The Mixed Case for a PTAB Off-Ramp
24 Pages Posted: 28 Mar 2019 Last revised: 9 Apr 2019
Date Written: February 24, 2019
This Essay begins from the emerging agenda in the political branches for reforming various aspects of the USPTO Patent Trial and Appeal Board, and focuses on a particular reform: the creation of a PTAB off-ramp whereby a patent being challenged in an administrative revocation proceeding could be removed into a system primarily aimed at amending its claims and preserving its validity. To put the proposal into perspective, the Essay presents specific empirical trends, largely unexplored until now, that implicate patent reliance interests to which the PTAB has done injury. Ultimately, because the benefits and costs from a PTAB off-ramp are mixed, it should not come at the political expense of other more basic or feasible reforms.
Keywords: patent, administrative, revocation, retroactive, amendment, data, Aqua Products, USPTO, PTAB
JEL Classification: D23, D73, K23, K41, O31, O34, O38
Suggested Citation: Suggested Citation