Congress Shouldn’t Limit The Public’s Right To Fight Bad Patents

The U.S. Senate Subcommittee on Intellectual Property will debate a bill this week that would dramatically limit the public’s right to challenge bad granted patents. The PREVAIL Act, S. 2220 would bar most people from petitioning the U.S. Patent and Trademark Office (USPTO) to revoke patents that never should have been granted in the first place. 

If the bill passes, it would be a giant gift to patent trolls, who will be able to greatly increase the extortionate toll they demand from small businesses, software developers, and everyday internet users. EFF opposes the bill, and we’re reaching out to Congress to let them know they should stand with technology makers and users—not patent trolls. 

The PREVAIL Bill Will Ban Most People From Challenging Bad Patents 

Every year, hundreds of patent lawsuits are filed over everyday internet activities–“inventions” like watching ads (online), showing picture menus (online), sharing sports data (online), selling binders or organic produce (online), or clocking in to work (online). 

The patents are usually controlled by “patent assertion entities,” also called patent trolls, which don’t actually do business o

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