"EFF has submitted its formal comment to the U.S. Patent and Trademark Office (USPTO) opposing a set of proposed rules that would sharply restrict the public's ability to challenge wrongly granted patents. These rules would make inter partes review (IPR)-the main tool Congress created to fix improperly granted patents-unavailable in most of the situations where it's needed most. If adopted, they would give patent trolls exactly what they want: a way to keep questionable patents alive and out of reach."
"Since USPTO Director John Squires was sworn into office just over two months ago, we've seen the Patent Office take an increasingly aggressive stance against IPR petitions. In a series of director-level decisions, the USPTO has denied patent challengers the chance to be heard -sometimes dozens of them at a time-without explanation or reasoning. That reality makes this rulemaking even more troubling."
"I oppose the USPTO's proposed rule changes for inter partes review (IPR), Docket No. PTO-P-2025-0025. The IPR process must remain open and fair. Patent challenges should be decided on their merits, not shut out because of legal activity elsewhere. These rules would make it nearly impossible for the public to challenge bad patents, and that will harm innovation and everyday technology users."
Proposed USPTO rules would sharply limit the public’s ability to use inter partes review (IPR) to challenge improperly granted patents. The rules would make IPR unavailable in many situations where it is most needed and would enable patent trolls to keep questionable patents active and out of reach. The changes would make patent challenges nearly impossible for small businesses, nonprofits, software developers, and everyday technology users. Recent director-level USPTO decisions have already curtailed opportunities for petitioners, and the proposed rules would institutionalize a closed-door approach. The public has until December 2 to submit comments.
Read at Electronic Frontier Foundation
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