Alice-Mayo is the root cause of PTAB problems – it explains 97% patent invalidation rates
Adam Mossof January 8, 2020 GMU Law Prof, Visiting Intellectual Property Fellow Heritage Foundation, and a Senior Fellow at the Hudson Institute LEGAL MEMORANDUM No. 257 | EDWIN MEESE III CENTER FOR LEGAL & JUDICIAL STUDIES Congress Should Reform Patent Eligibility Doctrine to Preserve the U.S. Innovation Economy https://www.heritage.org/sites/default/files/2020-01/LM257.pdf (ermo/sms, Acc:7-5-2024) [MSDI-JE-wk1]
With this massive increase in court decisions applying patent eligibility doctrine, there are extremely high rates of invalidations of patents under the Alice-Mayo framework. As of June 2019, the overall invalidation rate in court decisions is 62 percent.22 In the appeals courts, the invalidation rate is even higher. The Court of Appeals for the Federal Circuit, the federal appeals court created in 1982 that hears all appeals of trial court decisions in patent cases, is invalidating patents under the Alice-Mayo framework in 86 percent of its decisions. At the PTAB, where administrative patent judges review business process inventions (known in patent parlance as business method patents), they have applied the Alice-Mayo framework in invalidating patents an astounding 97.8 percent in its final decisions.23