Anti-troll bill may expand CBM review to all patents

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Anti-troll bill may expand CBM review to all patents

A new bill aiming to curb patent trolls by expanding post-grant patent challenge proceedings has been introduced in the United States

The Stopping the Offensive Use of Patents (STOP) Act, which was introduced by Representatives Darrell Issa and Judy Chu, would expand Covered Business Method (CBM) Review under the AIA to include all types of patents.

The CBM review trial was introduced under the AIA to reduce the number of overly broad business method patents. A party accused of infringing a patent that is covered under Section 18 of the AIA can use the CMB review system to challenge its validity through the USPTO’s Patent Trial and Review Board (PTAB) as an alternative to litigation.

CBM review was introduced as a temporary measure in September 2012. It will end on September 15 2020, after which the USPTO will not accept any new petitions for CBM review.

The STOP Act, however, would make the PTAB proceedings permanent. It was drafted in conjunction with Senator Chuck Schumer, who has been working on the Patent Quality Improvement Act, and incorporates parts of that bill with some adjustments to tailor it to the AIA.

Laurent Crenshaw, Issa’s legislative director, told reporters during a press conference today that it is much cheaper for businesses to challenge the validity of patents under post-grant proceedings than it is for them to pursue litigation. The cost of attempting to have a patent invalidated under the STOP Act would be around $100,000 in fees and costs, including around $30,000 in USPTO fees, compared to multimillion-dollar litigation. In addition, multiple businesses targeted by one troll can split the fees and costs for the proceeding.

Crenshaw acknowledged that the bill is only a partial solution to the patent troll problem. Other pending legislation attempts to address other aspects of the issue, such as the litigation strategies employed by trolls.

“We are quite aware that there are other Congressional offices that are looking at other aspects of the problem so we don’t see this as being the end-all solution but we see it as a very important part of a problem that needs to be dealt with,” said Crenshaw.

The bill is supported by the Food Marketing Institute, an industry association that represents supermarkets. Retailers have increasingly become targets of patent trolls.

“The average profit in our industry is less than 1% so consumers absolutely take a hit from trolls,” said Erik Lieberman, regulatory counsel for the Food Marketing Institute. “Food prices are already forecast to increase by 3-5% this year.”

He said the Institute’s members often face demands from patent assertion entities for commonly used features such as rendering JPEGs and sending out text messages that have links embedded in them.

He described the STOP Act as “very important legislation that will help address the problem of trolls”.

more from across site and SHARED ros bottom lb

More from across our site

Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
The government’s keenly awaited view on AI and copyright has positive themes but leaves rights owners wanting, says Rebecca Newman at Addleshaw Goddard
While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
UKIPO will remain a competitive option as long as efficient service continues
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
Gift this article