(This article first appeared on IPWatchDog) “The PTAB was supposed to be a faster, less expensive alternative to district court. Instead, it has proven to be the complete opposite on all counts. Proper regulation of the institution decision could solve many of the problems and mitigate most of the unintended consequences.”
Recently, the U.S. Patent and Trademark Office (USPTO) published a Request for Comments on Discretion To Institute Trials Before the Patent Trial and Appeal Board (PTAB), seeking “focused public comments, on appropriate considerations for instituting America Invents Act (AIA) trials.” Comments are due on November 19. US Inventor provides a streamlined tool for submitting comments here.
This is a big deal for inventors. We desperately need help. We simply cannot participate in the patent system until the PTAB is regulated to provide predictability with respect to the validity of our issued patents. Director Iancu has made a valiant effort to restore balance, but it has failed thus far. As it stands, we cannot use our issued patents because it is utterly impossible to predict whether or not they survive the PTAB – no matter how carefully we follow the existing laws and procedures.
To read the rest of Josh Malone’s Article, click here.