IPWatchdog Unleashed
Each week we journey into the world of intellectual property to discuss the law, news, policy and politics of innovation, technology, and creativity. With analysis and commentary from industry thought leaders and newsmakers from around the world, IPWatchdog Unleashed is hosted by world renowned patent attorney and founder of IPWatchdog.com, Gene Quinn.
IPWatchdog Unleashed
Inside the PTAB Reset: Reengineering the PTAB with Practical Fixes
In this episode of IPWatchdog Unleashed, Gene Quinn and Matt Johnson, Co-Chair of the PTAB Practice at Jones Day, take an in-depth look at the Patent Trial and Appeal Board (PTAB) nearly a decade and a half after its launch. Quinn and Johnson explain the viewpoint that the PTAB drifted from what many had initially expected, pointing to among other things the lengthy, merits focused institution decisions and serial challenges that eroded confidence among patent owners and raised serious questions about whether the PTAB functioned as a balanced error-correction mechanism.
The conversation zeroes in on structural flaws that distort outcomes rather than improve patent quality. Quinn and Johnson discuss obviousness determinations built on excessive combinations of prior art, warning that such analyses blur the line between legitimate hindsight reconstruction and genuine innovation assessment. They also highlight a systemic blind spot: nuisance “ankle-biter” assertions that exploit litigation economics while largely evading PTAB scrutiny. These cases have driven much of the political backlash against patents while remaining functionally untouched by the post-grant review process, leaving operating companies to absorb the cost as a tax on doing business and legitimate patent owners to be vilified as if they are the problem.
Johnson offers concrete, targeted reform suggestions that would lead to a better functioning PTAB and more streamlined IPR review system. Instead of abstract complaints, he proposes narrowing PGR estoppel to encourage early challenges, moving IPR estoppel to the point of institution to eliminate gamesmanship, separating institution decisions from full merits adjudication to reduce confirmation bias, and rethinking quiet-title concepts to better align notice to implementers with settled expectations of patent owners.
The takeaway is clear: the PTAB does not need to be dismantled—but it does need disciplined recalibration if it is to deliver fairness, predictability, and legitimacy going forward.
Recorded January 31, mentions Squires, Kiley, Holcomb and Holte
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