USIJ Comments on PTO Docket No. P 2023-0048 re: Exercise of Discretion

USIJ submitted comments to the Deputy Secretary of Commerce and Director of USPTO, Kathy Vidal, regarding Docket no. PTO-P-2023-0048. USIJ supports the Proposed Rule as a small step toward balancing patent owner rights and infringer rights, but is disappointed that key concerns were not addressed and believes more substantial reforms are needed to restore confidence in the U.S. patent system among venture capital investors and entrepreneurs.

‘“USIJ is largely supportive of the Proposed Rule as a small initial step in rebalancing the relative rights of patent owners with those of companies accused of infringement, which currently are heavily tilted in favor of infringers. It is helpful for all parties to know that there are guidelines for the exercise of the Director’s discretion in allowing post-grant proceedings to move forward. We are disappointed, however, that some of USIJ’s most significant concerns, as reflected in its responses to the ANPRM and the PTO Request are not addressed in the Proposed Rule, either specifically or by implication. Furthermore, we note that it is going to require much more than the simple adoption of guidelines for briefing discretionary denial requests to entice this cohort back into full use of the U.S. patent system that has been slowly squandered over the last ten years. Many of the country’s most important venture capital investors and entrepreneurs no longer regard the U.S. patent system as reliable and have turned their commitments of time and capital to other uses.”