Restricting Patent Challenges Will Harm Small Businesses

Abstract

This essay responds to efforts by the pharmaceutical industry to place limits on the types of entities that can petition the Patent Office to review the validity of issued patents. The piece argues that the basis for this opposition -- a series of challenges to drug patents brought by a hedge fund investor -- isn't really a problem at all, but rather is likely to benefit the public. Pointing to empirical evidence that non-manufacturers and small businesses are underrepresented among parties bringing PTO challenges, it also explains that restricting access to patent challenges will have a disproportionate impact on small business, which are the primary constituency current patent reform efforts are supposed to help.