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Former Senator Kyl: Abuse of the Patent Review Hurts American Innovation

December 1, 2017
Earlier this week The Hill ran an op-ed by Former Arizona Senator Jon Kyl in which he condemned them continued erosion of America’s patent system. This is particularly noteworthy, given that Kyl was an architect of the America Invents Act (AIA), one of the most significant changes to America’s patent system ever.

Kyl noted that while the AIA brought about many important and long overdue changes, he regrets that its creation unwittingly spawned a new form of gamesmanship and abuse of a system designed to incentivize innovation.  The AIA’s creation of the PTO’s administrative patent challenge system, known as Inter Partes Review (IPR), allowed for duplicative and potentially endless reviews of patents that have withstood previous review in federal Court. Kyl rightly noted that this system has become known as a “death squad” for patent holders.

To remedy the abuses of IPR, BIO has been calling on Congress for several years to harmonize the legal standards used in IPR and in the federal courts, and provide assurance that patent owners will be free of repeated threats to their intellectual property following a court ruling.

BIO share’s Senator Kyl’s view that the Congress must pass the STRONGER Patents Act to bring important fixes to the patent system that prevent abuse, protect legitimate patent rights, and improve our patent examination process.