Senator Behind Last Overhaul of the Patent Act Slams Rule Change

Former Sen. Patrick Leahy (D-Vt.) and former Rep. Bob Goodlatte (R-Va.), lawmakers instrumental to the last major changes to the Patent Act, criticized the US Patent & Trademark Office for moving ahead with proposed rules in a manner that “improperly circumvented” a layer of review for regulatory changes with major economic impacts.

The PTO’s proposed rulemaking to limit when patent validity challenges can be filed at the agency’s Patent Trial and Appeal Board would “shield invalid patents from scrutiny” and “enrich trial lawyers, patent assertion entities, and litigation investors at the expense of American manufacturers, high-tech companies, startups, and small ...