As judge Michel wrote…
‘For in the AIA, Congress unwisely granted the PTO nearly unlimited authority to frame regulations as it wishes.’
But it gets worse. Most importantly, post issue administrative review such as included in AIA deprives inventors of their right to a trial by jury. That is a right America’s founders held as ‘inalienable’. The large multinational infringers (thieves) who wrote that law knew well what the outcome would be. When they control certain members of Congress and PTO management there is little to stop them from systematically and continuously robbing and crushing their small competitors. That’s why we have the courts and juries to better and independently secure our rights and our property. Inventors cant afford these pseudo judicial/administrative proceedings at the PTO so there we get steamrolled by our large infringers. What AIA did was transfer appreciably all the expense of patent litigation from defendants to plaintiffs -in the case of inventor plaintiffs, to those least able to afford it. It can cost us half a million dollars, if not much more, for attorneys fees in a post issue admin review, such as created by AIA. But in court we have access to contingent litigators. Even then our large infringers have an army of attorneys so we’re still in a fox hole, but at least we have a fighting chance.
For example, it is common for inventor plaintiff attorneys to be outnumbered 20/1, if not more. In one inventor plaintiff case it was approximately 200/1. So all AIA did was further legalize theft of our inventions. Now inventor rights are all but dead. The collapse in inventor shares of filed applications and issued patents is living proof. AIA must be repealed or replaced and the patent system restored. Congress must stop letting large multinational infringers (thieves) write the laws.
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