The PTAB’s biggest test yet


The PTAB’s biggest test yet

With the PTAB facing questions over its authority and even constitutionality, life sciences companies seem to be faring well, at least compared to other industries, as LSIPR finds out.

The Patent Trial and Appeal Board (PTAB) is facing major scrutiny as big pharma companies look at ways to avoid inter partes reviews (IPRs) and the US Supreme Court looks into the very constitutionality of the procedure.

Former President Barack Obama passed the America Invents Act into law in September 2011, introducing new procedures for challenging patent validity at the US Patent and Trademark Office.

Fast-forward one year and the IPR procedure became available, allowing any person to challenge a patent before a panel of administrative judges at the PTAB.

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