Paul Michel, former Chief Judge of the U.S. Court of Appeals for the Federal Circuit, published an opinion piece over the weekend in IAM detailing the dire need for reform at the Patent Trial and Appeal Board (PTAB) as well as in the area of patent eligibility.
Michel’s piece exposes the inconsistencies between the PTAB’s approach and authority in patent validity challenges and those of the federal courts, highlighting how the PREVAIL Act would reconcile key differences between the courts and PTAB to spur innovation. He also identifies how Supreme Court decisions have harmed patent eligibility in certain high-tech areas, a problem that could be resolved by the Patent Eligibility Restoration Act (PERA).
While the bills face opposition from corporate interests, Michel expresses hope that lawmakers might be able to find common cause in helping restore American innovation.
“[T]hese bills test the capacity of Congress to pass bipartisan legislation that serves the national interest. For the sake of America’s economic prosperity and national security, we should all hope Congress can achieve this goal.”