May 29, 2013
The USPTO supposedly grants patent rights based upon inventive merit, though historically that has sometimes been an impolite fiction. The chairs of the judiciary committees in Congress, Senator Patrick Leahy and Rep. Bob Goodlatte, would like to remove basic rights to trial that have been in place since the 19th century. These paid corporate hacks would repeal 35 USC § 145, which grants the right to trial against patent office abusive practices. The rationale, a logical non sequitur, is supposed abuse of patents by patent holders. Goodlatte: "Abusive patent litigation and specifically patent trolls have a significant impact on American competitiveness." Leahy: "Patent trolling activity casts a pall on the system because it hinders innovation." In short, Congressional abusers of basic fairness would like to let the patent office abuse patent applicants because they think that non-corporate patent holders abuse the patent system by practicing their basic rights of ownership.
Posted by Patent Hawk at May 29, 2013 9:16 PM | The Patent System