Congress must remove any meaningful advantage from sovereign ownership of patents by revising USPTO post-grant procedures so outcomes are more aligned with adjudication in the federal courts. Such patent reform would not only address the constitutional crisis presented by sovereign immunity being denied in actions adjudicated by the PTAB, but it would also trickle through and inure to the benefit of all patent owners, thereby increasing certainty and predictability within the system, eliminate gaming, and streamline adjudication by coordinating rules and laws so there is no substantive or procedural advantage to either challengers or patent owners in one forum over the other.
The post Canary in a Coal Mine: Sovereign Measures to Shield Patents from PTAB Raise Great Concerns appeared first on IPWatchdog.com | Patents & Patent Law.
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