Changes to IP law on patents adds to court clog

The past several years have seen significant changes for intellectual property law in the United States. The most important change has been the implementation of IPR petitions to challenge the validity of issued patents. While it does not appear that IPR petitions have supplanted traditional patent litigation in district courts, these petitions appear to be filed concurrently with a large number of traditional litigations. The Patent Office and courts have been busy refining the IPR process with rule-making and opinions. Although initially the IPR process appeared favourable only to patent challengers, the current statistics show more patent claims surviving the process. However, the Supreme Court may radically alter the IPR process in two cases currently pending before it.