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« USPTO Issues Update to Subject Matter Eligibility Guidance | Main | President Obama Signs Defend Trade Secrets Act »

May 10, 2016

Comments

"it appears that patent owners have not been able to satisfy the Board that any such proposed amendments would in fact distinguish over the art used to challenge the patent."

This isn't surprising at all given the selection bias at work. Petitioners select weak patents that can't be easily amended to avoid the prior art, and the PTO further selects the weakest patents targeted by petitions for review (i.e., the patents it deems likely to be found invalid when the proceedings are over).

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