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U.S. Patent and Trademark Office: Assessment of the Covered Business Method Patent Review Program

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Report Type Reports and Testimonies
Report Date March 12, 2018
Release Date March 13, 2018
Report No. GAO-18-320
Summary:

Entities facing lawsuits for infringing a certain type of patent (e.g., for online shopping) can challenge the validity of that patent through a U.S. Patent and Trademark Office program for a fraction of the time and money that would be spent in federal courts.

Under the program, the Patent Trial and Appeal Board decides whether these patents are valid. We recommended that the Patent Office develop guidance for reviewing these decisions to ensure consistency.

The program is set to expire in September 2020—but stakeholders say that it has reduced lawsuits, and that aspects of the program should be included in other Patent Office programs.

 

Photo of the US Patent and Trademark Office.

Photo of the US Patent and Trademark Office.

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