WIPR survey: Readers say new PTAB rules favour patent owners

WIPR readers unanimously agree that the US Patent and Trademark Office’s (USPTO) new rules for cases at the Patent Trial and Appeal Board (PTAB) favour patent owners over petitioners.

On April 1, the USPTO published new rules governing cases heard at the PTAB. Among the changes is a provision that allows patent owners to submit testimonial evidence with their opposition to a petition.

After we asked readers whom the new rules favour, 100% of respondents said the changes favour patent owners over petitioners.

One reader said: “The rule changes were intended to expand the ability of patent owners to support arguments that a PTAB review should not be instituted.”

Another said: “Anything that can be done to help patent owners is good.”

For this week’s survey we ask: “Last week we reported that an advocate-general at Europe's highest court said that posting a hyperlink to a website that has published unauthorised photographs does not in itself constitute copyright infringement. Do you agree?”