New PTAB Chief Pledges ‘Fair Shake’ For All

Ms. Jenkins asked new Patent Trial and Appeal Board Chief Judge Scott Boalick about the overall fairness of the PTAB process for small companies and sole inventors. Chief Judge Boalick responded that the PTAB’s goal is to ensure that it is “a place where decisions are predictable and transparent” and “even losing parties feel that they have received a fair shake.” Other PPAC members commented that some observers believe that the PTAB tends to be more favorable to large companies, which shapes how its decisions are viewed.

In response to this, Ms. Jenkins further noted that there was a perception that the PTAB was not “fair” to individual inventors and small companies and questioned if there were procedures that the office is trying to put in place to make it a level playing field for everyone. Chie Judge Boalick responded that “in every one of our cases somebody doesn’t prevail, and even if you don’t prevail, I want you to feel you’ve gotten fair shake at the PTAB” and “that there’s nothing structural going on that has biased the proceeding towards one side or the other.”

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