PTAB = Is the Enemy of Inventors and Patent System —> See this video
American Inventors, See This Video
They claim that the Inventor Protection Act restores patent protection for inventors by reversing a generation of laws, regulations, and court decisions that have discouraged innovation by failing to secure to inventors the exclusive rights to their discoveries.
A very positive graceful initiative for Startups in Israel, is offering some protection funding from sources which see the value of protecting smaller Israeli companies from USA giant corporations within USA markets. The new fund “is designed to allow Israeli companies to compete on equal footing, even when facing off against the largest international companies in what would be otherwise be prohibitively expensive litigation” “When Israelis have legal disputes in the US, including problems involving intellectual property, this is when we come in,” said Michael Rosen, a Tel Aviv-based attorney with Kobre & Kim, in an interview with The Times of Israel.
Beyond Patent Insurance, option:
Getting & Keeping a U.S. Patent
Just so you know:
In order to have a realistic chance to obtain a patent from the USPTO, and keep the patent if and when challenged, more is required of patent drafters than was even a few years ago. This is compounded by the inescapable reality that nearly two-thirds of all patent applications filed at the USPTO in one way relate to a software innovation, where there is much disagreement among even Federal Circuit Judges with respect to what is and what is not a patent eligible innovation – and what is and what is not required to support the innovation in the specification.
Our recommended “Commercial Protection” first, is more and more the only option a wise inventor has, unless one just want to pay fees without expected benefits.
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Inventors’ CALL TO ACTION 2020:
U.S. Senate Threatens to Extend Patent Invalidation Program
More calls needed – Call Capitol directly at 202-224-3121
The 2011 American Invents Act caused great harm to the rights of inventors in the U.S. The worst part was the creation of the Patent Trial and Appeal Board (PTAB).
- The PTAB is a division of the USPTO that invalidates patents.
- The PTAB has invalidated 84% of the patents they have reviewed (2,421 out of 2,872).
- There is no right to a jury trial at the PTAB.
- Compared to a regular court, the PTAB limits evidence, testimony, due process, and procedural safeguards.
- Compared to a regular court, the PTAB has a lower burden of proof for invalidation (preponderance rather than clear and convincing).
- Most PTAB administrative patent judges have no technical experience and minimal legal experience.
- PTAB administrative judges often overrule examiners and federal judges who previously held a patent to be valid.
- The PTAB is benefits mostly large corporations – top patent challengers include Apple (650 petitions), Samsung (540 petitions), Google (337 petitions), and Microsoft (224 petitions).
- It costs an average of $450,000 to defend a patent at the PTAB.
- PTAB typically adds 2 to 5 years to the duration of a lawsuit.
The bottom line is that the PTAB has been set up to benefit the largest corporations in the world by preventing small companies from enforcing our patents. This has the effect of stifling competition and development of new technologies, causing the U.S. to lose its place as world leader in innovation.
The U.S. Senate is Planning Harmful Legislation to Extend the PTAB
Despite the devastation wrought by the PTAB, the Senate is deliberating on an extension. The PTAB has 3 components:
- Inter Partes Review (IPR) – allows challenges for the life of the patent, but only on §102 (novelty) and §103 (non-obviousness)
- Post Grant Review (PGR) – allows challenges in the first 9 months of a patent on any ground – §101 (eligibility), §102 (novelty), §103 (non-obviousness), or §112 (written description & enablement)
- Covered Business Method (CBM) – allows challenges for the life of the patent on any ground, but only for patents that cover “business methods”
The CBM proceeding is set to expire this month. That would be some progress for our movement to restore justice for inventors. Perplexingly CONGRESS IS PLANNING TO RENEW THE PTAB CBM PROGRAM. This makes no sense at all. The PTAB has virtually ruined our patent system which once was the envy of the world. At US Inventor we have been educating lawmakers to reform, limit, or abolish the PTAB in order to get our nation back on track. The expiration of CBM is a step forward. It must not be extended.
USA PTO actually Permits Infringement
The creation of PTAB (2011) was when the shift from protecting innovations had worsened because of the self-interests of the legal art profession had made a PTAB TOOL pass for Infringement on original Inventors.
It is sad, that the USA PTO had become a revenue generator from charging inventors and not living up to its original and only mandate of A TOOL FOR NEW ORIGINAL ECONOMIC INDUSTRIAL DEVELOPMENT for The Nation and The World.
For few years already, the USA PTO actually Permits Infringement by its major clients
Here is a sad VIDEO example of Infringement: https://www.youtube.com/watch?v=thaqlchX0mE&feature=youtu.be&rel=0
Here is what Inventors are saying about PTAB In 2017 this was first call for attention. PTAB is a real risk to the industry.
There is little input inventors can add, and already only 80 have done so which is a little disappointing because most inventors did not see this video call for attention SUBMIT YOUR INPUT and here is more information and if you like to join.
“US Inventors” and The 2022 Elections
“US Inventors” has made slow and steady progress over the past years to restore the rights of inventors to enable entrepreneurs to compete. Unfortunately, many lawmakers continue to refuse to correct the mistakes of the past. Like the PTAB that was created in 2011 ostensibly to help small businesses defend against frivolous lawsuits. Instead, the USPTO patent invalidation program has been weaponized by large multinational and foreign corporations to steal technology from smaller competitors. Contrary to the stated purpose, the PTAB has turned out to increase the time and expense of patent litigation and dramatically increase the likelihood of invalidation as compared to a regular court.
In addition to the PTAB, the Supreme Court has issued a number of rulings weakening patent rights. Ebay (2006), KSR (2007), Alice (2014), TC Heartland (2017), Oil States (2018), Arthrex (2021) – all made it harder for inventors to and undermined the Constitutional requirement of securing to inventors the exclusive right to their discoveries.
Some lawmakers are listening, and will soon introduce legislation to level the playing field. Stay tuned for that.
“US Inventors” are launching a 2022 campaign to make innovation a top priority for every contested House and Senate seat. “US Inventors” are expanding our staff, adding resources, and hitting the campaign trail.
If you like, helping and being informed, search for the “US Inventors” website.