‘USPTO Director Andrei Iancu has already done much (see here, here, here, here and here) to begin to reform the PTAB’
We agree, but admin reviews are a far bigger problem for small entities than all other patent holders. What will work for them will not work for us. When we have to fight to keep our patents we go out of business.
The IPR section of AIA was ‘sold’ to Congress with the promise it would be a faster and cheaper: better way to settle patent disputes than the courts, but that can only be if all other factors between the 2 proceedings are the same, or at least no more prejudicial to inventors. If factors such as the law or standards as applied in admin reviews are more prejudicial to inventors, we will be at a disadvantage and therefore admin reviews cannot be better and in fact are worse –far worse. We believe the best way to ensure admin review will be better is to make them only with the consent of the patent holders. That will also protect our right to trial by juries. If admin reviews truly are faster/cheaper/better, we will jump at the chance to use them. If they are not, we will then have recourse to the courts as the Constitution demands. That is the only fair and just solution. No doubt, that would be an ‘inconvenience’ to our large competitors who prefer to rob us in peace and at will as they presently are permitted to do under current law.
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