Patent Pandemonium: USPTO’s “Era of No” vs. Public Pushback in 2025
Bad patents must be challengeable, but in 2025, Congress and the USPTO seemed determined to test this principle. With bills like PERA and PREVAIL and sweeping rule changes, bad patents risked becoming untouchable. Thankfully, EFF and its supporters fought back, showing the power of united voices against patent trolls and bureaucracy.
Hot Take:
In 2025, patent trolls went on a rampage, Congress tried to play Frankenstein with patent law, and the USPTO decided to throw a party where everyone says “No!” The EFF, however, became the superhero we didn’t know we needed, stopping bad patents dead in their tracks. Who knew patent law could be so thrilling?
Key Points:
- PERA and PREVAIL, two bills, aimed to weaken patent challenges and revive abstract software and gene patents.
- USPTO proposed changes to make challenging bad patents nearly impossible, effectively creating an “era of no.”
- The EFF rallied public support, leading to a significant pushback against these legislative and procedural changes.
- USPTO’s proposed rule changes could make bad patents untouchable and increase litigation costs.
- Public and stakeholder comments overwhelmingly opposed USPTO’s proposed changes, showcasing the power of collective action.
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