In the legal and corporate world, the presumption of validity of patents has come under scrutiny. The argument that this presumption may have breached its expiration hinges on the examination requirement of patent applications – a statutory-based requirement rather than a constitutional one. Would it be justified then to announce, “The Presumption of Validity Is Dead; Long Live the Presumption of Validity?“
Historically, between 1793 and 1836, the U.S. Patent System operated on a simple registration mechanism, bypassing the need for an examination. However, the passage of the Leahy– Smith America Invents Act (AIA) marked a notable shift. Each year, the number of new patent applications now surpasses the 500,000 count. The parameters of patent approval have thus become a significant concern.
Adding to this is the role of the Patent Trial and Appeal Board (PTAB), which seems to be overturning Patent Office Examiners’ approvals at an alarmingly high rate. This brings into question whether the presumption of validity is still a functional concept in contemporary patent approvals – a doubt caused by the intersection of a high volume of filed applications and the contrasting frequency of PTAB’s reversals.
In this new paradigm, it is incumbent upon legal professionals and corporations worldwide to safeguard their intellectual property (IP) rights. Given PTAB’s growing influence, it may be wise to craft patent applications with an eye towards PTAB’s reversal trends. Balancing this act could prove crucial in navigating the evolving landscape of patent legitimacy.