"The fact that patents subjected to an inter partes review (IPR) are "specially selected" is the very reason that this class of patents are a suitable vehicle for studying the cited evidence. The actual evidence cited is what determines "the underlying actual quality of issued patents." Understanding how patent information evidence is missed during examination will identify the root cause of examination errors, both allowance errors and rejection errors."
"titled " Fallacy Dispelled: Invalidation Rates of Adjudicated Patents Convey Nothing About Quality of All Issued Patents. Katznelson discloses that he wrote the Government Accountability Office (GAO) requesting correction of two recent reports because the GAO asserts that Patent Trial and Appeal Board (PTAB) invalidation rates are a factual indicator of overall patent quality. Katznelson contends there is no relationship between PTAB patent invalidation and overall examination quality. I argue the opposite."
Examination quality is a controlling factor in PTAB invalidations. A systemic defect affects all patent applications and directly impacts examination outcomes. Patents subject to inter partes review (IPR) are specially selected, making them suitable for studying underlying evidence. The actual evidence cited determines the underlying actual quality of issued patents. The USPTO reported that 93% of studied grounds relied on at least one prior art reference not before the examiner during prosecution. Missing critical prior art during examination explains high PTAB invalidation rates, including the roughly 84% kill rate, and identifies root causes of allowance and rejection errors.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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