(This article first appeared on IPWatchDog)

What is a bad patent? Congress has established the requirements for obtaining a patent. The patent office grants a patent to applicants when they meet those requirements. It is simple. No trolls involved. If there are bad patents, then either the law is bad, or the patent office is not following the law when they grant the patents.

Is the patent office issuing patents that do not meet the requirements set forth by Congress in the Patent Act?

Or is the Patent Act too generous in setting forth the conditions for granting a patent?

It must be one or the other. This subcommittee should focus there, not on the inventors and their licensors who are following the law.

I followed the law with all of my inventions. I have received 6 patents for my Bunch O Balloons invention. They were diligently and thoroughly examined by the patent office, signed by Michelle Lee and Joe Matal. They met the demanding standard for a preliminary injunction – no substantial question of validity – 4 times in district court, including an affirmance at the Federal Circuit. Are these bad patents? The infringer’s attorney’s certainly think so.

To read the rest of Josh Malone’s Article, click here.