It is true that PTO post issue review of patents dates back to the 1980’s (took affect Jul 1981), but abuse of that process began shortly after. In that period for example, physicist Gordon Gould, inventor of the laser, was pulled into such a review after initiating litigation against infringers: see “Laser Man” -McPartland, and “Laser” -N Taylor. Taylor documents extensive, long term and repeated abuse of the process, including by then PTO management, beginning at the bottom of p225 for the next 60 pages. This is what happens when the PTO is permitted to review its own issued patents. Keep in mind for almost 200 years prior there had been no PTO administrative post issue review of patents.
This experiment has since proven to be a dismal failure and an invitation to abuse of process by PTO management and large infringers. All it did was substantially transfer the full burden and expense of patent enforcement in the case of inventors to those least able to afford it. Defending against a single PTO review can cost up to $1,000,000 which few inventors and small entities can afford so we end up defenseless and lose by default. And when infringers file for multiple reviews of an inventor’s patents even with mid market support inventors can quickly be overrun and are forced to settle for whatever we can get no matter the value of our inventions or risk complete ruin, though by that time there is little we can do but suffer a complete loss of our property and life savings -bankruptcy. How can any decent human being of sense conclude that these reviews are anything but an invitation for and legalization of invention theft?
As illustrated by recent scandals such as the secret SAWS program, that abuse by PTO management and infringers has not ended. It has only gotten worse and has since AIA become an epidemic. As a result, inventors and small entities are largely unable to obtain or enforce rights to their inventions. Adding to that recent disclosure of systematic and widespread abuse by PTO management in blocking patents from issuing and the picture becomes sinister for inventors. We are not surprised when top PTO managers and even administrative judges at the Appeals Board (PTAB) are former officers of repeat infringers who have been pushing what they call patent “reform”.
Meanwhile, those same Chinese and large multinational invention thieves have been ransacking and looting small American entities taking everything they can carry. Those are the same multinationals who when they cant export jobs, import workers and artificially inflate their employed Americans. We are convinced these reports prove without question that post issue review of patents by the PTO invites abuse of process by PTO management and infringers and unjustly and illegally deprives inventors of their private property. Post issue review also clearly violates due process and the clear meaning of the Constitution and the intent of America’s founders as we outline in our position statement and in articles and commentaries published on our web site.
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 aifj@mail.com
American Inventors for Justice 