EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.12.13

Patent System Errors of Scope

Posted in Patents at 11:49 am by Dr. Roy Schestowitz

USPTOSummary: The USPTO is subjected to more criticism for defending not innovation but largely maligned practices

US Congress is being slammed by a rather progressive lawyer for a flawed patent 'reform' (one of several bogus ‘reforms’ that we covered). To quote his words that he cross-posted in his good blog:

Congress passed the Leahy-Smith America Invents Act (AIA) (S.23), commonly referred to as “patent reform,” in September 2011. The AIA is widely acknowledged as the most important change to U.S. patent law since 1952. The AIA took years of legislative wrangling to pass, and it went through many, many iterations. The resulting law is a voluminous 59 PDF pages with 37 sections.
As it turns out, not only was this bill quite important, but for its length, it was quite buggy. With so many words and moving parts in the enacted law, it’s not surprising that some errors crept into the final version.

Kappos, in the mean time, is being sued as USPTO head:

Prior to KSR v. Teleflex, the Federal Circuit granted significant deference to the PTO on obviousness determinations; following KSR, that deference has only increased. Zumbiel v. Kappos represents possibly one of the more extreme examples of that deference. This appeal is unusual, however, in that it involves. substantial deference to the BPAI/PTAB’s finding that a claim is nonobvious, deference that is (in the dissent’s view) contrary to other aspects of the Court’s holding in KSR.

One patents-centric site says: “Reading through the tea leaves, the USPTO appears quite interested in exploring means-plus-function claiming with the software community.”

“More people need to speak about the USPTO itself.”This is not quite true, as we explained before. The bottom line is, a lot of pressure and a lot of unwanted attention hits the USPTO these days. It might not be long before outside intervention, such as the recent intervention from the US DOJ, will discredit and subsequently reform the USPTO, even forcibly.

It may sound strongly-worded, but the USPTO is our enemy, and those which exploit the USPTO (it is corruptible and generally just open to business) are not the best place to hit; misplaced criticism just doesn’t eradicate the problem at its root. More people need to speak about the USPTO itself. It’s where patents (arms) come from and addressing one company at a time (like hydra heads) just isn’t too effective.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

A Single Comment

  1. mcinsand said,

    January 13, 2013 at 2:49 pm

    Gravatar

    As Applesoft has consistently proven, issued patents in tech often have to do with gaming a broken system, with no innovation involved.

What Else is New


  1. Links 22/10/2014: Chromebooks Surge, NSA Android Endorsement

    Links for the day



  2. Links 21/10/2014: Debian Fork Debate, New GNU IceCat

    Links for the day



  3. Criminal Microsoft is Censoring the Web and Breaks Laws to Do So; the Web Should Censor (Remove) Microsoft

    Microsoft is still breaking the Internet using completely bogus takedown requests (an abuse of DMCA) and why Microsoft Windows, which contains weaponised back doors (shared with the NSA), should be banned from the Internet, not just from the Web



  4. Microsoft 'Loving' GNU/Linux and Other Corporate Media Fiction

    Microsoft has bullied or cleverly bribed enough technology-centric media sites to have them characterise Microsoft as a friend of Free/Open Source software (FOSS) that also "loves Linux"



  5. India May be Taking Bill Gates to Court for Misusing His So-called 'Charity' to Conduct Clinical Trials Without Consent on Behalf of Companies He Invests in

    Bill Gates may finally be pulled into the courtroom again, having been identified for large-scale abuses that he commits in the name of profit (not "charity")



  6. The Problems With Legal Workarounds, Patent Scope, and Expansion of Patent Trolls to the East

    Patent trolls are in the news again and it's rather important, albeit for various different reasons, more relevant than the ones covered here in the past



  7. Links 20/10/2014: Cloudera and Red Hat, Debian 7.7, and Vivid Vervet

    Links for the day



  8. Links 20/10/2014: 10 Years Since First Ubuntu Release

    Links for the day



  9. How Patent Lawyers Analyze Alice v. CLS Bank

    Breaking down a patent lawyer's analysis of a Supreme Court's decision that seemingly invalidated hundreds of thousands of software patents



  10. Is It Google's Turn to Head the USPTO Corporation?

    The industry-led USPTO continues to be coordinated by some of its biggest clients, despite issues associated with conflicting interests



  11. The EPO's Public Relations Disaster Amid Distrust From Within (and EPO Communications Chief Leaves): Part VII

    Amid unrest and suspicion of misconduct in the EPO's management (ongoing for months if not years), Transparency International steps in, but the EPO's management completely ignores Transparency International, refusing to collaborate; the PR chief of the EPO is apparently being pushed out in the mean time



  12. Links 18/10/2014: Debian Plans for Init Systems, Tails 1.2

    Links for the day



  13. Links 18/10/2014: New ELive, Android Expansion

    Links for the day



  14. Another Fresh Blow to Software Patents (and With Them Patent Trolls)

    Another new development shows that more burden of proof is to be put on the litigant, thus discouraging the most infamous serial patent aggressors and reducing the incentive to settle with a payment out of court



  15. Links 16/10/2014: New Android, SSL 3.0 Flaw

    Links for the day



  16. How the Corporate Press Deceives and Sells Microsoft Agenda

    Various new examples of media propaganda that distorts or makes up the facts (bias/lies by omission/selection) and where this is all coming from



  17. Vista 10 is Still Vapourware, But We Already Know It Will Increase Surveillance on Its Users and Contain Malicious Back Doors

    The villainous company which makes insecure-by-design operating systems will continue to do so, but in the mean time the corporate press covers only bugs in FOSS, not back doors in proprietary software



  18. Links 15/10/2014: KDE Plasma 5.1 is Out, GOG Reaches 100-Title Mark

    Links for the day



  19. With .NET Foundation Affiliation Xamarin is Another Step Closer to Being Absorbed by Microsoft

    Xamarin is not even trying to pretend that separation exists between Microsoft and its work; yet another collaboration is announced



  20. The EPO's Protection Triangle of Battistelli, Kongstad, and Topić: Part VI

    Jesper Kongstad, Benoît Battistelli, and Zeljko Topić are uncomfortably close personally and professionally, so suspicions arise that nepotism and protectionism play a negative role that negatively affects the European public



  21. Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

    It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?



  22. Links 14/10/2014: CAINE 6, New RHEL, Dronecode

    Links for the day



  23. Microsoft's Disdain for Women Steals the Show at a Women's Event

    Steve Ballmer's successor, Satya Nadella, is still too tactless to lie to the audience, having been given --through subversive means -- a platform at a conference that should have shunned Microsoft, a famously misogynistic company



  24. SCOTUS May Soon Put an End to the 'Copyrights on APIs' Question While Proprietary Giants Continue to Harass Android/Linux in Every Way Conceivable

    Google takes its fight over API freedom to the Supreme Court in the Unites States and it also takes that longstanding patent harassment from the Microsoft- and Apple-backed troll (Rockstar) out of East Texas



  25. Patent Lawsuits Almost Halved After SCOTUS Ruling on 'Abstract' Software Patents

    The barrier for acceptance of software patent applications is raised in the United States and patent lawsuits, many of which involve software these days, are down very sharply, based on new figures from Lex Machina



  26. Links 13/10/2014: ChromeOS and EXT, Debian Resists Systemd Domination

    Links for the day



  27. Links 12/10/2014: Blackphone Tablet, Sony's Firefox OS Port

    Links for the day



  28. Links 9/10/2014: Free Software in Germany, Lenovo Tablets With Android

    Links for the day



  29. Links 8/10/2014: A Lot of Linux+AMD News, New ROSA Desktop Is Out

    Links for the day



  30. Lawyers' Propaganda About Software Patents and a New AstroTurf Entity Called Innovation Alliance

    Patent propaganda and deception from patent lawyers (among other parasites such as patent trolls) continues to flood the Web, intersecting with reports that prove them totally wrong


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts