Big Tech empirically lobbies Congress to weaken patent right protections created by USPTO
Forbes, 23 --- Chairman and Editor in Chief of Forbes Media (Aug 15, 2023 at 2:14 PM EDT, Steve Forbes, “Big Tech Is Abusing the U.S. Patent System. Time for Congress To Step In | Opinion,” https://www.newsweek.com/big-tech-abusing-us-patent-system-time-congress-step-opinion-1819256, JMP))
In 2020, the Patent Office sought to rein in this abuse, establishing a so-called "Fintiv" rule. This allows PTAB judges to refuse to hear cases when a court is likely soon to rule on the validity of the same patent. But last year, the Patent Office reversed course, issuing new guidance severely limiting the discretion of PTAB judges to make such decisions. Not surprisingly, this reversal has led to a notable increase in PTAB cases. Meanwhile, Big Tech companies have been lobbying Congress for legislation that would permanently repeal the Fintiv rule.
Fortunately, there are still at least a few members of Congress who see this Big Tech lobbying for what it is—a blatant effort to further weaken patent rights so they can continue stealing the technology of smaller competitors and maintain their market advantage.