Solutions for a Better Patent System: Making Changes Without Empowering Bad Actors *

Solutions for a Better Patent System: Making Changes Without Empowering Bad Actors *

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Various patent reform measures have been pending in Congress for several years and will once again be considered at some point during the 119th Congress. Meanwhile, earlier this year, the United States Patent and Trademark Office (USPTO) already changed the way IPR and PGR institution decisions are made by moving the discretionary denial decision back to the Director, which is where the statute places institution authority. This panel will discuss what can and should be done by Congress and the USPTO with respect to statutory and regulatory changes that would lead to a better patent system.

Materials

USPTO Director Takes Over Requests for Discretionary Denial

USPTO Rescinds Vidal Memo on Interim Discretionary Denial Procedure

Coons, Cotton Reintroduce RESTORE Act on Injunctive Relief

Legislative Developments in Patents: Prospects for the PREVAIL and RESTORE Acts and PERA in 2025

RESTORE Act Hearing Witnesses Butt Heads on Impact of eBay

PREVAIL Act Narrowly Moves Forward Despite Concerns About Drug Pricing Impact

IDEA Act Moves Forward While Fate of PERA and PREVAIL Seems Uncertain

Mischaracterizations of PERA Hurt Those the Bill Could Help Most

Passing PERA Assures Patent Eligibility for All Useful Inventions

PREVAIL Act Would Overhaul PTAB Practice

Survey

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