For many years the US patent trademark office accepted patent as property rights which have always been considered relevant until proven now. Recent court decisions changes in patent law, and adverse PTAB rules established by USPTO, have all resulted in challenges to long hold practice that had been previously supported the innovation community. Without a correction cause, true innovation in US, will soon begin to dry up and America’s most valuable asset, its grassroots innovator will as well. The United Inventors Association represents almost 15,000 independent inventors and over 70 local inventor clubs across the US. As the innovation community awaits a new Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) we are supportive of an advocate for strong patent rights.
US Patent system downfall
Since the advent of PTAB and other rule changes established in Americas’ Invent Act, the American patent system had been downward spiral. The American patent system has been fallen from its very first position to 10th rank, now ranked even below china. A country now drawing innovators and investors away from U.S. Patent are the currency of innovation economy and without a strong patent system our economy will falter. Now it’s time to take instance that will result in strengthened economy.
Dependency on issued Patent
Inventors most probably depends on the term of the issued patents to begin business or develop product that can be licensed to US companies, have changed the property protection promise made when USPTO originally issued their patents. Now after spending years and countless dollars on the original patent application those inventors have to once again prove their invention is valid rather than requiring the challenger to prove the patent is invalid. Large companies know they can infringe with impunity since they can repeatedly challenge an issued patents at the PTAB. Unbelievably 90% of the challenged patents to date have resulted in at least one claim invalidated! This result comes from the very same USPTO that collected significant fees and issued the patent in the first place. Someone needs to ask the simple question, what’s wrong with this picture? The resulting uncertainty has left the independent inventor community unsure if they should even apply for a patent in the future and is leaving a growing number of investors on the sidelines. This is not good for America.
Ideal Candidature
An ideal candidate for the USPTO would be someone who understands this completely that patents are property right rather than public right, that issued patents are valid until otherwise proven invalid and that recent changes in patent law and decision from Supreme Court have significantly diminished the historic strength of the US patent system. The candidate should pledge to make the US patent system strong again by working to correct the wrong that have enveloped the patent system. . The UIA would support someone that who considers independent inventors, innovators and entrepreneurs valued USPTO shareholders and a cornerstone for economic growth
