US: Advanced Manufacturing and Industrial Technology Coalition – Letter to Congressional Judiciary Committees

USPTO’s most recent policy misstep occurred on May 14, with the USPTO Director’s precedential decision in Magnolia Medical Technologies v. Kurin. USPTO casts the decision as an effort to restore the Patent Trial and Appeal Board (PTAB) and Inter Partes Review (IPR) process to its congressional design.

It is the opposite. The decision offers a profoundly misleading account of the IPR process – one that distorts the legislative record, overrides congressional intent, and cloaks the real beneficiaries of USPTO policies (i.e., litigation speculators and NPEs) and the real victims (i.e., productive businesses targeted by NPEs).