‘Supreme Court upholds legality of patent review process”

A patent troll utilizes licenses as legitimate weapons, rather than really making any new items or thinking

of new thoughts. Rather, trolls are in the matter of prosecution (or even simply undermining case). They

regularly purchase up licenses inexpensively from organizations down on their fortunes who are hoping to

adapt what assets they have left, for example, licenses. Shockingly, the Patent Office has a propensity for

issuing licenses for thoughts that are neither new nor progressive, and these licenses can be extremely

expansive, covering regular or conventional sorts of figuring – things that ought to never have been

protected in any case. Furnished with these overbroad and unclear licenses, the troll will then convey

undermining letters to those they contend encroach their patent(s). These letters debilitate lawful activity

except if the claimed infringer consents to pay an authorizing expense, which can frequently range to the

several thousands or even a huge number of dollars.

Numerous who get encroachment letters will pay the authorizing expense, regardless of whether they trust

the patent is fake or their item did not encroach. That is on account of patent case is to a great degree

costly — frequently a huge number of dollars per suit — and can take long stretches of court fights. It's

speedier and simpler for organizations to settle.

The “INTER PARTES REVIEW (IPR)’ process has dramatically lowered against frivolous patent

litigation.

The process allows an executive branch to revoke a patent after it is granted.The ruling preserves one of

the defendant’s most patent weapons against patent trolls.

Cost can be a lot in challenging patent in the court .As a result it makes sense fir defendants to settle a

patent case even if they believes that the patent could not stand up in court.

The Inter Parteies Review “process as then passed by the congress. It is an administrative process.This

process cuts the cost of challenging a patent down to low six figures .It has shifted the playing field for
patent ligatation,allowing the targets of frivolus patent lowsuits to fight back without going broke in the

process .

The New supreme court ruling puts that process on a firm constitutional fooling,which should make life

difficult for patents trolls.

Nature of Patent rights:-

The legal challenge to the IPR process came from an oil company called oil states Energy Services,which

owns a patent on a method for securing drilling tool to an oil well.But oil States sued, arguing that the

constitution requires an IPR like process to occur in the Judicial branch rather than the executive branch

like the patent office.

Then argument was over the difference between executive and judiciary branch ,but it was a dispute

about the nature of patent rights.Are patent fundamentally a government granted monopoly or they are a

form of private property .the decision to grant a patent is a matter involving public rights .the grant of a

public franchise. The review process is simply a consideration of the grant and congress has permissibly

reserved the PTO’s authority to consuct the reconsiderations …