"Director Squires warned that 'even extremely strong patents' cannot survive repeated rounds of review, indicating a significant issue with serial and parallel validity challenges in the patent system."
"Deputy Director Coke Morgan Stewart stated, 'to have a stable economy, we need a stable patent system,' emphasizing that repeated reconsideration of patent grants undermines stability."
"Allowing excessive serial challenges to patents is unfair to patent owners and undermines the patent system, whether through inter partes reviews or ex parte reexaminations."
"A new playbook has emerged where denied IPR petitions can be reformulated into EPR requests, complicating the patent landscape and disadvantaging patent owners."
The USPTO leadership has emphasized the negative impact of serial patent challenges on the patent system. Director Squires noted that even strong patents struggle against repeated reviews, which can be exploited by larger companies to invalidate patents. Deputy Director Stewart highlighted the need for a stable patent system, arguing that frequent reconsideration under low evidence standards disrupts stability. The rise of a new strategy involves reformulating denied IPR petitions into EPR requests, further complicating the patent landscape and disadvantaging patent owners.
Read at IPWatchdog.com | Patents & Intellectual Property Law
Unable to calculate read time
Collection
[
|
...
]