The America Invents Act (AIA) of 2011 significantly overhauled the U.S. patent system and, among other changes, introduced several new petition mechanisms for challenging patents through the U.S. Patent and Trademark Office (USPTO). Although these petitions carry the risk of estoppel, they can be an attractive option as they are significantly cheaper than traditional court proceedings.
On April 2, the USPTO released new statistics regarding the petitions the Patent Trial and Appeal Board (PTAB) has received under the AIA since its implementation on Sept. 16, 2012. These statistics show an overall growth in petitions, and that most result in a trial before the PTAB.
