‘That high reversal rate, those experts say, shows that the PTAB process is seriously defective.’
But it gets worse. These post issue administrative reviews deny inventors the right to a trial by jury -a right which is acknowledged in and protected by the Constitution. It is a right which America’s founders regarded as ‘inalienable’ and has been regarded as such since the middle ages in England and is a tenet of Magna Carta. These administrative ‘trials’ have worked about as well for inventors as they did for Joan of Arc.
The problem with administrative reviews is not structural -it is fundamental. It cannot be fixed. It must be expunged. This and other defects of the present patent system explain why small entity shares of issued patents and applications have so collapsed to only about 1/10th of their historical levels, if not less. When we have to fight to get, keep or enforce our patents we go out of business. Our large competitor infringers can, but we cannot.
We agree that changing the law to restore injunctions is desperately needed. It is our top proposed measure. However, restoring injunctions without at least addressing admin reviews and patentability will only make matters worse. Inventors cannot get injunctions on patents we cant get or keep. All injunctions by itself will do is give additional offensive rights to large infringing competitors (thieves) with no realistic threat for their infringing patents of their small competitors. In short, it will only further separate the haves from the have nots. Minimally then, the measures of at least our first 3 proposals must be made together. The more of our measures are adopted, the more resoundingly and viably the patent system will be restored for all inventors -large and small. It will thus encourage invention across the economy as America’s founders had intended. Importantly, Microsoft was on record years ago as stating they only seek patents (invent) because their competitors do. We believe they are representative of most every large company. Any reform which only reestablishes strong property rights for large infringers will then do little to affect the economy and restore jobs in America. Meanwhile, those same large infringing multinationals will keep sending American jobs offshore. When they cant export jobs they import workers that displace Americans and in no small part explain why our college graduates cant find jobs in their fields and have to settle for low paying part time jobs while burdened with paying college loans of tens of thousands of dollars. We don’t need more fake reforms from multinational thieves. It’s time to restore the patents system for all.
There is no bill presently before Congress in our view that solves these crucial problems for inventors. In fact, all except for at most 1 will only make matters substantially worse. We are working diligently with our friends there to modify existing bills if possible, or if not to introduce one or more bills to modify or substitute.
For our position and the changes we advocate (the rest of the truth) to restore 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