Patent Attorney and Founder
Hi everyone I’m JD Houvener your host of the Bowl today’s show were you the inventor entrepreneur or business owner get your daily dose of inspiration to make the world a better place thanks for joining me today we’re on our part two of a part 5 USPTO and policy section we’re talking about the course the United States Patent and Trademark Office and what’s on the agenda what are they up to this coming year and in years coming we talked about Andre yongku the new director yesterday we’re gonna hear about more of that today and as I share about the patent trial and appeal board as you all might have known I’ve shared this in previous sessions the American Invents Act which was passed in 2013 brought into being this patent trial and appeal board acronym is the P tab it’s a specialized adjudicative panel of judges that all they do all day long is look at pad cases and it’s a wonderful Avenue for those that are arguing about patents and validity and claim changes to have a much more efficient path to their day in court as opposed to going to federal court which is much more arduous cost as far as you know fees and paying the attorneys the P tab is a much more time efficient manner to get a more predictable solution all that said it hasn’t been all that hot right it’s been what five years now since the P tab has been running there’s no three or four major proceedings that they hear the biggest and by far and away the most popular is inter partes review the IPR hearings and this is a situation where you know a patent holder and the venture has a an invention and they believe that someone else is infringing that so most is actually performing by making using selling or importing their invention into the US without permission that is patent infringement under 35 USC 371 now all that said P tab is one Avenue apart from the federal court to use to make sure that patent claim is actually still valid if that patent holder I just talked about or to try to sue and say the likes of Microsoft or Amazon saying that they’re the big guys are infringing their invention those big guys will take that patent to the P tab and try to invalidate it before they can even get to the considering whether it’s infringing or not so that’s the first inquiry and as I mention Andre yongku in his speech the other week he mentioned that the USPTO is taking a very careful look at when they allow certain cases to be heard before the P tab and what that means is it’s called institution and instituting whether it qualifies whether it meets the bar of whether those judges are actually going to be able to review the case or not so much more to come about USPTO and policy today we talked about the patent trial and appeal board and how even be able to get in to the to those sessions is gonna be quite helpful and what the changes are coming down the road if you have any questions about an infringement if you’ve got an invention please get ahold of us our website is bold patents and dot-com and we’re always available for a free 30-minute consultation I’d be happy to chat with you I hope you all have a wonderful rest of your day I’m your host JD Houvener of the bold Today Show go big go bold [Music]
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