On the heels of this win in the Senate for those in favor of PTAB reform, the very next day USPTO Director Kathi Vidal wrote on the Director’s Blog about how wonderful the PTAB has been, saying in part: “Since AIA proceedings began over a decade ago, almost 70% of challenged patents have been upheld at the PTAB.” Simply stated, she is wrong. If you actually look past the extraordinarily misleading PTO narrative you see a very different reality. The incontrovertible facts presented by the PTAB itself demonstrate that of those patents that reach a final written decision at the PTAB 85% lose at least one claim and 70% lost all claims. This factual reality is exactly opposite of what Director Vidal claimed. The PTAB is not a friendly forum for patent owners—it has always been and continues to be an extraordinarily favorable forum for challengers. The PTAB is harming innovation in America because it is making it untenable for individuals and small entities to even get started.
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