The number of petitions being filed at the Patent Trial and Appeal Board (PTAB) has collapsed. That’s not reason for celebration. The PTAB is an important line of defense against low-quality software patents being used in lawsuits against people and companies. The drop didn’t happen because suddenly patents have become higher quality. It’s simply because USPTO leadership is increasingly refusing to consider good challenges to patents, for reasons unrelated to the merits. The process has become so unreliable that many would-be patent challengers aren’t even trying. Inter partes review (IPR) is a process that allows people to challenge patents at the Patent Office, rather than having to fight an expensive lawsuit in federal court....
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