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In what way do you think that patents have been weakened? AIA changed to first-to-file, 20 years and added PTAB but how have issued and in force patents been we
by CalChris 9y ago
In what way do you think that patents have been weakened? AIA changed to first-to-file, 20 years and added PTAB but how have issued and in force patents been weakened?
- Animats 9y ago- Injunctions are much harder to get since eBay v. MercExchange.[1] - Post-grant proceedings are easy to start and delay enforcement. [1] https://www.apks.com/en/perspectives/publications/2016/06/2016_06_21_10_years_later_impact_of_ebay_13037 https://www.apks.com/en/perspectives/publications/2016/06/20...
- CalChris 9y agoIPR is relatively inexpensive and quick. They must be filed within 9 months and filing costs are borne by the challenger. https://www.uspto.gov/patents-application-process/appealing-patent-decisions/trials/inter-partes-review https://www.uspto.gov/patents-application-process/appealing-... I can't agree that this strictly benefits the challenger. A well funded challenger was going to challenge anyways. This lowers the costs for both sides. I'll have to read up on the EBay case.