‘Critics have likened the PTAB to a death squad for patents, and a means for big tech companies to steamroll small inventors’
They are death squads, certainly for inventors and other small entities. Defending these challenges typically cost about half a million dollars. Small entities just don’t have that kind of cash so all they can do is watch as the PTAB does its dirty work. Any one who claims the PTO is a proper venue to review patent validity need only take a look at the secret SAWS program recently uncovered, which delayed and blocked issuance of select applications. Clearly then, the PTO is not impartial and not the proper place to review issued patent validity. It’s just not…not unless the patent holder is a large multinational like Apple who has an army of lawyers to fight back. The rest of us get steam rolled by invention thieves there.
Before AIA most patent validity challenges occurred in court. There inventors and small entities had recourse to contingent litigators. There at least we could fight back. One of the terrible things AIA did was to destroy our ability to defend ourselves. All AIA did was make it easier for large multinational invention thieves to rob and crush us. That’s all most any of these bills ever do. If you look at who pushes these bills in Congress and drafts them, it’s not hard to figure out why. Administrative post gram reviews at the PTO deprive inventors of our property rights.
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