CCIA Welcomes Bipartisan Patent Bill That Would Update PTO Procedures, Promote Fairness In Patent Appeals Process

BY Heather Greenfield
June 16, 2022

Washington – Senators Cornyn, Leahy, and Tillis have introduced the Patent Trial and Appeal Board (PTAB) Reform Act of 2022 today.  Current USPTO guidance allows the PTAB to refuse to examine the validity of challenged patents, even if the patent is clearly invalid. This bi-partisan legislation would ensure that meritorious challenges to the validity of a patent will be heard by the PTAB, not arbitrarily denied.

The Computer & Communications Industry Association has advocated for tech policy that advances innovation, including high quality patents, for 50 years. The following can be attributed to CCIA Patent Counsel Josh Landau:

“Under precedent put in place by former USPTO Director Iancu, the PTAB frequently decides to refuse to hear challenges to patents.  These decisions have nothing to do with the merits. In fact, the PTAB has even admitted that some of these challenges are ‘particularly strong’.  In one especially controversial case, the PTAB declined a challenge to a set of patents that resulted in a $2.1 billion verdict, only to reverse course, and approve of the same exact challenge, based on the same exact arguments, filed by another party.

“Senators Cornyn, Leahy, and Tillis have crafted a careful compromise that will make sure that these invalid patents do not remain in force, protecting innovators from abusive patent litigation, while also protecting the rights of patent owners.  CCIA applauds their efforts and looks forward to consideration of the bill in the Senate.”

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