Knobbe Martens partner Ted Cannon was quoted by Bloomberg Law in the article “Patent Board Shakeup Bill Lauded as Some Call for More Changes.” The article discusses a new bill, the “Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act,” that proposes substantial changes for Patent Trial and Appeal Board (PTAB) cases, including limiting who can challenge a patent through the tribunal and restricting the body’s discretion to decline to hear challenges due to parallel litigation.
In discussing how the legislation would reinforce lawmakers’ right to institute changes through the legislative process rather than through Patent Office regulations, Mr. Cannon said, “It comes at a really good time for there to be an opening discussion about these types of changes…And I think it comports with the general notion out there that a lot of these changes should be made through the legislative process instead of through Patent Office regulations.”
Mr. Cannon had recently written about the potential changes the USPTO was considering to how the PTAB would handle “parallel” petitions and the possible impacts these would have on petitioners in an article published by Law360.
Read the full Bloomberg Law article here.
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