The article argues that the high patent invalidation rates by the Patent Trial and Appeal Board (PTAB) should not be viewed as a reflection of the U.S. Patent and Trademark Office's (USPTO) examination quality. It highlights that improving examination processes to lower these rates would demand extensive resources and time, which is impractical and counter to public interest. The structure of patent examination is described, emphasizing the qualifications of patent examiners who evaluate applications across various technology centers.
The present [PTAB] system provides a do-over for the USPTO... [that] removes the presumption of validity from a valuable patent based on subjective argumentation from a highly incentivized party.
...patent invalidation rates should not be used as a barometer for how well the USPTO is examining patent applications.
To increase certainty of patentability to a degree that would substantially lower invalidation rates at the PTAB, the USPTO would have to spend hundreds of hours examining each patent application.
All patent examiners have a college degree in science or engineering and most have a technical background matching the subject matter of the tech center.
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