June 6, 2023
The Electronic Frontier Foundation (EFF), a digital rights advocate organization, has expressed its dissatisfaction with the United States Patent and Trademark Office’s (USPTO) proposed guidelines for disputing incorrectly issued patents.
According to the EFF, if these rules are implemented, they may inadvertently give an advantage to patent trolls, making it arduous and, in some instances, impossible to challenge patents. This move could pose significant challenges for organizations like the EFF, which rely on similar methods to protect against contentious patents such as Personal Audio’s “podcasting patent.”
The proposed regulations primarily aim to refine the Patent Trial and Appeal Board’s (PTAB or Board) inter partes review (IPR) and post-grant review (PGR) processes. Their objective is to align procedures with the USPTO’s mission of fostering innovation and safeguarding investments. These changes are also in line with the intent of the American Invents Act (AIA), which aimed to provide inventors with an alternative to litigation.
In response to the proposed rules, the EFF is urging its supporters to oppose them, asserting that the changes will ultimately benefit patent trolls. The organization encourages concerned individuals to submit comments through the government’s public comment system. EFF emphasizes that comments need not be lengthy or laden with complex legal jargon; the main goal is to provide a platform for everyday users and technology creators to express their disagreement with the proposed rules.
According to the EFF, the Patent Trial and Appeal Board (PTAB) is one of the few venues where patent trolls can be held accountable for their unjustified and detrimental patent claims. The “inter partes review” (IPR) process, overseen by specialized PTAB judges, was established over a decade ago by Congress. This process allows the public to challenge improperly granted patents and plays a vital role in upholding patent quality standards.
The sources for this piece include an article in EFF.
