Engine submitted comments to the U.S. Patent and Trademark Office this week in response to the agency’s request for comment concerning the exercise of discretion to deny inter partes review (IPR) petitions. IPR makes it easier for startups and other small businesses to push back against frivolous lawsuits brought by patent trolls, but the USPTO’s proposal would codify current policies and practices that weaken the patent review process. This would make it more difficult for startups to challenge low-quality patents and open the door to further abusive litigation.
“Since the discretionary denial policies and practices addressed in the Request went into effect, there has been a dip in patent quality, and increased gamesmanship, forum shopping, abusive litigation, and costs imposed by low-quality patents,” we say in our comments. “These are the problems Congress set out to solve with IPR, and the fact that they are re-emerging should send a very strong signal that the USPTO is off-course.”
You can read our full comments here.
