2016 Patent Outlook: Don’t Believe the Hype

Despite opinions to the contrary, the Patent Trial and Appeal Board is not a “death squad” cancelling, by one report, nearly 80 percent of patent claims for which trial was instituted. Nor is it, by the PTO’s stats, killing just 12 percent of all the claims it COULD kill if every, single claim was challenged. 

But we do know what’s trending, according to Bloomberg BNA’s 2016 Patent Outlook. 

The PTAB is denying petitions at a significantly higher rate than when the first America Invents Act-enabled proceedings started in 2012. 

And petitioners are settling more often, particularly before the board makes its first-stage trial-institution decision, suggesting they’re less confident of eventual success. 



Meanwhile, Kyle Bass and other hedge fund managers are still playing the short-sell game.  And the PTAB is set to make its first “post-grant review” decisions on recently issued patents not yet in litigation sometime in late spring. 

After three years of watching the PTAB handle AIA-enabled cases, stakeholders might be expecting fewer surprises in 2016. 

Our prediction?  More surprises are in store.  

Click here to download the complete Daily Report for Executives 2016 Outlook on IP, Privacy and Tech & Telecom.