(Replying to PARENT post)

IPRs are pretty useful for challenging bad patents and should be very broad. However, I found myself in favor of this change, and honestly questioning the EFF's motives given how strong and personal (speaking specifically to the EFF's ability to challenge patents, not a generic third party) your expressed opinions were in this piece.

I am very sympathetic to the argument that Unified Patents and other folks who offer "IPR insurance" now can't fight bad patents, but hopefully if the rules pass they will be able to convert to either a non-profit or a financing model that allows them to sidestep this rule.

Also, are you aware of the argument in favor of this change? In a recent case, a patent troll used an IPR claim to attempt to extort a patent owner when that patent was going through active litigation. Limiting IPRs from for-profit entities not practicing in the field (also a requirement in the rule change) when small companies are actively suing someone else honestly sounds reasonable in light of this. See: https://www.uspto.gov/sites/default/files/documents/ipr2021-...

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(Replying to PARENT post)

I'm aware that there are allegedly "bad" IPRs including the OpenSky case. The alleged "extortion" here is that VLSI, a non-practicing entity, I believe backed by a hedge fund, would lose their 20-year government monopoly and no longer be able to seek billions of dollars in court.

I have no idea who or what OpenSky is, and I don't weigh in on huge corporate cases like VLSI v. Intel where everyone has plenty of money for their own representation.

But it's really wild to me that this alleged "abuse" (that could lead to the loss of... a patent) immediately got the attention of officials, who are taking rapid action. Yet there are thousands of victims of patent troll extortion every year. These extortions are real, and documented, and hurt businesses that are much much smaller than VLSI. (and operate actual businesses, which AFAIK VLSI does not).

But here's the value proposition: It's just not wrong to challenge a government subsidy or monopoly. Period. Especially on computer software and hardware, because they're often wrongly granted.

Even if you accept that the OpenSky situation is the moral equivalent of patent trolling (I absolutely do not), it's happened to patent owners ONE time. (Maybe a few others, but it's a count-on-your-fingers thing). I wish people extorted by patent trolls for real money got 1/100th the attention of the tiny numbers of patent owners who lost (or almost lost) their patent monopolies.

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(Replying to PARENT post)

I've been convinced by your arguments about bad faith IPRs by for-profit entities! ... and therefore, I suggest the USPTO also prevent for-profits from filing patents.
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(Replying to PARENT post)

I would also like a response from @joemullin on this
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