Tasked in 2011 with creating three powerful new patent review trial regimes, the U.S. Patent and Trademark Office—through the efforts of their freshly empowered quasi-judicial body, the Patent Trial and Appeals Board—set to creating a fast-paced trial with minimal discovery and maximum efficiency. In the first two years of existence, the proceedings have proved potent, holding unpatentable many of the claims that reach decisions on the merits. Yet a small subsection of petitions never make it past the starting gate, resulting in wasted time and effort on the parts of petitioners—and likely sighs of relief from the rights-holders. Parties on both sides of a petition can learn volumes by looking to the first 100 denials of institution. In a regime where so many petitions have been granted, knowing the ones that haven’t could be the key to success.
- Patents,
- Patentability,
- Administrative Law,
- Inter Partes Review,
- Covered Business Method Review,
- Administrative,
- IPR,
- PGR,
- CBM,
- Empirical
Available at: http://works.bepress.com/jonathan_stroud/8/