Thousands Tell the Patent Office: Don't Hide Bad Patents From Review

"A massive wave of public comments just told the U.S. Patent and Trademark Office (USPTO): don't shut the public out of patent review. EFF submitted its own formal comment opposing the USPTO's proposed rules, and more than 4,000 supporters added their voices-an extraordinary response for a technical, fast-moving rulemaking. We comprised more than one-third of the 11,442 comments submitted . The message is unmistakable: the public wants a meaningful way to challenge bad patents, and the USPTO should not take that away."

"Comments opposing the rulemaking include many small business owners who have been wrongly accused of patent infringement, by both patent trolls and patent-abusing competitors. They also include computer science experts, law professors, and everyday technology users who are simply tired of patent extortion-abusive assertions of low-quality patents-and the harm it inflicts on their work, their lives, and the broader U.S. economy."

"In our , we that the proposed rules would make it significantly harder for the public to challenge weak patents. That undercuts the very purpose of IPR. The proposed rules would pressure defendants to give up core legal defenses, allow early or incomplete decisions to block all future challenges, and create new opportunities for patent owners to game timing and shut down PTAB review entirely."

A massive public response opposed proposed USPTO rules that would limit inter partes review (IPR) and public challenges to weak patents. Over 4,000 supporters joined EFF’s formal comment, forming more than one-third of 11,442 submissions. Opposing commenters include small business owners wrongly accused of infringement, computer science experts, law professors, and everyday technology users concerned about patent extortion and low-quality patents. The proposed rules would make challenging weak patents harder, pressure defendants to forfeit legal defenses, allow early or incomplete decisions to block future challenges, and enable patent owners to game timing and shut down PTAB review.

Read at Electronic Frontier Foundation