Posts Tagged: "inter partes"

The PTAB Continues to Break Patent Promises to the Detriment of Inventors

Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more than they have gained. They taught a big corporation their technology either directly or via the publication of their patent. The big corporations have made tens of millions of dollars using the inventor’s technology. The inventor paid lawyers hundreds of thousands of dollars in exchange for losing his patent rights. Many of these inventors are financially and/or psychologically devastated, and every one of them has a legitimate invention. One such legitimate inventor who has been railroaded by the U.S. patent system is Tom Waugh… If he keeps trying to play the patent game of kings, he will become a pauper – a much worse position for having acted on the false promise of the modern American patent system.

An Exclusive Interview with USPTO Director Andrei Iancu

Director Iancu is knowingly and intentionally seeking to provide hope in the words he speaks because he believes a strong patent system is necessary for the U.S. economy to flourish. In part one of our interview we also discussed the need for transparency, and the troubling Freedom of Information Act processes employed by the Office that seem hopelessly broken. We discussed the posts grant challenge process, the PTAB, experience level of the Administrative Patent Judges on the PTAB and inter partes review.

PTO Proposes Rulemaking to Implement Phillips Claim Construction at PTAB

Earlier today the USPTO announced proposed rulemaking that would change the prior policy of using the Broadest Reasonable Interpretation (BRI) standard for construing unexpired and proposed amended patent claims in PTAB proceedings under the America Invents Act and instead use the Phillips claim construction standard.. The new standard proposed by the USPTO is the same as the standard applied in Article III federal courts and International Trade Commission (ITC) proceedings, a change critics of the PTAB process have urged for many years in order to bring uniformity to post grant challenges across forums… The USPTO is also proposing to amend the rules for PTAB trials to add that the USPTO will consider any prior claim construction determination concerning a term of the claim in a civil action, or an ITC proceeding, that is timely made of record in an Inter Partes Review (IPR), Post Grant Review (PGR), or Covered Business Method (CBM) proceeding.

PTAB Reform: An Urgent Request on Behalf of Independent Inventors

What follows is a letter on the topic of PTAB reform that will be sent to USPTO Director Andrei Iancu on Monday, May 14, 2018. The letter seeks urgent action on the Patent Trial and Appeal Board in order to bring balance to a process that has tormented inventors for the last 6 years. We already have over 100 signatures from patent owners, patent attorneys, investors and inventors. If you would like to sign onto this letter please visit http://100patentowners.org.

The Supreme Court is wrong, a patent is not a franchise

The word franchise is defined as an authorization granted by a government or company to an individual or group enabling them to carry out specified commercial activities… A patent is an exclusive right by nature. A patent does not give anyone the right to do anything other than to exclude someone else from doing something… So how then can a patent be a grant from the government to carry out specified commercial activities? That is simply not what a patent is, it is not what the statute says, it is not the grant provided to the patentee. To put it point blank, the Supreme Court has fundamentally altered the nature of the patent grant without reason or authority.