Opinions and Editorials

Jan. 7, 2018

IP Watchdog: PTAB Errors Fatal to Hundreds of Legitimate Patents, by Josh Malone & Steve Brachmann

This post originally appeared on January 7, 2018 in IP Watchdog.

Apologists for the Patent Trial and Appeal Board (PTAB), including Greene’s Energy Group and the Department of Justice continue to proffer the fallacy that the PTAB is merely “correcting” errors committed by the USPTO in issuing “bad” patents through the use of America Invents Act (AIA) post-grant proceedings to adjudicate a patent’s validity. The actual data indicates that the PTAB is instead helping infringers by overturning the examining corps and the real courts to nullify inventors’ hard earned rights. Allyson Ho, counsel for Oil States correctly argued that the PTAB is improperly intervening in property rights disputes between private parties – not “correcting errors.”