Advantages of USPTO PTAB proceedings
When compared to European patent oppositions, PTAB methods look great because they employ a number of legal protections lacking in the European system.
Patents
Obvious? Why did it take so long?
How can an idea be rejected as obvious based on old underlying citations? The Leo Pharmaceuticals case suggests new ways to overcome obviousness rejections.
In re Gorman is obsolete case law
The USPTO can combine an absurdly large number of citations in obviousness rejections. The reasoning for this is based on a now obsolete court decision.
Track 1 Prioritized Examination
The fast (<1 year) USPTO Track 1 prioritized exam costs $2070 extra. It must be elected on initial filing, and all paperwork must be in order at that time.
First (inventor) to file
The US is now on the AIA first (inventor) to file system. Inventors must now “race to the patent office”. Consider filing multiple provisional patents.
