IPWatchdog Unleashed

The Slow Death of AIA Trials: A Look at the PTO’s ‘One-and-Done’ Rule Package


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On this episode of IPWatchdog Unleashed, Gene Quinn sits down with one of the leading PTAB practitioners and strategist Scott McKeown to unpack the USPTO’s controversial “one-and-done” PTAB rule package. With more than 10,000 comments filed and over 700 individual commenters weighing in, the proposal has become a flashpoint for questions that go way beyond discretionary denial and AIA trials.

Gene and Scott drill down on what USPTO Director John Squires is actually trying to accomplish, why the Office is now wrapping aggressive policy changes in “fairness” rhetoric, why some view this proposed rules package to be an effort at de facto legislation, and why former Members of Congress who wrote the AIA are now publicly objecting to the rules package. They also flag the real-world impact on small and mid-size companies, the growing risk that the PREVAIL Act and PERA will now be dead on arrival, and what this latest PTAB fight tells us about a broken Congress, an overactive administrative state, and a patent system that simply can’t deliver quiet title.

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IPWatchdog UnleashedBy Gene Quinn

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