US Inventor, the foremost advocacy group for independent and startup innovators striving to Save American Innovation, shown a bright spotlight on the 10th Anniversary of the worst piece of Intellectual Property (IP) legislation ever enacted, the America Invents Act of 2011 (AIA). While not the intent of Congress when they passed this bill, the AIA created a monster, one that feeds upon the creativeness of independent inventors and small businesses and startups by taking away (in effect, stealing) their hard-earned patents and giving them to Big Tech and multi-national conglomerates.
The AIA created the Patent Trial and Appeal Board (PTAB), an administrative tribunal that earned the nickname “the patent death squad,” a term coined by former Federal Circuit Chief Judge Randall Rader, less than two years after the AIA was signed into law. As of June 24, 2021, the PTAB has invalidated 84% of the 3,105 challenged patents that have been reviewed and issued a Final Written Decision.
The tribunal revoking patents consists of a panel of Administrative Patent Judges (APJs) who are not real judges. They are, primarily, attorneys whose main experience is in law rather than in the technologies or specifics of the patents they are “judging.” In fact, an astounding 60% of APJs have ZERO tech experience (2019). Yet, these judges regularly overturn the work of the highly experienced USPTO Patent Examiner(s), regardless of how long a patent has been in effect, nor how original and unique it was when it was first discovered.
Aside from inventors who gathered in six cities for the Decade of Stolen Dreams rallies, others who either deal or work with inventors attended to voice their opinions about the AIA and, specifically, the PTAB. All are united in their efforts to save American Innovation.
Here are just a few of the speakers who attended one of the six rallies to help shine the spotlight on the failures of the AIA to protect patents, as guaranteed in our U.S. Constitution.