As Congress debates the latest patent reform legislation, some are proposing changes to Patent Trial and Appeal Board (PTAB) practice that may undermine one of the success stories from the 2011 patent reform law. The changes seem motivated by the perception that the PTAB’s cancellation rate is either too high or that the Board has been hijacked by hedge funds for personal gain. But the forces behind this latest push for “reform” (many of whom have financial interests in the outcome) may just want a poison pill aimed at preventing passage of the legislation. I believe amending or changing these new proceedings should be based on accurate data, rather than fear and anecdote.
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