Document Type

Article

Publication Year

2019

Journal Title

Chicago-Kent Journal of Intellectual Property

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

FIle Type

PDF

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