Resources On the PTAB’s Unconstitutional Administrative Overreach

The Supreme Court is set to hear oral argument in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, an important appeal challenging the constitutionality of the Patent Trial and Appeal Board (PTAB) within the U.S. Patent and Trademark Office. Though not a court, the PTAB hears challenges to the validity of patents that have already been granted. The issue on appeal to the Supreme Court is whether this violates the constitutional rights of patent owners. Though only five years old, the PTAB has already proven itself to be a major threat to the innovation economy.

The following resources analyze various aspects of the Oil States case and the problems with the PTAB. We will continue adding items to this list, so please check back regularly.

Adam Mossoff, Patent Unfairness (RealClearPolitics, Sept. 7, 2017)

James Edwards, A Patents as Property Rights History Lesson (IPWatchdog, Sept. 7, 2017)

Phil Johnson, A Look Back at the Legislative Origin of IPRs (IPWatchdog, Sept. 20, 2017)

Steve Brachmann, Judge Paul Michel Presents Supplemental Testimony on PTAB Reforms to the House IP Subcommittee (IPWatchdog, Sept. 19, 2017)

Adam Mossoff et al., Crippling the Innovation Economy: Regulatory Overreach at the Patent Office (Federalist Society Regulatory Transparency Project, Aug. 14, 2017)

Adam Mossoff et al., Brief of 27 Law Professors as Amici Curiae in Support of Petitioner (U.S., Aug. 31, 2017)

Chris Coons et al., STRONGER Patents Act of 2017, S. 1390, 115th Cong. (2017)

Adam Mossoff, 50 Shades of Property… Or at Least 3: Intellectual Property (2017 Conservative Political Action Conference, Feb. 24, 2017)

Ilya Shapiro et al., Brief of the Cato Institute and American Conservative Union Foundation as Amici Curiae Supporting Petitioner (U.S., Aug. 31, 2017)

Gene Quinn, The Only Solution for the Transgressions of the PTAB Is to Disband this Runaway Tribunal (IPWatchdog, Sept. 11, 2017)

Ashley Keller, The PTAB’s Dramatic Effect on Patent Value and Corresponding Disincentives to Capital Allocation (IPWatchdog, Sept. 15, 2017)

Josh Malone, $17 Million: The Real and Staggering Cost to Patent in the US in the PTAB Age (IPWatchdog, July 16, 2017)