What Happened

2021 was a year of significant change in patent law. The Supreme Court decided several important cases, the PTAB continued to evolve, and venue battles intensified. The big themes: patent eligibility remained uncertain, the PTAB's constitutionality was challenged, and forum shopping reached new heights.

Why It Matters

The Supreme Court's Arthrex decision found that PTAB judges were unconstitutionally appointed. The fix? Make them subject to review by the USPTO Director. This added a new layer of oversight to PTAB proceedings and changed how parties approach appeals.

Venue became the hottest topic in patent litigation. The Western District of Texas—particularly Judge Albright's Waco division—saw an explosion of filings. Patent plaintiffs loved Waco's fast track to trial and predictable procedures. Defendants fought back with mandamus petitions to the Federal Circuit, arguing Waco wasn't the right venue for cases with no real connection to Texas.

On eligibility, the Alice framework continued to create uncertainty. Software and business method patents faced challenges, though some survived by emphasizing technical improvements. Congress talked about reforming Section 101 but didn't pass anything.

What You Should Know

For 2022, expect continued venue battles, ongoing eligibility uncertainty, and a maturing PTAB system under Director review. The practical advice: choose venue carefully, consider PTAB challenges early, and draft patents with eligibility in mind.

The patent landscape keeps evolving. Staying informed isn't optional—it's essential.