Restricting Patent Challenges Will Harm Small Businesses

The Hill, May 27, 2015

2 Pages Posted: 6 Jun 2015

See all articles by Brian J. Love

Brian J. Love

Santa Clara University School of Law

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

Love, Brian J., Restricting Patent Challenges Will Harm Small Businesses (May 27, 2015). The Hill, May 27, 2015, Available at SSRN:

Brian J. Love (Contact Author)

Santa Clara University School of Law ( email )

500 El Camino Real
Santa Clara, CA 95053
United States

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