USPTO’s Patent Blunder: Encouraging Trolls, Hindering Innovation
The USPTO’s recent memo further restricts access to inter partes review, sparking outrage. By reinstating the Apple v. Fintiv rule, discretionary denials will block many patent challenges. This move empowers patent trolls and undermines Congress’s intent to protect the public. If unchecked, bad patents will become the ultimate weapon of mass litigation.
Hot Take:
The USPTO seems to have found a new hobby, and it’s called “Messing with IPR.” Instead of being the hero we need to fight off patent trolls, they’ve decided to throw a party for them. Who knew the USPTO was such a fan of bad patents? If this keeps up, we might as well just rename them the United States Protectors of Terrible Objections!
Key Points:
- The USPTO has limited access to inter partes review (IPR), a critical tool for challenging bad patents.
- Discretionary denials allow the USPTO to reject IPR cases based on procedural reasons, even if a patent is likely invalid.
- This decision benefits patent trolls, allowing them to exploit weak patents and file lawsuits easily.
- Congress intended IPR to protect the public from invalid patents, not just serve patent owners.
- There’s a call for Congress to step in if the USPTO doesn’t revoke the recent memo restricting IPR access.
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