The U.S. patent system, which should fuel invention, is increasingly being abused to hinder innovation. It desperately needs reform, and there’s one critical fix that can happen today to help ensure the system works for innovators and entrepreneurs of all sizes.
Kathi Vidal, the Biden administration’s nominee to lead the U.S. Patent and Trademark Office (USPTO), recently had her confirmation hearing before the Senate Judiciary Committee. Senators from both parties — including Democrat Patrick Leahy of Vermont and Republican Thom Tillis of North Carolina — asked Vidal about issues related to the NHK-Fintiv rule, which was unilaterally imposed by the previous USPTO director in direct contradiction to bipartisan legislation passed by Congress. NHK-Fintiv restricts access to transparent, expert infringement claim review at the USPTO, instead forcing innovators to enter into expensive litigation or settlements.
