"We specifically discuss the biggest issues facing the USPTO generally, and the PTAB specifically, namely the increase in discretionary denials under the Trump Administration, the fact that across all aspects of government it seems we are governing by memorandum, how what we are seeing at the USPTO now is a snap back from the past several years but can't be expected to last forever,"
"At the end of our conversation McKeown's final thoughts are a message of hope for patent owners and a message to implementers that they need to stay the course and prepare to pay more when sued. "If you're asserting patents, it's a great time" because "the PTAB has been beaten down," McKeown concluded. He also wryly punctuated his analysis by saying that alleged infringers should probably "invest in some hotels in Texas because it's going to be the Wild West down there for a couple years.""
Political shifts drive oscillating patent policies that create uncertainty for USPTO employees, practitioners, and users. Recent years saw increased discretionary denials at the PTAB under the Trump Administration and a broader tendency to govern by memorandum across government. Current USPTO activity represents a snap back from prior years but appears unsustainable long-term. The patent examiners union has effectively collapsed. Patent owners currently face favorable enforcement conditions as the PTAB has been weakened, while implementers should prepare for higher damages and litigation costs. Venue dynamics favor certain districts such as Texas in the near term.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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