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« Ariosa Diagnostics v. Verinata Health, Inc. (Fed. Cir. 2015) | Main | Endo Pharmaceuticals Inc. v. Actavis Inc. (D. Del. 2015) »

December 08, 2015


Hey Andrew,

Newman is right: granted motions to amend are rarer than diamonds. That a majority of the Federal Circuit panel approved of such restrictions on such motions to amend, while at the same time also believing that BRI applies and that the burden is on the patentee to justify the propriety of such amendments defies logic, fairness, and most importantly "due process." If that's how IPRs work, IPRs can't possibly comply "due process."

It doesn't matter what happens in prosecution anymore, because at the end of the day PTAB is just going to kill the patent anyway using the twin pillars of "BRI" and "no amendments". That being the case, let's spare the applicants the time and expense of of this faux prosecution in the USA, and just go with a registration system.


While there are wrinkles that need to be addressed, the call for a much less expensive system really should be on the table.

Currently, the USPTO budget - paid for entirely by the innovators seeking patents - runs to the BILLION (yes, with a "B") dollars annually.

A registration system could realistically be run at a rate of 2% of that on an ongoing basis.

That would mean that 98% of the current funds propping up the system could be plowed back into the innovation activities.


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