Recent Changes At The PTAB Appear To Benefit Patent Owners

Since the America Invents Act created new post-grant review proceedings, such as inter partes reviews (IPRs), the Patent Trial and Appeal Board (PTAB) has been viewed as a reliable venue for invalidating patents. To date, the institution rate for IPRs is approximately 67 percent, and the PTAB has invalidated at least one claim in 80 percent of instituted IPRs.¹ In IPRs where the patent owner has sought claim amendments, the PTAB has denied 90 percent of motions to amend.²

Against this petitioner-friendly background, the Supreme Court, the Federal Circuit, and the United States Patent and Trademark Office (USPTO) have recently issued decisions or rules that should weigh in favor of patent owners.