As a result of the patent uncertainty created by the American Invents Act and establishment of  the PTAB, licensing declines and patent values are depressed. Innovation is consolidated in the hands of fewer companies. Independent inventors and SMEs suffer most.

​

Litigation is flat with little encouragement for patent holders to enter into costly disputes. Tech investment declines. Many ecommerce, software and social media unicorns (businesses whose value exceeds $1 billion) are no longer interested in patents. The U.S. Congress attempts to restore patent certainty and encourage innovation from and investment in businesses, entrepreneurs and inventors by introducing PERA and PREVAIL, whose merits are currently being debated.