Judge Chen told the annual meeting in D.C. of the American Intellectual Property Law Association on October 24th that the large grant of invalidity petitions by the Patent Trial and Appeal Board should produce a chill in many patent owners. Stated Judge Chen,
It is quite a commentary it seems to me that in a short period of time, the patent board has found it likely that at least some claims in almost 1,000 patents are unpatentable,
Those grants are of course non-final decisions, but the decision to grant the petition is not simply a small hurdle. It is a significant event that should get the attention of any patent owner.
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