On June 20, 2023, Unified Patents submitted its comments to the USPTO’s Advance Notice of Proposed Rulemaking (“ANPRM”) regarding proposed changes to PTAB practice. The proposed rules largely exceed the USPTO’s authority, contradict the America Invents Act, would harm the U.S. economy, and promote increased NPE litigation. The USPTO's ANPRM can be found here. A copy of Unified's submission can be found below.
Patent Office Proposals Put the American Economy at Risk
In an op-ed for RealClearPolicy, Unified’s CEO and Founder, Kevin Jakel, explains how the USPTO’s Advance Notice of Proposed Rulemaking (ANPRM) could put the American economy at risk and limit access to government patent review for all. Many ANPRM proposals aim to restrict petitions for review of invalid patents. This would limit the work done by Unified, other third parties, and companies targeted by NPEs, which will lead to small and medium-sized businesses becoming vulnerable to increased NPE threats.
Click HERE to read more on RealClearPolicy's website.
The USPTO Needs Your Input Now - Help Fight NPEs
You can help support our economy, reduce wasteful NPE litigation, and stop the assertion of bad patents. All it takes is a few minutes of your time.
The USPTO has issued a set of proposed rules, nearly all of which will make it harder for everyone, including Unified, to challenge bad patents. Examples include the invalid Shipping and Transit or Sportbrain patents, which collectively were asserted over 400 times and sparked over a thousand demand letters. Many of the new proposed rules are outside of the USPTO’s authority and plainly contradict statutes that Congress put in place and the Courts have opined on.
By placing a heavy thumb on the scale in favor of NPEs, these proposals will raise already-high litigation costs for all parties, weaken the Patent Trial and Appeals Board, and seek to stop Unified from challenging particularly bad, invalid patents. Patents that slipped through the system and should have never been issued in the first place will be asserted against American companies, particularly medium and small-sized businesses. Studies show that even a handful of these proposals would cost many hundreds of millions of dollars.
The USPTO has asked for a limited window in which to get the public’s input, so time is of the essence. Please let the USPTO know you want a fair and open system for all, where anyone can petition the government for review of an invalid patent. That is what Congress put in place, and what the Article III Courts have blessed. This administrative agency should not be trying to overrule them.
You can take action by selecting the green box, titled “Submit a formal comment” (here), and sharing your thoughts, however brief. All comments are due by June 20, 2023, 11:59 PM EST. It is of critical importance that the USPTO hears from real stakeholders like you.
USPTO’s new Catch-22 targets Unified Patents in standing requirement reforms
In a recent op-ed in IAM, Unified’s General Counsel, Jonathan Stroud, explains the issues with the USPTO’s reform proposal, including how it singles out Unified and proposes restrictions that contradict the AIA and that have been rejected in subsequent failed legislative proposals. In the link below, Mr. Stroud argues that if the agency seeks to single out Unified Patents and bar it from filing IPRs, it must also scrutinize the lack of transparency and conduct of prolific NPEs.
Click HERE to read more on IAM’s website.
USPTO Proposed Rules Flawed - The Hill Op-Ed
In an op-ed published on "The Hill" website, Jonathan Stroud summarizes the House Judiciary oversight hearing where USPTO Director Kathi Vidal testified regarding the Office’s proposed rulemaking.
Policy changes at administrative agencies like the U.S. Patent and Trademark Office (USPTO) are unlikely to lead the nightly news or appear above the fold in national newspapers. But, the USPTO might be the most important agency your average American hasn’t heard of. How it works, or doesn’t, has billion-dollar consequences for the U.S. innovation economy, and for consumers.