‘But Justice Ruth Bader Ginsburg said the process merely gives the Patent and Trademark Office a streamlined method for correcting its own errors. In Great Britain hundreds of years ago, she asked rhetorically, “the King couldn’t say, ‘I made a mistake?'”‘
But America is not a monarchy. What was acceptable or lawful in Europe at the time may not be lawful or acceptable in America. That was the old world. This is the new.
The founders regarded the right to a trial by jury as ‘inalienable’. Any post issue admin review that negates or appreciably diminishes that right denies inventors our rights. It’s one thing for the PTO to administratively ‘correct’ errors of prosecution for applications in process, which they have always done -that’s why they have so many layers. But it’s a totally different matter for them to ‘correct’ once a dispute involving that property has arisen, or after the patent has already issued. Once issued, or certainly once a controversy arises for an issued patent the PTO must lose any such control. Otherwise, the PTO becomes judge, jury and prosecutor in a pseudo trial which works about as well for us as an administrative trial did for Joan of Arc. That the PTO refers to these administrators as ‘judges’ establishes that they have usurped the courts. Further, as we have recently learned these PTO ‘judges’ have been assigned cases in a partial manner which predetermines the fate of any reviewed patent. Should anyone really be surprised when PTO management comes straight from large multinational serial infringer central?
As we have said, the PTAB is where our patents and their inventions go to die. There are good reasons why former CAFC Chief Judge Rader referred to the PTAB as a ‘patent death squad killing property rights’.
Such proceedings are a complete denial of due process and violates inventors rights while depriving us unjustly and unlawfully of our most valuable property. That has greatly contributed to the collapse in the small entity share of issued patents and filed applications which are now running only about 1/10th their historical shares, if not less and still falling. Has PTO management been hiding that fact? What else are they hiding?
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/
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