Restricting Patent Challenges Will Harm Small Businesses
The Hill, May 27, 2015
2 Pages Posted: 6 Jun 2015
Date Written: May 27, 2015
This essay responds to efforts by the pharmaceutical industry to place limits on the types of entities that can petition the Patent Office to review the validity of issued patents. The piece argues that the basis for this opposition -- a series of challenges to drug patents brought by a hedge fund investor -- isn't really a problem at all, but rather is likely to benefit the public. Pointing to empirical evidence that non-manufacturers and small businesses are underrepresented among parties bringing PTO challenges, it also explains that restricting access to patent challenges will have a disproportionate impact on small business, which are the primary constituency current patent reform efforts are supposed to help.
Keywords: patent reform, inter partes review, IPR, post-grant review, PGR, covered business method review, CBM, America Invents Act, AIA, end user, customer suit, small business, SME
JEL Classification: K41, O34
Suggested Citation: Suggested Citation