The US Patent Office – of which the PTAB is a part – issues patents. That’s why it exists. So if the PTAB finds an error in a granted patent, fix it. Maybe that fix renders the patent so narrow it’s worthless in the market. If so, that’s the applicant’s issue. The point is that all the components of the Patent Office should be resources for inventors, not adversaries, working to issue valid patents. As Director Iancu says, “It is a new day at the PTAB! All these enhancements advance Dir. Iancu’s underlying theme, forcefully emphasized at numerous venues over the last months: Cherish our patent system’s enabling capabilities, and as necessary, propose narrowly-tailored solutions that address actual shortcomings. In other words, ex ante, would anyone have seriously proposed the Alice decision as the most surgical way to deal with abusive demand letters sent to coffee shops?
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