Former Congressman writes in support of two bills that would protect intellectual property and promote small business. The Patent Eligibility Restoration Act...
Unfortunately, that is exactly what has happened. A few Big Tech firms are using the board not as an alternative to litigation, but as a multiplier to it. They respond to patent infringement suits brought by their smaller rivals by filing multiple, serial patent board challenges against their smaller rivals’ patents, thus forcing cash-strapped entrepreneurs to fight legal battles on two fronts at once. Almost one-fourth of all board challenges now come from just 10 petitioners.
For more than a decade, the Supreme Court has stoked confusion about what kinds of innovations are eligible for patent protection. The Tillis and Coons bills seek to clarify that medical diagnostic tests, along with inventions integral to cutting-edge sectors like artificial intelligence, are eligible for patent protection just as they are in most other advanced countries. This clarity will make a huge difference for entrepreneurs seeking to raise money from investors, who have been understandably leery of funding technologies that are potentially ineligible for patent protection.
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