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Home / Business / Industry response to the decision of the Supreme Court in oil states against Green Energy – IPWatchdog.com

Industry response to the decision of the Supreme Court in oil states against Green Energy – IPWatchdog.com



Today, the United States Supreme Court has issued its ruling in the oil states against Green Energy, stating that the inter partes review is constitutional under both Article III and the Seventh Amendment to the Constitution. In a 7-2 ruling, the court found that patents are a state franchise that is subject to review by the Patent Office and can be revoked at any time. For my analysis, see SCOTUS: Patents are a government franchise, not a property right.

We have already published several articles on this very important decision, including immediate reactions from Todd Dickinson, former director of the United States Patent and Trademark Office, and Russ Slifer, former Deputy Director of the United States Patent and Trademark Office. Both men signaled the importance of the initiative of Director Iancu as this debate continues.

"I would expect PTO director Iancu's recently announced intention to review and likely change PTAB processes … where the focus of the debate shifts even more

While the decisions are largely as he explained, "the existence of these two cases highlights the crucial importance of the recent statements made by Director Iancu to which the USPTO must make changes, such as the PTAB conducts and establishes subsequent reviews," said Slifer.

To a variety We will have open comments on this immediate reaction by the early evening and we will have much more to write in the coming days and weeks, nonetheless, the response to the decision of the Supreme Court of Oilseeds will be followed by a respected panel of oilseeds Industry experts.

Referee Paul Mic hel
Supreme Judge, US Court of Appeals for the Federal Circuit (rt.)

In oil states, the court disrupts the patent as "public franchises." That may be the case, the licenses issued by the FCC can easily be broadcast because the radio waves belong to the public, but not to Edison's inventions, even after the PTO has granted him patents. The statute, which appears to treat the Court whenever it protects the patent holder, states that "patents must have the characteristics of personal property". For my eyes, franchises are fundamentally different because they are rights that do not own property. [19659003] However, one caveat was the reservation that patents are still protected by the "Due Process and Taking" clauses of the Fifth Amendment. I see that support for future cases before the Supreme Court is currently supporting patentees.

Bob Stoll
Partner, drunkard Biddle and former Patent Commissioner for the USPTO

In a totally surprising stance, at least for me, the Supreme Court has today stated with 7-2 that IPR This does not violate the Constitution and the IPR is a permissible review of patents. Justice Thomas, who writes for the majority, says that IPR is simply a reassessment of the patent grant and that the Congress empowered the PTO to carry out this review.

I welcome the result, because otherwise the US patent system would be devastating with the possible resurrection of zombie patents that have already been voided. The reverse would also raise parallel issues with other non-Article III courts, which jeopardize the property of the judiciary and continue to unsettle the legal ecosystem. But the logic used by the majority seems to be a little tormented in the public law debate, and IPR is merely a permissible re-examination of the original grant.

Now is the time for director Iancu to provide revised rules in all post-grant processes and to help improve the patent system.

Sharon Israel
Partner, Shook, Hardy & Bacon, LLP

Today, the Supreme Court added inter partes review procedures to both security and uncertainty. In Oil States the court ruled on the overriding question that IPR procedures do not violate Article III or the Seventh Amendment. The decision leaves room for further constitutional challenges. For retroactive application to patents granted before the AIA, procedural issues and other possible constitutional challenges. However, the Court clarified that the overall procedure for administrative proceedings established by the Congress under the America Invents Act remains alive.

 Efrat Kasznik Efrat Kasznik
President, Foresight Valuation Group

This case makes the power of Congress clear to give the USPTO a broad after-show authority. In other words, the status quo remains. From a patent assessment perspective, IPRs have already affected the value of patents because of the uncertainty inherent in these procedures. This decision strengthens the constitutionality of IPR procedures and may further complicate the procedures by which patentees monetize their assets and include oil states in the list of cases such as Alice and Mayo which increase market uncertainty regarding the patentability of innovative inventions [19659003] While the decision of the Supreme Court for the oil states was largely expected from the IP community, it should be reviewed in conjunction with Andrei Iancu's recent public statements, which may well be the more interesting development this week. Director Iancu's statement that "man-made algorithms invented out of human ingenuity differ from discoveries and mathematical representations of these discoveries" could signal an effort by the director to push for changes in validity considerations algorithms, which can be distinguished from mathematical representations of discoveries. This statement may signal the emergence of a market for patents that use algorithms, a market that is currently behind NDAs and the protection of trade secrets.

Stephen Kunin
Affiliate, Oblon, McClelland, Maier & Neustadt, LLP

I am not surprised by the 7-2 Supreme Court's decision to uphold the constitutionality of the AIA Administrative Tribunal even within the Authority of the USPTO to correct patents it had issued. Many forecasters had predicted such a result, and some were even so brave to predict that it would be a 9-0 decision. The USPTO 's long history of patent correction mechanisms that have survived the challenge, including interference, has given the losing party a patent that has been revoked, as well as ex – party and inter – parte review procedures leading to the issue of review certificates Court of Justice to exempt Congress from enacting patent laws to allow the USPTO to reassess its decision to grant patents on the basis of information not yet considered by the Office

The seventh constitutional amendment and the patents private rights v. Public law arguments have not prevailed. If such arguments prevail, I wonder what the fate of ITC Section 337 investigation would have been, even if it is a remind process in which the ITC can invalidate the granted patents in a lawsuit. Perhaps there is a distinction, because the complainant is the patentee looking for the institution of the ITC investigation.

Raymond Van Dyke
Intellectual Property Attorney

In a close but still formidable decision, Oil States Energy Services voted against the Greene's Energy Group, the US Supreme Court today Patents and challenges as more staked an audience, as opposed to a private law. Judge Thomas wrote the opinion of the court that, according to the "Doctrine of Public Rights", there is a great deal of room for maneuvering "public rights" through non-Article III arbitrators, such as B. political appointees to judge. The Court ruled that Article III federal judges are not needed in the patent applications of Inter Partes Review in the USPTO, where a private challenger can request the repeal of a patent under the auspices of the USPTO, where the "judges" are subject to the director and other political commissioners who "decide" patent law. This particular point became clear when former director Michele Lee tried to revoke Patent Office decisions that she did not like by appointing more judges to distort the outcome.

Justice Thomas wanted to limit the Court's conclusion today to the constitutionality of IPR procedures, and not extend this view to other contexts of patents, leaving the term "private property" open for some patent rights. In his opposition, Justice Gorsuch clearly denied the views of the majority and the holding company, believing that they waived "constitutional procedures" for expediency and "withdrawal" of constitutional guarantees for citizens. In fact, the majority seemed to interpret the jurisprudence and historical context quite differently than Justice Gorsuch.

From a practical point of view, the judges as a whole may have been abhorred to invalidate intellectual property rights and the thousands of decisions the administrative state should now include intellectual property rights and forfeit the private rights of the parties. With only two judges looking at patents as private instruments, Gorsuch and Roberts, this does not bode well for the future. Congress must act to remedy this. Given the treacherous influence of tech lobbyists on all means to stop private innovation and future technological challenges, it is doubtful that Congress will take a step forward. In due course, when the next challenge intervenes in patent rights, we will again be faced with a majority of the judicial patents that have a different administrative right than the specific instruments they are for the private citizen of society as a whole, as our founders intended , through a short-term incentive to innovation. Liberal IPR procedures, which have invalidated many valuable patents in recent years, have significantly undermined the importance and value of patents, the consequences of which are felt by entrepreneurs, inventors and investors for future technologies. As the value of patents decreases and today's decision continues to decline, innovation in America suffers, the next cure for disease is compromised, the next valuable app is thwarted and the American spirit of invention suppressed. All this because a majority of our judges consider the patent system as something that does not deserve constitutional protection, which is in direct conflict with history and politics.

Brian P. O "Shaughnessy
Affiliate, Dinsmore & Shohl

In accordance with his recent history of Eroding patent rights, the Supreme Court has ruled that IPRs are in the constitutional sphere of Congress. The Court focused on the publicity argument and concluded that "patents confer only one form of ownership – a public suffrage." Therefore, the law is properly delimited by the law. The majority held, and the contested disagreement (Gorsuch, Roberts) claimed that the revocation of the right as public law was not only suitable for a court under Art. 3, but could also be transferred by law to the legislative or executive branch

In a somewhat encouraging twist, the Court emphasized the confinement of its holding. It limited itself to IPRs, took note of the Federal Circuit Review's protections, and warned that its "decision should not be misconstrued as patents are not the property of the Due Process Clause or the Takings Clause." Senator Coons and Cotton and representatives Stiers and Foster, who have introduced the STRONGER Patent Law in their respective homes. Careful scrutiny of this legislation will provide a dignified and much-needed dialogue on the nature and extent of these safeguards and whether they are balanced to maximize innovation and public benefits. Intellectual property rights have proved detrimental to deserving inventors and have reduced public confidence in our patent system. The conditions under which they are carried out are overly arbitrary and lead to unpredictable results, which often do not match those of the courts under Article III. If IPRs are to survive, Congress must act to support them and ensure that they provide all the constitutional safeguards that demand oil states .

John O & Quinn
IP Affiliate, Kirkland & Ellis

Thomas's opinion for the majority focuses specifically on the public aspect of patent law and that IPRs merely involve a "review of the government's decision to grant a public suffrage". Although it is perhaps surprising that he and Justice Gorsuch disagree so directly, Justice Thomas is ready to set up an executive agency to resolve a dispute that could otherwise be decided otherwise. A court is in line with the views that have been raised he in Wellness Int # Network, Ltd. v. Sharif, 135 pp. Ct. 1932 (2015) (Thomas, J., deviating).

Suzannah Sundby
Managing Partner, Canady + Lortz, LLP

Because Patent Challenger and Courts After Mayo Myriad and Alice and found almost everything under the sun to be non-patentable subject matter, it is somewhat encouraging to see that the Supreme Court took the time to limit the narrowness of its involvement to the constitutionality of the inter partes review by non-patent Article III forums. In this respect, Oil States does not affect the constitutionality of non-Article III forums that explicitly set out other patent matters such as infringement procedures, the constitutionality of the retroactive application of inter partes reviews or other issues

Charles R. Macedo
Amster Rothstein & Ebenstein LLP

In Oil States the seven-member majority of the Supreme Court upheld (at least for the time being) the constitutionality of inter Das Gericht reaffirmed that the Trial and Appeals Board – a judicial body within the PTO established to conduct inter partes reviews – has the power to review the validity of a patent previously issued by the PTO. The Court noted that "Inter partes review falls directly within the public right doctrine" as "merely a review of this grant and Congress has legitimately reserved the power of the PTO to carry out this review." Doing so without violating Article III. "The Court's emphasis on the" tightness of our operation "leaves the door open to addressing other constitutional challenges that are not public law. distinguish private right. At least until today Oil States leaves intact inter-partes reviews and other post-issuance procedures before the USPTO.

Robert Greenspoon
Founding member, Flachsbart & Greespoon

The decision is based on an unfortunate mistake that was used to distinguish the earlier holdings of the 19th century courtyard. It states that the Patent Law of 1870 "did not contain provisions for post-issuance administrative review". It's hard to understand that belief. The law of 1870 in § 53 allowed the proceedings to be "reinterpreted" by express conditions, and the statutory provisions (§§ 41, 46) allowed the deletion of the original claims. Against this legal background, the McCormick Court prohibited the deletion of original patent claims for constitutional reasons.

Josh Malone
Principal at Tinnus Enterprises and Inventor of Bunch O Balloons

Over the past year, I have been aggressively advocating the restoration of our American patent system. I have funded events, protests, travel, and amicus efforts worth tens of thousands of dollars for US inventors. I have made dozens of trips to Washington DC and the USPTO to promote inventors. I have made extensive research on the laws and individual cases. I've been looking for court records to identify and organize dozens of inventors who have been abused by companies taking over the patent system. I sacrificed my time, my family and my finances. Others have certainly given more – Paul Morinville, Randy Landreneau, Adrian Pelkus and others have given more for more. For months, I've been forcing my colleagues to fight until the Supreme Court has solved the problem. Now it's done. Patents are like toll bridges. If you have millions of dollars, you can have one. The fight is over. The big corporations, the lawyers, the bureaucrats got what they wanted.

Americans do not understand where innovation comes from. They do not understand our story. Even judges Alito and Thomas do not understand that. It's done – we do not need patent rights in America. Google, Apple and Elon Musk will take care of us.

My advice to aspiring inventors? The US patent system is not for you. You can not afford it. It will not help you. If you can encrypt your invention, then go for it. If your invention is hardware, then patent it in China. Keep your job and join in the movement of the maker in your free time. Do not sign up for multi-level marketing scams and do not apply for a US patent.

Kristen Osenga
Professor of Law at the Law Faculty of Richmond University

Although I am disappointed with the judgment of the Supreme Court in the case of the oil states, I am not particularly surprised. The majority opinion and the many others who encourage the constitutionality of the inter partes review, draw on the banal horror story of "bad patents", without taking into account the real impact on innovation. To the extent that "bad patents" exist, and by that I mean patents that should not have been granted, the creation of a monstrous bureaucracy to attack those patents seems to be the true horror story. If we have so many "bad patents" and to see the PTAB's patent invalidation record, we have to have a lot of them … would not it be better to fix the solution at the front end a patent is granted? By creating a back-end administrative process to remedy errors caused by a separate administrative process at the front end, Congress has created additional uncertainty for businesses and investors, as well as harassing inventors and innovators, rather than hindering innovation "bad patent".

Although I'm disappointed with the outcome of the oil states, I still think there could be a happy ending to that story. In response to the recent statements made by Director Iancu, in which he repeatedly pointed out that turning the narrative into innovation-promoting and pro-intellectual property and increasing the reliability of a patent grant, I hope that he will take advantage of the opportunity that the oil states offer patent system As we look at the initial review process, we do not have to start so many "bad patents" and back the zeal with which the PTAB has approached the inter-partes review system, and return more value and security in property ownership patents.

Marshall Schmitt
IP Affiliate, Michael Best

The decision, its justification and the direction of the judges are not surprising precedent given the questions asked and the questions to be asked. The PTAB bar will breathe deeply, though only a few have held their breath as the case unfolds.

Matthew Kregger
Partner, Morrison Foerster

The PTAB is still in business. By upholding the constitutionality of inter partes review the Court has left intact this powerful instrument with which patents can be challenged. The court rejected the argument that patent litigations would have to be decided by a federal court. Instead, the Court has ruled that these disputes can be heard by patent attorneys in charge of the Patent Office.

PTAB challenges have become a crucial component of patent litigation. Often the case is postponed after filing a patent infringement claim while solving a PTAB challenge. This has resulted in a more cost-effective way for those accused of infringing a patent in order to win the case or to seek an early settlement. With the rejection of the constitutional claim in Oil States the Supreme Court has kept open this important option for accused violators.

Tahir Amin
Co-founder and Managing Director, Initiative for Medicines, Access and Knowledge

The Supreme Court ruling is a victory to ensure that the American patent system is responsible and responsible It puts sensible inventions in the hands of consumers, patients and families.

When it comes to deciding which patents are deserved and which are not, the Patent Trial and Appeal Board plays a crucial quality control role. Following the Court's ruling, we are on the right track to remove undeserved patents that drive up drug prices and discourage too many people from getting the treatment they need. The healthy competition in our market has won today.

Clint Conner
Affiliate, Dorsey & Whitney

Patent litigation companies can rest assured that they are not just a punching bag; they can fight back. The Court of Justice's 7-2 ruling is a clear endorsement of inter partes review procedures, which are widespread and have proven effective in eradicating weak patents. The ruling of the court will prevent patentees from arbitrarily enforcing patent enforcement. Patent owners would be well advised to conduct a serious analysis of the validity of their patents with respect to the state of the art before taking enforcement action. Companies exposed to a seemingly endless stream of patent infringement lawsuits should be encouraged by the court's ruling as it strengthens the leverage that inter partes review proceedings can provide to alleged infringers.

Eric Buresh
Erise IP

While Oil States has closely monitored whether IPR proceedings can be completely abolished, the Supreme Court's ruling on the constitutionality of IPR procedures is ultimately one Non-event The status quo. If it had been the other way around, the decision of the oil states would have had an existential impact on IPR procedures. As decided, the oil states prior to the PTAB should not have a significant impact on practice

However, the decision of the SAS Institute of the Supreme Court will have a variety of implications for both practice and strategy before the PTAB. First, we would expect both the patentees and the petitioners to seek to modify the recent decisions of the institution by the PTAB to take account of the new Supreme Court guidelines requiring the PTAB to contest IPR procedures to all Claims a claim challenged. From a practical point of view it will be interesting to see how the PTAB adapts its practices to SAS. One possibility is that the PTAB addresses only one (or more) claims in institution decisions. This would in many cases reduce the workload of the PTAB, but it would also not give guidance to the parties as to how the PTAB initially views the remainder of the offending claims that need not now be addressed in the institution.

From a strategic point of view Petitioners will have to be more careful about what claims are challenged in an IPR. According to SAS, even assertions that may have had weak prior art assessments are now subject to the institution if other claims are subject to art that exceeds the threshold of the institution. In the long term, this leads to the fact that these weaker preliminary clarifications according to the state of the art will now be continued by a final written decision which has an estoppel effect for these claims. On the patentee side, a possible strategic shift that could possibly develop is the option to legislatively cancel broader claims that are more relative to an IPR institution. Such a strategy could effectively remove the low-hanging fruits that would otherwise lead to an institutional decision on all contested claims

Executive Director, Conservative Property Rights

We are disappointed that the Supreme Court ruled that the Trial and Appeal Board (PTAB) is constitutional in another step, further weakening our patent system and continuing the Court's trend of harming our once-great patent system. Although we are pleased that the majority opinion has emphasized that this ruling is narrow and should not claim that patents are not proprietary, we still fear that this ruling will continue the constitutional protection of property rights and demote our patent system. This decision makes it clear that it is time for Congress to intervene and take action to eliminate or seriously reform the PTAB system through legislation such as the STRONGER Patent Law.

Van Lindberg
Member, Dykema Cox Smith

Many comments and disputes with oil states focused on the idea that patents, because they have the properties of private property, are "private rights" have to. protected by the Constitution. The majority opinion in Oil States on the other hand, says that a patent is a "public right" that results only from state action. This firmly confirms the idea that inter partes reviews are just "a second look at an earlier scholarship".

The other idea of ​​oil states is that this is really a maintenance of the status quo. Zu entscheiden, dass inter partes Bewertungen nicht verfassungsgemäß waren, hätte zu größeren Störungen geführt. Obwohl einige Teile der Patentgemeinschaft wollten, dass geistige Eigentumsrechte wegfallen, Ölstaaten war immer ein langer Schuss.

Van Lindberg ist ein Mitglied in Dykemas Büro in San Antonio, Texas, das seine Praxis auf Angelegenheiten des geistigen Eigentums konzentriert .

Brian Pandya
Partner, Wiley Rein

Die heutige Entscheidung ist ein klarer Sieg der PTAB-Anhänger. Die Argumentation des Obersten Gerichtshofs in den Ölstaaten war einfach und klar: Wenn der PTO ein Patent erteilen kann, kann er es (unter bestimmten Umständen) wegnehmen. Aber der PTAB, wie wir ihn seit 2012 kennen, verändert sich. Beispiele für Änderungen sind: die heutige überraschende Entscheidung in SAS, dass alle Anträge auf Schadenersatz überprüft werden müssen und die gefürchtete Möglichkeit (für Petenten) eines IPR auf der Grundlage der Anfechtung einer Forderung offen bleibt, aber andere Ansprüche später als patentfähig bestätigt werden das Backend, wodurch ein kugelsicheres Patent entsteht; die vielen internen Änderungen an PTAB-Verfahren und -Verfahren, wie etwa Änderungsanträge und Folgeanträge, mit noch mehr von Direktor Iancu versprochenen Änderungen; und die Mehrheit der Ölstaaten lässt die Möglichkeit engerer verfassungsrechtlicher Herausforderungen für die PTAB offen, wie zum Beispiel fällige Verfahrensherausforderungen in Fällen mit mutmaßlichem "Panel-Stacking" oder Herausforderungen bei der Anwendung der Inter-partes-Überprüfung auf Patente, die vor 2012 gewährt wurden IPRs

Terry Clark
Mitglied, Bass, Berry & Sims

Die heutigen Entscheidungen fügen der bereits unsicheren Welt des Patentrechts eine weitere Ebene der Komplexität hinzu.

Die Entscheidung der Ölstaaten bestätigt das solange neuer Stand der Technik besteht, endet die Patenterteilung nie wirklich, bis das Patent abläuft. Was das Patentamt erteilt, kann es auch ohne den Verfahrensschutz unabhängige Überprüfung durch das Gerichtssystem nach Artikel III nehmen. Unter der Annahme, dass ein Anmelder erfolgreich ein Patent erhält, muss er mit der Ungewissheit einer weiteren Prüfung nach den "breitesten vernünftigen Interpretationen" und "Überlegenheit der Beweise" Standards des USPTO leben, sollte er jemals seine "öffentlichen Rechte" durchsetzen.

Es bleibt zu sehen, ob der Kongress (mit verschiedenen Versionen der Patentgesetzgebung, die derzeit vor dem Repräsentantenhaus und dem Senat anhängig sind) die mit diesen Entscheidungen verbundenen politischen Fragen aufgreifen wird.

James Heintz
Partner, DLA Piper

Das ging so, wie die meisten Leute es erwartet hatten, aus den zu erwartenden Gründen. Es war interessant, dass die Meinung von Thomas in dem Umfang der Stellungnahme eingeschlossen war und die Möglichkeit anderer Herausforderungen offen ließ, einschließlich eines ordnungsgemäßen Verfahrens und einer rückwirkenden Anwendung. So können wir noch andere konstitutionelle Herausforderungen sehen

James Baldwin
Mitarbeiter, Neal Gerber Eisenberg

Die heutige Entscheidung ist interessant, aber nicht überraschend. Die Eliminierung von Inter Partes Reviews wäre eine wesentliche Störung einer der bedeutendsten Änderungen des Patentrechts in der jüngeren Geschichte gewesen. Der Gerichtshof war den Bedenken des Patentinhabers jedoch nicht völlig abgeneigt und telegrafierte, dass die Richter für andere Herausforderungen offen sein könnten. Zum Beispiel hat Justice Thomas ausdrücklich darauf hingewiesen, dass das Gericht nicht entschieden hat, ob der Patentinhaber ein ordnungsgemäßes Verfahren erhält und ob Inter Partes Reviews angemessen auf Patente angewendet werden können, die vor dem America Invents Act (AIA) erteilt wurden. The decision finally puts the question of IPR constitutionality to rest, but it seems the fight will continue and move on to issues regarding the structure of the Inter Partes Review process.

Chris GallagherChris Gallagher
President of IP Strategic.com

The precision of the Oil States’ dissent sharply contrasts with Justice Thomas’ convoluted majority opinion, moving the distinction between public and private property further into the fog of today’s patent uncertainty. His latest opinion now joins his 2006 eBay decision to create a double deterrent to investment in US patented invention. I cannot usefully add clarity to the words of Justice Gorsuch except to repeat an early excerpt and cogent foot note.

“Today, the government invites us to retreat from the promise of judicial independence. Until recently, most everyone considered an issued patent a personal right—no less than a home or farm—that the federal government could revoke only with the concurrence of independent judges. But in the statute before us Congress has tapped an executive agency, the Patent Trial and Appeal Board, for the job. Supporters say this is a good thing because the Patent Office issues too many low quality patents; allowing a subdivision of that office to clean up problems after the fact, they assure us, promises an efficient solution. And, no doubt, dispensing with constitutionally prescribed procedures is often expedient. Whether it is the guarantee of a warrant before a search, a jury trial before a conviction—or, yes, a judicial hearing before a property interest is stripped away—the Constitution’s constraints can slow things down. But economy supplies no license for ignoring these—often vitally inefficient— protection.”

“Color me skeptical. The very point of our written Constitution was to prevent the government from “depart[ing]” from its protections for the people and their liberty just because someone later happens to think the costs outweigh the benefits.”( foot note

 

Mark Janis
Director, Center for Intellectual Property Research at Indiana University’s Maurer School of Law

The decision this morning is a good outcome for the patent system. It’s the culmination of decades of debate over whether to have a meaningful post-grant administrative review process in U.S. patent law,” said Janis, who proposed such a system in an article published in 1997. “I wondered about the constitutional question back in 1997; it’s good to see the constitutionality of the process vindicated today.

I hope that the decision marks an important inflection point in the policy debate over post-grant review proceedings. Momentous questions about the nature of the proceedings can now be set aside. The pragmatic work of refining the implementation details can proceed. USPTO Director Iancu seems to have an appetite for that work, and I hope that the result will be a set of procedures that better balances patent owner and challenger interests. Justice Gorsuch’s dissent provides much food for thought and may signal the emergences of a new and forceful voice on patent matters.

Randy Landreneau
President, US Inventor

This is a dark day for America. Within the DNA of the great American experiment has been the concept that any person from any walk of life who comes up with something patentable can own it and benefit fully from that ownership. This has been a key part of the “American Dream.” Patents have been property rights for 200 years. Now, the degree to which you own your patented invention will depend on politics – who is President, what multinational corporations supported the campaign, what key person of their viewpoint gets appointed as head of the Patent Office, and how can the system be skewed to fit that viewpoint. The result is the death of the kinds of disruptive American innovation that have served this country and mankind so well.

Every great idea in the mind of an independent inventor is absolutely his or her own property until it is disclosed. If the eventual patent is not the private property of the inventor and can be invalidated as easily as now, what is the incentive to disclose the idea? Without legislation that eliminates the PTAB and requires an Article III Court with a jury to invalidate a patent, America will never again lead the world in innovation.


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