According to the 2017 PWC Patent Litigation Study at page 17, inventors (those who are not commercializing their inventions, as we often do not have the necessary capital nor can we get it unless we win at trial and obtain an injunction against a large competitor) succeed in district court in enforcing our patents only 18% of the time. But that does not include appeal where plaintiffs only succeed (decision affirmed) 17% of the time. Altogether then, inventors only succeed 3% of the time. It does us no good to win at district, if we then lose on appeal. We still lose in the end. Obviously, these fights are fixed. Can there be any wonder why many inventors chose to settle than fight? Patents are often nearly worthless for us in the present system, between the Patent Office and many courts.
Plus, if we end up at SCOTUS our chances of success are further substantially reduced. Based on their decisions since at least 2005 (eBay, Alice, etc.) we can only conclude they hate us and property rights, if not worse. Add to that how we now have to fight the patent office for years to even get our patents and the picture for us is beyond bleak.
These are powerful reasons why inventor issued patents and filed applications have plummeted to only about 10% of their historical shares, if not less and still dropping. Why on earth would anyone want to invest their family’s future in something that has so small a chance of succeeding? Unquestionably then, for us the patent system is in crisis. For us, it truly has become a sport of thieves and now nearly completely separates the haves from the have nots. Congress, are you listening…SCOTUS, CAFC?
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