Patent Court Sets the Pace

A new trial and appeals board has already attracted 650 disputes.

, The National Law Journal


Drawn by the promise of speed and expertise, scores of megacorporations from Apple Inc. to Toyota Motor Corp. are flocking to the hottest new forum for intellectual property fights: the Patent Trial and Appeal Board.

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What's being said

  • Paul Morinville

    The courts use a standard of clear and convincing evidence with the burden on the party seeking to invalidate the patent. This is key to the presumption of validity. The PTO review process changes everything. Clear and convincing evidence changes to more likely than not. The burden is now on the patent holder to reprove patentability. It is now a decision of the administrative branch. As in Versata, both the administrative branch and the judicial branch can come to opposite conclusions on the same patent. These procedures are not only hostile to inventors, they are wildly confusing to the law.

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