We didn't have enough problems with patent trolls extorting money from small businesses, so the US Patent Office made it easier than ever for them to ply their sleazy trade.
The Electronic Frontier Foundation (EFF) reports that the USPTO released a steaming pile of bureaucratic feculence last month titled "USPTO rescinds memorandum addressing discretionary denial procedures." Translated into English, that says, "We're helping patent trolls be more terrible." The memo reinstates something called "discretionary denials" which is fancy-talk for "we won't look at your challenge to an obviously garbage patent because dear leader told us not to."
Here's the truly stupid part: If some patent troll already sued you in their favorite kangaroo court (aka, the Western District of Texas), the Patent Office can now say "oh sorry, there's already a lawsuit, guess we can't review this probably-invalid patent!"
This reverses a 2022 policy that actually made sense, where former USPTO Director Kathi Vidal said they should review patents if there was "compelling evidence of unpatentability." You know, like actual grown-ups would do. But we are talking MAGA, Musk, and Texas, who have a combined maturity level of a three-year chugging Red Bull.
As EFF puts it with admirable restraint: "Congress passed IPR to ensure that weak patents don't become weapons for extortionary lawsuits." But apparently the USPTO looked at that congressional intent and said "nah, we choose chaos."
So congratulations, patent trolls! The USPTO just handed you a shiny new club to beat small businesses with. Maybe buy them a custom RV or take them on a luxury fishing trip?
Previously:
• Donald Trump, Jr is a patent-troll and his biggest client now does business with the US government
