The Patent Trial and Appeal Board (PTAB) has adjusted the way it calculates how many patents are subject to repeated scrutiny, releasing data that says over half of challenges are “one of multiple petitions” filed against the same patent. The methodology divides multiple petition data into two categories: solo petitions and “one of multiple petitions,” a shift from previous years.
In a recent article on the subject, Law360 referenced a LinkedIn post from Bracewell’s Kit Crumbley, which pointed out that the newest calculations use the petitions as the base measurement for the phenomenon, rather than the patents.
“For a patent owner, the fundamental question is: ‘If my patent gets challenged at PTAB, what are the odds I’ll face multiple proceedings?’ That’s inherently a question about patents, not petitions,” Crumbly said in his post on the PTAB’s new data.
