Office with evidence invalidating
According to Cooley’s PTAB Digest database, which contains information about every review ever filed, the USPTO has invalidated some or all challenged patent claims in 86% of cases.
In each of these “post-grant” proceedings, a board of administrative patent judges determines whether or not the claims of the patent are valid based on prior art, evidence, and arguments presented by both the patent owner and the challenger.The patent owner and the challenger can even conduct limited discovery and argue before the board of administrative patent judges.What’s more, the board will issue its decision 18-24 months after a petition is filed — which is significantly faster than previous processes at the USPTO.At first glance, preissuance submissions and protests may appear to be a good option.After all, if you can prevent issuance of a patent, then why not.Under the America Invents Act, the public can submit evidence to the Patent Office in an attempt to prevent issuance of a patent.
Under the basic structure of the regulations, if the patent application is not published or accessible to the public, then a protest or a preissuance submission may be filed with the examiner.
Implicitly, it acknowledged the patentability of software and the enforceability of software patents.
The i4i patent claimed an improved method for editing computer documents.
To rebut the presumption during litigation, you must bring new evidence which shows the patent is invalid under a clear and convincing evidentiary standard. To take advantage of the preissuance submissions or protests, the recommendation would be to to submit your best evidence with the expectation that its effect would be greatly diminished during litigation.
The courts will give your best evidence very little evidentiary weight during litigation since the courts will give deference to the Patent Office in granting the patent over your evidence.
The method involves storing a document’s content separately from its metacodes.