The U.S. Patent and Trademark Office is floating a set of rule changes that would choke off the public’s ability to challenge bad patents. These changes target inter partes review, the one process Congress created to fix the mess left behind by rushed examiners and abusive patent owners. If these rules go through, patent trolls get exactly what they have been begging for. A system where their garbage patents cannot be touched by anyone.
EFF submitted a formal comment slamming the proposal because the damage is obvious. The new rules would force defendants to give up court defenses just to file an IPR petition. They would lock out anyone who comes after an early rushed patent fight, even if new prior art surfaces. They would let trolls game timing and jurisdiction to kill petitions before the Patent Office even looks at the merits.
This is not a hypothetical threat. Under Director John Squires the USPTO has already been denying petitions at scale with no written reasoning. The office is shifting toward opacity, and these rules would cement that culture. The Patent Office should be reviewing questionable patents, not protecting them.
The public needs IPR because federal litigation is a millionaire’s sport. When a troll waves the same overbroad patent at podcasters, app developers, or small online shops, IPR is often the only way to kill the patent at the root. Cut that off, and trolls win by default. Innovation loses. Users lose. Everyone except the trolls loses.
EFF’s involvement matters because this is not their first fight. They helped kill the podcasting patent that threatened creators everywhere. They fought NSA mass surveillance in court for more than a decade. They have pushed back against police ALPR dragnet systems, Stingray cell-site simulators, forced decryption orders, and attacks on encryption. When a government agency or a corporation tries to erode public rights, EFF tends to be the first group through the door.
The Patent Office wants to pretend these changes are minor. They are not. They would turn patent review into a closed loop where the first bad ruling protects every bad ruling after it. A broken patent becomes permanent.
The public still has time to push back. Comments do not need to be technical. The simplest message is the most accurate one. Patent review should be decided on facts, not procedural traps and not on the preferences of trolls.
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FAQ
What is inter partes review
It is a Patent Office process that lets the public challenge wrongly granted patents without going through expensive federal litigation.
Why is EFF involved
EFF has a long history of killing abusive patents and defending public rights. Weakening IPR harms innovators and users.
Who benefits from the USPTO’s proposal
Patent trolls. The rules would make it much harder to challenge bad patents, which is their business model.
Does this affect everyday users
Yes. Bad patents lead to lawsuits against small businesses, developers, and creators, raising costs and blocking innovation.
Can the public still comment
Yes, until the posted deadline. Short, clear objections still help shape the final rules.