October 19, 2016
When the Patent Trial and Appeal Board (PTAB) decides to institute a post-grant trial, the subject patent
is in jeopardy. Statistics and analysis show that the PTAB, which is part of the U.S. Patent and Trademark Office (PTO), has canceled a large majority of the patent claims that it has reviewed in the more than 1,000 post-grant trials that have been completed since the PTAB’s inception in 2012. But there may be steps that the patent owner can take to salvage something from its patent, in the event that the claims challenged in the post-grant trial are canceled.