According to William Havemann, a lawyer representing the U.S. Patent and Trademark Office, “Congress did not take away any right” through the AIA, but rather provided an alternative route for patent adjudication by an “expert government agency,” citing a 1995 Federal Circuit decision in Patlex Corp. v. Mossinghoff that upheld the agency’s authority to conduct patent re-examinations. That case, Havemann said, correctly deemed patents “public rights” that can only be conferred by the USPTO.
“A patent is a creature of Congress … a monopoly that operates against the public at large,” Havemann told the panel.
I usually scoff at internet pundits who declare that America is going to hell in a handbasket but the above excerpt (emphasis mine) illustrates perfectly why the US is continuously losing ground in its battle to protect corporate intellectual property whether it be individual small inventors or larger companies who spent millions on R&D.
Here is a guy who we indirectly- as taxpayers-presumably pay and the USPTO employs who has a thing against patents.
Outrageous!
