LIFE, LIBERTY AND THE PURSUIT OF YOUR RIGHTS IN A KANGAROO COURT

Many, if not most, Americans are aware of the fact that Citizens have been slowly losing their rights. This has accelerated since the passage of the “Uniting and Strengthening America by Providing Appropriate Tools to Restrict, Intercept and Obstruct Terrorism Act of 2001” (aka USA PATRIOT or the Patriot Act).

The environment for our unalienable rights became substantially worse after Covid-19 hit through the, oftentimes, draconian and tyrannical actions taken by various governors and mayors around the country. Our once noble unalienable rights became privileges granted by government, with strings attached.

However, there is one particular constitutionally protected right that has, for the past decade, been actively shredded day-by-day and is not that well known to the general public. That piece of legislation – with abundant ambiguity and numerous loopholes – is killing innovation in our great country.

The innocent-sounding legislation is the America Invents Act of 2011 (AIA) and, with its passage, the establishment of the Patent Trial and Appeal Board (PTAB) and their administrative tribunal.

The specific Constitutional Right being trampled is in our original document, found in Article I Section 8 Clause 8, which says: “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”

The PTAB tribunal consists of a panel of Administrative Patent Judges (APJs), who have the authority to invalidate (revoke) previously issued patents, regardless of how long they have been in effect, nor how original and unique they were when they were discovered. The APJs have exercised that power and they continue do so to the benefit of multinational conglomerates and Big Tech and to the detriment of Citizens.

The data and the statistics are quite clear. The PTAB APJs have invalidated 84% of the 3,000+ challenged patents they have reviewed and have rightfully earned the nickname: the “Patent Death Squad.”

The unique – and horrifying – aspect of the APJs is they are mostly attorneys and not highly trained in any of the forms of technology or discovery they “judge.” They consistently overturn decisions that were previously made by very well-trained and experienced U.S. Patent and Trademark Office (USPTO) Patent Examiners, who grant patents based upon a strict set of guidelines and criteria. The decision to issue a patent may take one or two years – up to a decade – of research and evaluation before an inventor can actually hold a granted Patent in his or her hands.

There are far too many instances showing how the APJs have destroyed our once mighty and respected Patent System and, along with that, devastated lives and businesses of talented and creative Americans.

One of the tricks utilized by APJs is word games, where they arbitrarily change or alter definitions to suit their agenda. Another is not allowing the “accused,” the actual inventor seeking to hold on to their Patent, to speak during their Kangaroo Court proceedings.

The actions of the PTAB APJs, constantly violate two additional constitutional rights, guaranteed in the Fifth Amendment, which says: “No person shall be … deprived of life, liberty, or property, without due process of law; …”

The PTAB APJs are not providing – and cannot provide – Due Process as they are not an actual real court of law, yet they act like one. And, when they revoke a standing patent without Due Process, they are unconstitutionally taking away the property rights from independent inventors and small business innovators.

There are those, including US Inventor, who firmly believe that APJs have been given the privileges and authority of principal officers without being appointed by the President with the Senate’s advice and consent, as the Appointments Clause in our U.S. Constitution requires (Article II, Section 2, Clause 2).

America was built upon hard work and innovation, coupled with our unalienable rights.

Our rights have been assaulted and inventors who have made incredible contributions to our country, and the world, have been forced to spend half-a-million to several million dollars in a Kangaroo Court in the attempt to keep their property from being stolen and falling into the hands of Big Tech or a huge corporate entity.

Through the invalidation of legitimate Patents and the resultant property theft without Due Process, the PTAB APJs are, it seems, singlehandedly destroying American innovation and with that, the American Dream.

US Inventor was founded to support the innovation efforts of the “little guy” inventors, seeking reliable patent rights for developing our inventions, bringing those inventions to a point where they can be commercialized, creating jobs and industries, and promoting continued innovation. Our broad experience with the patent system, new technologies, and creating companies, gives us a unique perspective on the important issues facing independent inventors and small business innovators.