One of the most significant changes to patent law in recent years is the post-grant review (PGR) program—an important weapon for companies facing infringement suits by patent owners. So, how does the process work—and is it working as intended?
A roundtable panel of patent experts recently convened to discuss PGR, and most support the changes. The review process is streamlined and much faster, they said, leading to as many petition filings in 2015 as there were inter partes reexamination requests over the previous 13 years.
One panelist, however, believes the playing field is not yet level, and suggests further changes. For example, since only a petitioner can submit a declaration by an expert in the appropriate field, it would be more equitable if the USPTO—which has made the same proposal—could accept similar testimonial evidence in support of a patent owner’s response, since an initial determination by the Patent Trial and Appeal Board (PTAB) is difficult to overcome.
Source: Global Media Business Group