As the U.S. Patent and Trademark Office (USPTO) weighs new proposals that critics warn would further flood courts with meritless lawsuits, it’s important to remember who benefits from tilting the rules of legal engagement in favor of patent infringement plaintiffs. Advocates for the USPTO’s proposed rules, and similar measures in the recently introduced PREVAIL Act, frame their position as standing up for small inventors. But claims about small inventors hide the ball. These changes would make USPTO processes for reviewing invalid patents harder to access as an alternative to litigation. Who really benefits when litigation is the only way to resolve patent validity disputes? Not small
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