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

04.09.13

USPTO is Out of Control and Needs to be Rebooted (or Booted Out)

Posted in Patents at 10:25 am by Dr. Roy Schestowitz

David Kappos

Summary: More stories about the US patent system granting monopolies on too broad a range of ideas

The patent boosters say that Twitter, which promised not to sue with patents, claims to have ‘invented’ tweeting. Maybe it’s just not aware of syndication and SMS, which predate Twitter. To quote the patent boosters:

Now those of you who know me and have read my posts in the past, know that I am not a patent attorney myself (although I am married to one who is rather well known). Rather, I am a social media strategist — sometimes called The Social Media Diva™ — who uses Twitter and other social media platforms to assist my clients in their online marketing strategies. Quite frequently we will feature posts that analyze the technologies of an issued patent from the IP attorney perspective. We thought it would be fun for me to analyze this patent from a non-attorney standpoint as it pertains to social media platforms as a whole.

Rather than promising not to sue, as we said last year, Twitter could just refuse to patent. This is of no use against trolls anyway.

Rackspace, which is fighting patent trolls these days, is getting a hand from some lawyers who search for prior art along with geeks in Groklaw:

Rackspace is going after a troll, Parallel Iron and its “agent”, IP Navigation (or IPNav), bringing a declaratory judgment of noninfringement action against Parallel Iron, because it owns the patents and is asserting them against the Open Source Hadoop distributed file system ( Parallel’s patents being on storage-area-network and network-attached-storage equipment) and a breach of contract action against both. Since Rackspace says, as the H Online reports, one goal is “to highlight the tactics that IP Nav uses to divert hard-earned profits and precious capital from American businesses”, I thought we could pitch in and spread the word.

Why are those patents granted in the first place? Quite simply, the USPTO decided to give up on quality assessment and now it just grants almost everything. It’s the guilty until proven innocent mentality. Here is new analysis from Ars, citing a study of the backlog:

When David Kappos announced his resignation as head of the United States Patent and Trademark Office (USPTO) late last year, one of his most touted accomplishments was a significant reduction in the backlog of pending patent applications. Kappos’s fans have attributed this to the hiring of hundreds of additional patent examiners.

But a new study suggests another explanation for the declining backlog: the patent office may have lowered its standards, approving many patents that would have been (and in some cases, had been) rejected under the administration of George W. Bush. The authors—Chris Cotropia and Cecil Quillen of the University of Richmond and independent researcher Ogden Webster—used Freedom of Information Act requests to obtain detailed data about the fate of patent applications considered by the USPTO since 1996.

Watch what the USPTO has been causing. As covered by Ars as well:

Starting late last year, hundreds of US businesses began to receive demand letters from secretive patent-holding companies with six-letter gibberish names: AdzPro, GosNel, and JitNom. The letters state that using basic office equipment, like scanners that can send files to e-mail, infringes a series of patents owned by MPHJ Technologies. Unless the target companies make payments—which start at around $9,000 for the smallest targeted businesses but go up from there—they could face legal action.

The USPTO should be slammed for enabling extortion by granting a government-endorsed monopoly (privatisation) on scanning. Rather than slamming the trolls we should target the system which enables those trolls and call for its reform or complete demise. There is a coup going on against creativity, innovation, and freedom of thought. We need to defend ourselves from this corporate coup which passes fees from customers to some billionaires at the top (patent hoarders like Intellectual Ventures).

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

What Else is New


  1. Scanning Patent Troll Implodes; Is the Podcasting Patent Troll Next?

    MPHJ loses and Personal Audio LLC perhaps wins for the last time since software patents are quickly losing legitimacy in the United States



  2. If CAFC is Not Above the Law, Then it Should be Shut Down Now

    A long series of abuses in CAFC may as well suggest that this court has become broken beyond repair



  3. The Latest From Microsoft Patent Trolls and Patent Partners

    Microsoft-linked and Linux-hostile trolls continue their relentless attacks (albeit with little or no success) while patents as a weapon lose their teeth owing to a Supreme Court ruling



  4. Microsoft Proves That Its Massive Layoffs Are Not About Nokia

    Microsoft is laying off a lot of employees who have nothing at all to do with Nokia



  5. Links 19/9/2014: Another Red Hat Acquisition, Netflix Dumps Microsoft Silverlight and Brings DRM to WWW

    Links for the day



  6. Links 18/9/2014: Windows Copying GNU/Linux, Germany Moves to Security

    Links for the day



  7. Web Site 'Patent Progress' Now Officially 'Powered by CCIA' (FRAND Proponent, Microsoft Front)

    After talking a job at CCIA, "Patent Progress" and its chief author should be treated as dubious on real patent progress



  8. Articles About the Death of Software Patents in the United States

    Recent coverage of software patents and their demise in their country of origin, where even proponents of software patents are giving up



  9. The Death of Software Patents is Already Killing Some Major Patent Trolls

    VirnetX seems to be the latest victim of the demise of software patents in the United States



  10. More Microsoft Layoffs

    More Microsoft layoffs go ahead as the company is unable to compete



  11. ODF on the Rise

    Milestones for OpenDocument Format (ODF) and the launch of FixMyDocuments



  12. Links 17/9/2014: CoreOS, ChromeOS, and systemd

    Links for the day



  13. Italy is Cracking Down on Microsoft's Monopoly Abuse While Gradually Moving to GNU/Linux

    Italy is not only moving to Free/Open Source software but also to GNU/Linux while at the same time barring Microsoft from forcibly tying Windows to new PCs



  14. OpenSUSE's 'Assurances' Are Classic MBA School Hogwash

    OpenSUSE is not part of any commitment, except for SUSE's; the impact of the Novell/SUSE acquisition casts uncertainty on the project's future



  15. Links 16/9/2014: Firefox OS Smartphones in Bangladesh, “Treasure Map” of the Internet

    Links for the day



  16. The United Kingdom Should Dump Microsoft For the Sake of National Security

    The UK has issues of Microsoft dependency and Windows viruses; its migration to Free software and GNU/Linux is not fast enough to guard its autonomy in the age of digital imperialism



  17. CBS Hires Even More Microsoft Staff to Cover Microsoft Matters

    CBS continues to be infested with Microsoft staff past and present (this time Dave Johnson) and the bias in output is quite revealing



  18. Microsoft Has Just Killed Minecraft for GNU/Linux and the Possibility of Free/Open Source Releases

    Persson sells out to Microsoft and lets the abusive monopolist destroy the popular cross-platform game that a community has been built around



  19. Another Reason to Boycott Intel UEFI

    More anti-competitive aspects are revealed inside UEFI, which helps merginalise GNU/Linux



  20. Quick Mention: Novell and SUSE Passed to Microsoft's 'Partner of the Year', Microsoft Focus

    Novell is changing hands again, and falling into the hands of even more Microsoft-friendly actors



  21. Links 16/9/2014: Linux 3.17 RC5, KDE Frameworks 5.2.0

    Links for the day



  22. Željko Topić, Benoît Battistelli, and the European Patent Office (EPO): Part II

    Part II of our look into the EPO appointment of Željko Topić and other matters showing the dubious integrity of the EPO



  23. Links 14/9/2014: Android-based Watches Earn Optimism

    Links for the day



  24. Links 14/9/2014: Eucalyptus Devoured

    Links for the day



  25. Links 11/9/2014: Linux Toilet Project, Linux-Based Wheelchair Project

    Links for the day



  26. Links 10/9/2014: Brian Stevens in Google, Ubuntu 14.10 Expectations

    Links for the day



  27. Links 9/9/2014: Hating/Loving Linux, Android Aplenty

    Links for the day



  28. Links 8/9/2014: Linux 3.17 RC 4, Switzerland Welcoming Snowden

    Links for the day



  29. Suspicion of High-Level Corruption at the European Patent Office (EPO): Part I

    The European Patent Office (EPO) Vice-President has a background of corruption and his appointment to the EPO too is believed to be reliant on systemic corruption



  30. Links 6/9/2014: Core OS at DigitalOcean, Women in Xorg

    Links for the day


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