The patent office is about to make bad patents untouchable (eff.org)

Article summary

The US Patent and Trademark Office (USPTO) has proposed new rules that would limit the public's ability to challenge improperly granted patents. The rules would make it difficult for people to use inter partes review (IPR), a process that allows the public to challenge patents at the USPTO. This change could benefit patent trolls, who often use questionable patents to sue companies and individuals. The Electronic Frontier Foundation (EFF) is urging people to submit comments opposing the proposed rules.

Main themes

• Patent Reform
• Intellectual Property
• Patent Trolls
• USPTO Regulations
• Innovation and Technology

What commenters say

• The proposed rules would make it nearly impossible for the public to challenge bad patents, harming innovation and everyday technology users.
• Patent trolls are the primary beneficiaries of the proposed rules, as they would be able to keep their patents alive and continue suing companies and individuals.
• The USPTO's proposed rules are a result of regulatory capture by patent trolls and their allies, who have been trying to undermine the IPR process for years.
• Increasing the USPTO's budget and expertise could help address the issue of poorly granted patents, rather than limiting the public's ability to challenge them.
• Some argue that the IPR process is being abused by defendants who use it as a delaying tactic, while others see it as a necessary tool for challenging invalid patents.
• The proposed rules would disproportionately harm small companies and individuals, who would be unable to afford the costs of challenging patents in court.
• The USPTO's decision to propose these rules may be motivated by a desire to reduce the number of patent reviews they have to process, rather than a genuine attempt to improve the patent system.