A Florida man with a popular motorcycle patent is fighting landmark patent reform he claims will kill innovation, The New York Times reports.Self-described conservative Mark Stadnyk is suing to overturn the America Invents Act, a major overhaul that awards patents to the first organisations or people who file for them and not the first inventor.
The reform gives corporations a boost because they’ll be able to hire armies of lawyers race to the federal patent office to file their patent paperwork, Stadnyk contends.
“Others took on Obamacare, and this is my fight,” Stadnyk told The Times. “Somebody’s gotta do something.”
But Stadnyk’s constitutional challenge faces long odds even though he has prominent Washington lawyer Jonathan Massey on his side, the Times reported.
“There are people who didn’t like the outcome of the patent legislation, and they may be right in not liking the outcome,” Stanford Law Professor Mark Lemley said. “But that doesn’t make it unconstitutional.”
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