1E9Ct5D

So far, these new USPTO tools have been invoked even more frequently than anticipatedto challenge patents of all sorts. 28These proceedings often result in the cancellation ofsome claims. 29VI. The Difficulties of Legislating against “Trolls”/PAE’s(Patent Assertion Entities)/NPEs (Non-Practicing Entities).Patents are crucial to technologically advanced countries like the U.S. Protectingintellectual property through strong patent rights is, therefore, significant to the economicstrength of the U.S. Consequently, it is crucial that any anti-troll/PAE/NPE legislation notaffect legitimate patent owners. Defining such patent owners can be very difficult, however,leading to proposed legislation that risks undermining “good” as well as “bad” patentowners.A. Difficulty #1: Patents Are Property Created by theConstitution.Patent rights did not originate from statute or case law but rather from the U.S. Constitution.Article I, Section 8 gives Congress the duty “To promote the Progress of Science anduseful Arts, by securing for limited Times to Authors and Inventors the exclusive Right totheir respective Writings and Discoveries.”28 Ryan Davis, AIA Reviews A Growing Worry for Patent Owners, Attys Say, Law360 (April 3, 2014),http://www.law360.com/articles/523215/.29 Id.10951932.2 16