PTAB Facts: An ugly picture of a tribunal run amok

By Gene Quinn, Steve Brachmann, Josh Malone, & Paul Morinville Published by IPWatchdog It has come to our attention that supporters of the Patent Trial and Appeal Board (PTAB) are claiming that the facts and figures presented in various IPWatchdog.com articles are erroneous. That is not the case. In fact, the criticism of some borders on outright misrepresentation. As the facts laid …

PTAB Errors Fatal to Hundreds of Legitimate Patents

By Josh Malone & Steve Brachmann Published by IPWatchdog Apologists for the Patent Trial and Appeal Board (PTAB), including Greene’s Energy Group and the Department of Justice continue to proffer the fallacy that the PTAB is merely “correcting” errors committed by the USPTO in issuing “bad” patents through the use of America Invents Act (AIA) post-grant proceedings to adjudicate a …

Will the Supreme Court continue to be influenced by patent reform?

By Paul Morinville & Gene Quinn Published by IPWatchdog We’ve analyzed all of the Supreme Court patent related decisions since 2005 comparing them to proposed patent related legislation pending at the time of the decision. Invariably, the Supreme Court takes a provision or two from pending legislation and makes it law, often word for word. To me it is unbelievable …

Patent Reform: U.S. Inventor Act goes to Congress

By Paul Morinville & Randy Landreneau Published by IPWatchdog This week US Inventor, an inventor organization working in Washington DC and around the US to advocate for strong patent protection for inventors and startups, rolled out the U.S. Inventor Act in the House of Representatives. US Inventors have been visiting congressional offices since 2013. Back then, the false patent troll …

Tax Reform will Harm Inventors, High Tech Start-ups

By Paul Morinville & Gene Quinn Published by IPWatchdog HR 1, the Tax Cuts and Jobs Act, passed the House of Representatives on November 16, 2017 by a vote of 227-205. Within HR 1 is a provision to change 26 U.S.C. 1221(a), 26 U.S.C.1231(b)(1) and 26 U.S. Code § 1235,), which address the way patents are treated from a tax …

The Impact of Bad Patents on American Businesses

By Josh Malone Published by IPWatchdog What is a bad patent? Congress has established the requirements for obtaining a patent. The patent office grants a patent to applicants when they meet those requirements. It is simple. No trolls involved. If there are bad patents, then either the law is bad, or the patent office is not following the law when …

PTAB, Patent Trolls, Bad Patents, and Data: A Wakeup Call to AIA Apologists

By Josh Malone & Steve Brachmann Published by IPWatchdog Since the PTAB declared two of my Bunch O Balloons patents obvious in an institution decision earlier this year, I have visited with many lawmakers and officials to describe my ordeal: six (6) patents, one (1) notorious infringer, five (5) cases in district court, eight (8) appeals to the CAFC, four (4) …

The PTAB: Number One Enemy of Inventors

By Josh Malone Published by IPWatchdog I used think that if I followed the law, applied for a patent, and that patent application was approved, then I would receive a patent that protects my invention. But U.S. patents don’t work like that anymore. They are useless if a big corporation decides to steal your invention. Several factors have led to …

$17 million: The real and staggering cost to patent in the US in the PTAB age

By Josh Malone Published by IPWatchdog At least $17 million. That is what my Bunch O Balloons patent has cost so far. It could grow to $50 million. Yes, we are talking about water balloons, not smartphones. How can this be? Because the patent grant issued by the U.S. Patent and Trademark Office means nothing to infringers like Telebrands and Walmart. They simply ignore …