A proposed rule from the US Patent and Trademark Office (USPTO) aims to simplify and expedite the invalidation of related patents based on the invalidity of any claim in one patent. This rule could severely impact inventors, as nearly 20% of patents issued in 2023 were interrelated. It also contradicts congressional intent and US litigation realities, potentially allowing challengers to target weak claims to invalidate stronger, related patents without proving their invalidity. The rule could lead to unnecessary litigation, increased prosecution costs, and discourage small inventors from obtaining critical patents. Critics argue that the proposal is unnecessary, harmful, and should be withdrawn to protect the patent system and American innovation.
See "US Inventors Would Be Badly Harmed Under Proposed Patent Rule", Alyssa Caridis, Clement Seth Roberts, and Irena Royzman , Bloomberg Law , June 26, 2024