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.
Recent Posts
- USPTO Scraps Proposal to Allow Non-Registered Practitioners as Lead Counsel in Final Rule on Expanding PTAB Practice Opportunities
- SCOTUS Denies Challenges to Section 101 Test, Trademark Domicile Rules and Obviousness-Type Double-Patenting Analysis
- After Loper Bright, the USPTO Should Reopen the Comment Period for FY 2025-2029 Patent Fees
- Dissecting the USPTO’s Update to Eligibility Guidance for AI Inventions
- Other Barks & Bites for Friday, October 4: Meta Hit with Class Action Copyright Infringement Lawsuit; Industry Leaders Ask for Clarification on Third-Party Litigation; EUIPO Applauds German Court Ruling on Misleading Invoices