Hi Digital Rights Supporter,
The U.S. Patent and Trademark Office (USPTO) has proposed new rules that would severely restrict the public’s ability to challenge improperly granted patents. If adopted, they will give patent trolls exactly what they’ve wanted for years: a way to keep bad patents alive and out of reach.
For many people targeted with troll lawsuits, these rules would leave no realistic or affordable way to defend themselves.
The above link goes directly to the federal government comment site.
We’re asking EFF supporters to speak out against this proposal. Your comment does not need to be long or technical—the important thing is that everyday users, developers, and technology creators make their voices heard. The deadline to submit comments is Tuesday, December 2.
These rules target the inter partes review (IPR) process—the only practical way for the public to challenge junk patents without spending millions of dollars in federal court. When an IPR knocks out a bogus patent, the entire public benefits.
If you have personal experience with patent threats or patent trolls, please include it in your comment. Comments should be submitted under your real name and will become part of the public record.
Below is a simple suggested comment you can copy and paste. Adding a sentence or two of your own makes it even stronger. Mentioning EFF can help amplify our community's voice.
Sample Comment:
I oppose the USPTO’s proposed rule changes for inter partes review (IPR), Docket No. PTO-P-2025-0025. The IPR process must remain open and fair. Patent challenges should be decided on their merits, not shut out because of legal activity elsewhere. These rules would make it nearly impossible for the public to challenge bad patents, and that will harm innovation and everyday technology users.
These rules would undermine the process Congress created to correct the Patent Office’s own mistakes. They would make it easier for patent trolls to weaponize overbroad patents and harder for the public to push back.
The current USPTO leadership hasn’t shown much interest in taking feedback or making any meaningful reforms. But comments matter—they shape the public record, strengthen future challenges, and have stopped harmful proposals before. In 2023, more than a thousand EFF supporters spoke up and helped block a similar rule change.
Let’s make sure the public’s voice is impossible to ignore.
