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PTAB Turbulence: It's a Good Time to be a Patent Owner

182 views Sep 8, 2025 IPWATCHDOG, INC.
In this week’s IPWatchdog Unleashed podcast, we dive into the intricacies of patent enforcement with Scott McKeown, a partner with Wolf Greenfield and author of PatentsPostGrant.com. McKeown, who has a reputation as one of America’s top practitioners at the Patent Trial and Appeal Board (PTAB), shares insights into the continually evolving landscape of patents, patent litigation, PTAB challenges and regulatory and administrative upheaval at the United States Patent and Trademark Office (USPTO). We discuss the increase in discretionary denials under the Trump Administration, the fact that across all aspects of government it seems we are governing by memorandum, how what we are seeing at the USPTO now is a snap back from the past several years but won't last forever, the demise of the patent examiners union, and more.

At the end McKeown tells us "?if you're asserting patents, it's a great time" because "the PTAB has been, been beaten down." He also wryly concludes that alleged infringers should probably "?invest in some hotels in Texas and because it's going to be the Wild West down there for a couple years."