The Mixed Case for a PTAB Off-Ramp

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See all articles by Saurabh Vishnubhakat

Saurabh Vishnubhakat

Texas A&M University School of Law; Duke University School of Law

Date Written: February 24, 2019

Abstract

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

Vishnubhakat, Saurabh, The Mixed Case for a PTAB Off-Ramp (February 24, 2019). Chicago-Kent Journal of Intellectual Property, Forthcoming. Available at SSRN: https://ssrn.com/abstract=

Saurabh Vishnubhakat (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

Duke University School of Law

Durham, NC

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