USPTO Restricts Patent Challenges, Empowering Patent Trolls
2025-03-21
The USPTO recently issued a memo further restricting access to inter partes review (IPR), making it harder for the public to challenge invalid patents. This decision protects bad patents, emboldens patent trolls, and makes it easier for large corporations to weaponize weak patents against smaller businesses and developers. IPR was created to correct errors in patent examination, offering a faster, cheaper way to challenge patent validity. The USPTO's move uses 'discretionary denials' to limit IPR, making patent challenges more difficult and allowing patent trolls to leverage lawsuits for quick settlements. This undermines Congress's intent and harms the public interest.