Will USPTO’s PTAB Undergo a Makeover? Senators Push Reform Bill, Patent Office Tweaks Policy

Director Eldora L. Ellison, Ph.D. was quoted in the article “Will USPTO’s PTAB Undergo a Makeover? Senators Push Reform Bill, Patent Office Tweaks Policy,” published by Pink Sheet. The article discusses the proposed PTAB Reform Act of 2022 and recent actions taken by the USPTO related to the proposed legislation.

From the article:

“Ellison, who has represented patent owners and petitioners in dozens of post-grant proceedings, noted that some of the changes in the proposed legislation are popular among many stakeholders, including a provision that would require the PTAB to construe patent claim terms using the same standard as a court in a civil action rather than the ‘broadest reasonable interpretation’ standard used during examination of an application. The provision would codify the PTAB’s use of the district court’s standard, which it adopted several years ago.

Ellison testified at a 23 June hearing of the Senate Judiciary Committee’s Subcommittee on Courts, Intellectual Property, and the Internet on the impact of PTAB on innovation and small businesses. She suggested that PTAB promulgate guidelines and procedures for considering live testimony on key issues in cases. She also recommended that Congress consider promulgating a process to allow PTAB to more regularly use expanded panels, or even alternate panels, at the request of either party. She noted that only about 10% of requests for rehearing are granted and there is concern that in requesting a rehearing the panel will simply double-down on its previous decision.”