In a recent episode of IPWatchdog Unleashed, Jim Carmichael, an authority on patent law, shares his insights on improving the PTAB process. Having extensive experience in patent appeals, he presents ten suggestions to enhance fairness at the USPTO, including restoring full decision-making power to the Director and minimizing reliance on expert witnesses. The focus is on aligning the PTAB's functioning with its statutory framework, aiming for a more efficient and fair adjudication of patent disputes. This conversation highlights the challenges and potential reforms within the current patent landscape.
Carmichael argues that Congress intended IPRs and PGRs to be decided solely on patents and printed publications, which advocates eliminating expert witnesses to maintain the original scope.
The USPTO should restore full authority to the Director to decide on institution matters, as the statutory power was delegated to relieve the burden on the PTAB.
Collection
[
|
...
]