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Important News and PTAB Update

Thousands of inventors have spoken out in articles, letters, petitions, protests, and testimonies voicing serious concerns about unfairness in the way the PTAB (Patent Trial and Appeal Board) was implemented following the 2011 America Invents Act.

Rather than addressing the concerns, in recent years the USPTO expanded their marketing department in an attempt to prop up inventor confidence. They have challenged our data, marginalized our group, put on programs to dispel fear of PTAB, and suggested that those who lost rights got what we deserved.

We are just inventors who wish to create and compete, there is no benefit in wasting time and money sounding a false alarm. We are working hard to make the system fair and allow every individual an opportunity to invent and prosper, regardless of their wealth or privilege.

Nevertheless, it is good to see that the USPTO is distressed that tens of thousands of inventors have learned that if we ever have to rely on a patent to stop a big corporation from stealing their invention, there is an 84% likelihood that it will be revoked by the USPTO at the PTAB.

It is time for the USPTO take inventors seriously and stop pushing a false narrative about the America Invents Act. The sad truth is that in 2011 the USPTO switch sides to become the number one enemy of inventors. It's time they face the music and take us seriously.

Rather than fix the problem the USPTO has complained that the 84% calculation is incorrect, because a substantial number of patents that are challenged do not complete a full blown trial. For instance many inventors give up their rights because they cannot afford the expense or risk to their business. Others have fended off a first attack at the PTAB, only suffer a fatal blow in a 2nd or 3rd or 4th or 5th attack. In our analysis, we only count the patents that have completed a full PTAB trial where 3,000 have been invalidated and only 572 have survived. The others don't count because they aren't safe. The arithmetic is straightforward.

The fact is that virtually every invention worth more than $1M must go through the PTAB before an industry giant will cease infringing or pay fair market value. The inventor will have to scramble to raise $500,000 to gamble at the PTAB where 84% of previously approved patents are revoked.

Don't be fooled. They will happily give you a patent for tens of thousands of dollars to hang on your wall. But if you ever have to use it to stop a giant corporation, you will find yourself under attack by the gruesome PTAB patent revocation division of the USPTO.

The new Director is hosting listening sessions where inventors can make their case. Sign up to speak your mind at uspto.gov/about-us/listening-session-form. Prepare and present your case respectfully and persuasively. Tell her to put a stop to PTAB attacks on innocent inventors using the powers given her by Congress. Don't let corporate lawyers and lobbyists continue to ruin our patent system. Showing up is half the battle.

If you have been affected directly or indirectly by the Patent Trial and Appeal Board, please send us a video statement. Having a loud voice is one of the best ways to get noticed. These videos emphasize just how many of you are harmed by the PTAB.  If you’re not sure what to say, you can follow this script below:

“Hi, my name is ___, inventor of ____ and I lost my patent at the PTAB.

It takes less than 30 seconds to record! You can submit your videos using this link. These short clips from you guys will be compiled into a video to show how many US Inventors are affected by the PTAB! 


Randy Landreneau, President
US Inventor, Inc.


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