The patent office is about to make bad patents untouchable

Summary

The U.S. Patent and Trademark Office (USPTO) has proposed new rules that would effectively end the public’s ability to challenge improperly granted patents at their source—the Patent Office itself. If these rules take effect, they will hand patent trolls exactly what they’ve been chasing for years: a way to keep bad patents alive and out of reach. People targeted with troll lawsuits will be left with almost no realistic or affordable way to defend themselves. We need EFF supporters to file public comments opposing these rules right away. The deadline for public comments is December 2. The USPTO is moving quickly, and staying silent will only help those who profit from abusive patents. TAKE ACTION Tell USPTO: The public has a right to challenge bad patents We’re asking supporters who care about a fair patent system to file comments using the federal government’s public comment system. Your comments don’t need to be long, or use legal or technical vocabulary. The important thing is that everyday users and creators of technology have the chance to speak up, and be counted. Below is a short, simple comment you can copy and paste. Your comment will carry more weight if you add a personal sentence or two of your own. Please note that comments should be submitted under your real name and will become part of the public record. Sample comment: I oppose the USPTO’s proposed rule changes for inter partes review (IPR), Docket No. PTO-P-2025-0025. The IPR process must remain open and fair. Patent challenges should be decided on their merits, not shut out because of legal activity elsewhere. These rules would make it nearly impossible for the public to challenge bad patents, and that will harm innovation and everyday technology users. Why This Rule Change Matters Inter partes review, (IPR), isn’t perfect. It hasn’t eliminated patent trolling, and it’s not available in every case. But it is one of the few practical ways for ordinary developers, small companies, nonprofits, and cre...