Washington – The Computer & Communications Industry Association said the U.S. Patent and Trademark Office should not leave an invalid patent in force, even if the challenger is to be sanctioned, and recommended that any sanctions should focus on the party, not on the proceeding. Today’s filing comes in response to a request by the PTO for amicus briefs regarding when the Patent Trial and Appeal Board (PTAB) should impose sanctions and what sanctions would be appropriate.
CCIA has advocated for balanced patent policy that allows next generation innovation for 50 years.
The following can be attributed to CCIA patent counsel Josh Landau:
“When a patent isn’t valid, the PTO shouldn’t leave it in force to be abused by non-practicing entities in order to extract money from companies that actually make things. By sanctioning parties but continuing to evaluate the validity of a challenged patent the PTO can both ensure invalid patents do not remain in force and disincentivize abusive actions.”