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ARTICLE · 20 JUNE 2022

Senators Leahy And Tillis Introduce PTAB Reform Act

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On Thursday, June 16, 2022, Senators Patrick Leahy (D-VT), Thom Tillis (R-NC), and John Cornyn (R-TX) introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022 (PTAB Reform Act).

United StatesIntellectual Property
Oblon, McClelland, Maier & Neustadt, L.L.P
Oblon, McClelland, Maier & Neustadt, L.L.P
Elissa L. Sanford
Elissa L. Sanford
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On Thursday, June 16, 2022, Senators Patrick Leahy (D-VT), Thom Tillis (R-NC), and John Cornyn (R-TX) introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022 (PTAB Reform Act). According to the Senators, the legislation aims to address "predictability, certainty, and fairness at the PTAB." And as provided by Senator Leahy's office, the bill has four main goals: (1) "prevent[ing] abusive serial petitions from harassing patent owners;" (2) "prohibit[ing] [the] PTO from considering inaccurate district court litigation timelines;" (3) "revis[ing] the PTAB structure to conform with the Appointments Clause while preserving PTAB autonomy;" and (4) "address[ing] PTAB certainty and fairness in other areas." A description of the bill provided by Senator Leahy's Office can be found (here), the full text of the bill can be found (here), and a section-by-section summary of the bill can be found (here).

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