Document Type
Article
Publication Date
6-2019
Journal Title
Chicago-Kent Journal of Intellectual Property
ISSN
1559-9493
Abstract
This Essay begins from the emerging agenda in the political branches for reforming various aspects of the USPTO Patent Trial and Appeal Board, and focuses on a particular reform: the creation of a PTAB off-ramp whereby a patent being challenged in an administrative revocation proceeding could be removed into a system primarily aimed at amending its claims and preserving its validity. To put the proposal into perspective, the Essay presents specific empirical trends, largely unexplored until now, that implicate patent reliance interests to which the PTAB has done injury. Ultimately, because the benefits and costs from a PTAB off-ramp are mixed, it should not come at the political expense of other more basic or feasible reforms.
First Page
514
Last Page
536
Num Pages
23
Volume Number
18
Issue Number
3
Publisher
Chicago-Kent College of Law
Recommended Citation
Saurabh Vishnubhakat,
The Mixed Case for a PTAB Off-Ramp,
18
Chi.-Kent J. Intell. Prop.
514
(2019).
Available at:
https://scholarship.law.tamu.edu/facscholar/1317