The USPTO's recent memo curtails access to inter partes review (IPR), limiting public challenges to invalid patents. Established by Congress to provide a cheaper, speedier means to contest issued patents, IPR now faces restrictions through discretionary denials, as reinstated under the Apple v. Fintiv rule. This may embolden patent trolls and corporate entities to exploit weak patents, undermining protections for small businesses and limiting the efficacy of the patent system. The decision raises concerns about the potential misuse of patents clearly lacking validity.
The memo restricts access to inter partes review, which enables the public to challenge faulty patents, potentially shielding bad patents and empowering patent trolls.
Congress established IPR in 2012 to address the issue of invalid patents, yet the USPTO's recent memo undermines this tool by favoring procedural dismissals.
The decision to reinstate discretionary denials hinders fair assessment of patent validity, contradicting the original intent of IPR, which aimed to simplify challenging bad patents.
With the reinstatement of the Fintiv rule, even clearly invalid patents may go unchallenged, exacerbating issues of patent misuse against small businesses and innovators.
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