By Matt Johnson

On June 16, Senators Leahy, Cornyn, and Tillis introduced the PTAB Reform Act of 2022.  The full text of the bill is available here.  And a section-by-section recap is accessible here.

Senator Leahy said:  “I’m proud to continue the work of ensuring that our patent system reinforces high-quality patents while protecting startups, small businesses, and American manufacturers from patents that do not represent true innovation.  I have enjoyed working with Senators Cornyn and Tillis to achieve that balance.  This bill represents the Senate at its best – different sides coming together to achieve a thoughtful compromise that is greater than what either side could achieve alone.  I look forward to finding a path to passing this important bill to strengthen our patent system and promote American innovation.”

Senator Cornyn said: “The patent system must protect the innovations of America’s small businesses and manufacturers while not chilling groundbreaking research or stifling lifesaving drugs from coming to market. This legislation is the product of hard, bipartisan work to achieve the right balance, and I’m grateful to Senators Leahy and Tillis for joining me in supporting a patent system that works for all.”

Senator Tillis said: “Our patent system and innovation, which must go hand in hand, are crucial to the United States’ economic growth, prosperity, and global dominance. We must have strong intellectual property rights which promote true innovation in order to continue our global and economic leadership. PTAB plays a crucial role in ensuring true innovation. However, prior to the Trump Administration, the PTAB was a forum for gamesmanship by big tech and they actively weaponized it as a way to bankrupt competitors, small businesses, and independent inventors. The Trump Administration’s reforms ended this abuse. This bill, which is a carefully crafted compromise requiring sacrifices from both sides of the issues, permanently ends through the use of legislation some of these practices – all while preserving the vital role of the PTAB in furthering innovation and U.S. economic growth, prosperity, and global dominance. I’m proud to work with my good friends Senators Leahy and Cornyn on this issue and I look forward to turning this common-sense bill into law.”

More thorough analysis is to come.

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Matt Johnson is one of the Firm's primary contacts on practice before the PTAB. Currently co-chairing the Firm's PTAB subpractice and involved in proceedings at the Board since the first day of their availability in September 2012, Matt regularly represents clients as both petitioners and patent owners at the Board. He further works as an advocate for clients in appeals from Board proceedings at the Federal Circuit.