Today, the USPTO published proposed amendments to the rules of practice for trials before the Patent Trial and Appeal Board (PTAB). The USPTO, in concert with the American Intellectual Property Association (AIPLA), will discuss the proposed rules during upcoming road show presentations on August 24, 2015 in Santa Clara; August 25, 2015 in Dallas, Texas, and August 26, 2015 in Alexandria, Virginia. A copy of the Federal Register publication is available here.
Authored by Brian S. Mudge
As part of the America Invents Act, Congress created the Covered Business Method (“CBM”) transitional review program to provide a quick and cost effective way to challenge business method patents. The CBM review program was launched about 18 months ago. Since then, the Patent Trial and Appeal Board (“PTAB”) has issued eleven final decisions in CBM proceedings after conducting trial. In all eleven cases, the patent challengers prevailed, winning complete (or nearly complete) victories over patent owners. As a result of these decisions, the Board has ordered cancellation (subject to any appeal) of over 200 patent claims in nine challenged patents. By any metric, patent challengers have achieved overwhelming success in the trials conducted under the CBM patent review program.