‘The first question asks…’
But we think there’s a bigger question that should be asked. Is it proper, legal, or just for the PTO to review the validity of an issued patent, especially where there is related ongoing litigation?
There are multiple problems with this. First, inventors do not trust the PTO. For years now they have forced inventors to fight them to get a patent. With the disclosure of the secret SAWS program at the PTO it has all become clear to us. And with the former head of patents for a large repeat infringer who has been a central player in what they call ‘patent reform’ at its helm it becomes even more so. Inventors believe PTO management is not impartial and cannot be trusted, certainly not when it comes to validating patents caught up in litigation. There is a reason why we have the courts.
Beyond due process another issue is that post issue reviews often pit inventors and small entities against large infringers. In court we have access to contingent litigators where we stand a better chance of a fair fight. But at the PTO we do not have that access. It becomes a fight of who can spend the most and naturally the well financed most always win out. Denying inventors the right to judicial review on questions of validity deprives them of their property rights without due process and makes it child’s play for large infringers to steal at will. It’s just not fair.
For our position and the changes we advocate to truly reform the patent system, or to join our effort, please visit us at https://aminventorsforjustice.wordpress.com/category/our-position/
or, contact us at firstname.lastname@example.org