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Patent Trial and Appeal Board is death knell for challenged patents

2/7/2017

 
According to an article by Finnegan, in December 2016, the Board cancelled 83.10% of instituted claims before it, and declined to cancel 15.88% of the instituted claims (these claims were instituted as part of Inter Partes Review and Covered Business Method Procedures).  

Claims in Biotech and Organic Chemistry had the highest chance of surviving, with a 47.54% survival chance.  In every other reported technology center, the survival rate hovered around 20%. 

One commentator associated with a different website called the PTAB an "assassination squad" for patents, since most claims simply do not survive after being analyzed by the PTAB.  Others claim that the high mortality rate for patents is just because the "bad patents" are being challenged first, but once those are all weeded out of the system, the patent mortality rate at the PTAB will drop.

Of course, that still remains to be seen.


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