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Supreme Court Affirms Bad Patents Exist, Saves Review Process

Lucy Van Schaijik · Jun 11, 2020 ·

In April, the U.S. Supreme Court made a strong statement against “bad patents” (patents granted despite failing the tests of patentability) and in support of the integrity of America’s patent system.

In a 7-2 ruling little noted outside the rarified world of intellectual property law, the justices reaffirmed the process that the Patent and Trademark Office (PTO) uses to take another look and eliminate bad patents. Meanwhile, some in Congress want to weaken this critical safeguard.

The legal issue in Thryv Inc. v. Click-to-Call Technologies was simple: Could a court overturn the PTO’s determination that a deadline had not passed for challenging a bad patent?

Read More: Bloomberg Law

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