[lostinpoetics]

Cost. Cost is the biggest issue with post-grant proceedings. I don't know how many times I've seen people that have air-tight cases but they, understandably, won't, or can't, pay hundreds of thousands of dollars (filing fees and attorney's fees) to pull the trigger. The cost for these things is truly astronomical compared to quite literally every other aspect of the patent office. Even more astounding is that there is no reduction in fees for entity size (like almost every other fee). So a solo inventor and a Fortune 500 company pay exactly the same amount in filing fees, which is absurd and makes zero sense (even the older, reexamination route has fees based on entity size. e.g., large companies pay 12k, while "micro entities" pay 3k). I'm hoping, but not holding my breath, that eventually the fee structure will change; but given the popularity of post-grant proceedings, I can't imagine the PTO pulling the plug on a solid money maker for them. Here's a quick scatter plot of fees for micro entities, try and guess which are post-grant filing fees: http://i.imgur.com/F1Q2E1l.png

[rhino369]

The attorney's fees aren't the PTO's fault, that is just what good talent costs.

The fees are large but an post grant proceeding isn't just a patent reexam. It's a mini-trial. There is a lot of manhours required on the USPTOs side of things.

[Taek]

In an ideal world, the patent system and the legal system in general would be substantially simpler, and premium talent wouldn't be required. For really clear cut cases you wouldn't need an attorney at all.

Same thing with the mini-trial. In an ideal world the system would be a lot more efficient and cheaper for everybody.