""[Grantham's] post deliberately ignores the critical point that the GAO reports' equating the numerically high invalidation at the PTAB with the numerical invalidity rate underlying issued patents the fallacy that my article explains." This is a response to Robert Grantham's recent post titled " Patents Subjected to IPRs are the Perfect Vehicle to Assess the USPTO's Patent Quality Problem." This post claims to challenge my recent article titled " Fallacy Dispelled: Invalidation Rates of Adjudicated Patents Convey Nothing About Quality of All Issued Patents." However"
"The post acknowledges my request but asserts that "Katznelson contends there is no relationship between PTAB patent invalidation and overall examination quality." That statement is a plain falsehood. By deliberately omitting the critical term "rates," the post assertion above mischaracterizes my article as if it made a categorical statement rather than a specific contention limited to the numerical comparison of"
"Contrary to the post's assertion, my article never denied that "invalidation" at the PTAB is reflective of examination quality- it reflects the poor examination quality of about half the patents for adjudication at the PTAB. However, the post deliberately ignores my critical point that the GAO reports' equating the numerically high invalidation rate at the PTAB with the numerical invalidity rate underlying issued patents the fallacy that my article ex"
The GAO equates high PTAB invalidation percentages with high invalidity across all issued patents, creating a misleading numerical comparison. The PTAB invalidation rate reflects the quality of patents adjudicated there, not the overall examination quality of all issued patents. Omitting the qualifier "rates" leads to a categorical mischaracterization of numerical comparisons. PTAB invalidation indicates poor examination quality for roughly half of patents subjected to adjudication but does not imply identical invalidity rates among all granted patents. Correcting GAO reports requires clarifying that adjudicated-patent invalidation rates are not direct proxies for issued-patent invalidity rates.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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