Engine and the Electronic Frontier Foundation submitted an amicus brief to the U.S. Supreme Court this week in United States v. Arthrex Inc. asking the Court to reconsider a Federal Circuit decision last year that found that administrative patent judges (APJs) of the Patent Trial and Appeal Board (PTAB) were unconstitutionally appointed.

Engine submitted comments to the U.S. Patent and Trademark Office this week in response to the agency’s request for comment concerning the exercise of discretion to deny inter partes review (IPR) petitions. IPR makes it easier for startups and other small businesses to push back against frivolous lawsuits brought by patent trolls, but the USPTO’s proposal would codify current policies and practices that weaken the patent review process. This would make it more difficult for startups to challenge low-quality patents and open the door to further abusive litigation.

Engine submitted an amicus brief to the U.S. Supreme Court this week asking the Court to reconsider the broad doctrine of “assignor estoppel,” which limits the ability of companies—especially startups—to challenge the validity of certain low-quality patents asserted against them.

Several startups and smaller tech companies have joined over 50 others—from automakers to telecommunications firms—in letters to Congress expressing concern about the increasing use of discretionary denials which leave invalid patents in force.

On both the domestic and global scale, startups need balanced, certain IP frameworks and policies which allow the free flow of data in order to grow and succeed. While efforts currently underway in China signal some potential progress on those fronts, there are indications that China’s evolving policy landscape may continue to present impediments to startups hoping to grow across the world.