Pendulum Swings Toward Patent Owners in Agency Challenges

A Patent and Trademark Office pilot program making it easier for patent holders to fend off administrative challenges has made it tougher for the challengers to void patents, intellectual property attorneys say.

The agency March 15 launched a pilot program that allows patent owners to seek guidance from the PTAB in defending their claims, and gives them a new opportunity to amend claims.

Giving patent owners a second stab at amending claims could lead to a frenzy of filings before the oral hearing, costing petitioners both time and money, Scott McKeown, chair of Ropes & Gray LLP’s PTAB practice, said. ...