Now, however, Congress is pushing forward a bill that would effectively overturn the USPTO’s efforts to balance the patent system. Introduced by Senators Patrick Leahy , John Cornyn , and Thom Tillis , it’s called theBut far from improving the legal landscape for small inventors, it will render patent owners powerless to fend off duplicative petitions at the hands of Big Tech.
The sponsors of the bill claim that it will stop Big Tech’s weaponization of the PTAB, but that couldn’t be a more inaccurate representation. Instead, if passed as currently drafted, it would strip away the very protections that were put in place to level the playing field for small inventors, such as the PTAB’s ability to decline legal challenges when a patent is already being contested in court on the same grounds, or the courts have already upheld the patent’s validity.
If they succeed in weakening America’s intellectual property system, it could be devastating for thousands of small, innovative startups — with disastrous consequences for the economy as a whole.It would be a mistake for lawmakers to abet Big Tech’s efforts to weaken the U.S. system of intellectual property protections. It would make our economy less vibrant and competitive.
Without confidence in the enforceability of patents, there would be very little reason to take these chances. And the result would be a much less dynamic, innovative, and prosperous economy.