Video: Lessons Learned from Contested Proceedings at the USPTO
- Eldora L. Ellison, Ph.D.
In this video, Eldora L. Ellison, Ph.D. discusses lessons learned from pending inter partes review and covered business method patent review proceedings. Primarily, she says, patent owners should be aware that their competitors are willing to use such proceedings to challenge a patent, particularly when there is related litigation. In the pending proceedings, the Patent Office has shown a propensity to institute trial. They have also demonstrated a tendency to deny unpatentability grounds on claims that are redundant, presented in a vague manner, or are based on art that is cumulative with other art. In all cases, the Patent Trial and Appeal Board has focused on the core patentability issues.
To watch the video, click here.