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

01.10.16

Technology Companies at CES Lash Out at the USPTO for Enabling ‘Extortion Rackets’

Posted in America, Patents at 6:35 pm by Dr. Roy Schestowitz

Not only the EPO equips patent racketeers

Capone

Summary: The U.S. Patent and Trademark Office (USPTO) is finally being accused by companies and people who are suffering from patents (those which it so habitually grants, including software patents) of enabling “extortion rackets”, to quote a respected journalist who attended or covered a session with Michelle Lee, the Director of the USPTO

THE just-ended expo in the United States, CES, revealed the first CES raids [1, 2] that we’re aware of. In fact, only in Europe have we heard of/seen such scenes before [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. Companies that were at CES reportedly complained to the USPTO about the state of affairs. A highly-reputed journalist was there and wrote that “tech industry still hates patent trolls, but it’s starting to have good things to say about the government agency that issues the patents those trolls later wield in what amounts to a legalized extortion racket.”

“When we accused the EPO of doing something similar the EPO threatened to sue.”Well, companies like Microsoft do this as well, not just patent trolls. Racket is what it is, or an “extortion racket.” We have been saying this for years. When we accused the EPO of doing something similar the EPO threatened to sue. The report continues with: “That was the somewhat surprising conclusion of a panel discussion at CES Friday morning that featured some of the leading critics of the current patent system — and was introduced by Michelle Lee, director of the U.S. Patent and Trademark Office.”

The USPTO still issues software patents (and issued even more of them before); these are the sorts of patents that almost all patent trolls are using, so the USPTO ought to be held at least partly accountable. Ever since the Court of Appeals for the Federal Circuit (CAFC) gave the green light to software patents the USPTO has issued hundreds of thousands of software patents. CAFC, as we have shown before, is corrupt at several levels (see past articles) and hence highly biased. Patents lawyers’ fronts such as Post-Grant Practice Group (profiting from patent maximalism) have just latched onto CAFC, as expected, saying that “efficacy of objective evidence of non-obviousness (i.e., secondary indicia) hinges on the ability to demonstrate a “nexus” between the evidence and the subject patent claims. This is because such evidence cannot be accorded substantial weight absent a nexus to the claimed invention. As pointed out in a previous post a compelling showing of nexus is more likely in the unpredictable arts where specific formulations, dosages and the like are more readily correlated to such secondary indicia as commercial success and long-felt but unsolved needs.”

“It is evident that producing technology companies (excepting monopolies that use their brands and their patents, not production) are dissatisfied with the status quo.”The wording/words in the above article/blog are designed to mislead (they’re hard to read/follow because clarity isn’t the goal). What they are trying to allude to, in simpler terms, is that “non-obviousness” (i.e. difficulty of coming up with an idea) can be demonstrated with claims (in the patent application) and evidence. A lot of these foreign language (or cryptic) terms are the way patent lawyers make their business. They make the language (legalese) hard for many people to follow (even to examiners who are purely technical) and this way they can trick people into granting what’s not grantable (patent-ineligible).

There still needs to emerge a movement strong enough and broad enough to antagonise the likes of CAFC, the USPTO, and patent lawyers because they are all patent maximalists. Maximalism benefits them directly. It is evident that producing technology companies (excepting monopolies that use their brands and their patents, not production) are dissatisfied with the status quo.

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. Links 22/5/2019: Mesa 19.0.5, Huawei and GNU/Linux, Curl 7.65.0, End of Antergos, Tails 3.14, ownCloud Server 10.2, Firefox 67.0

    Links for the day



  2. Quality of Patents is Going Down the Drain and Courts Have Certainly Noticed

    Uncertainty or lack of confidence in the patent system has reached appalling levels because heads of patent offices are just striving to grant as many patents as possible, irrespective of the underlying law



  3. EUIPO and EPO Abuses Growingly Inseparable

    'Musical chairs' at CEIPI and the EPO/EUIPO (Battistelli, Archambeau, Campinos) as well as joint reports never fail to reveal the extent to which EPO abuses are spreading



  4. Links 21/5/2019: China's GAFAM Exit, DragonFlyBSD 5.4.3

    Links for the day



  5. Links 20/5/2019: Linux 5.2 RC1, LibreOffice 6.3 Alpha, DXVK 1.2.1, Bison 3.4 Released

    Links for the day



  6. South Korea's Government Will Show If Microsoft Loves Linux or Just Attacks It Very Viciously Like It Did in Munich

    Microsoft's hatred of all things GNU/Linux is always put to the test when someone 'dares' use it outside Microsoft's control and cash cows (e.g. Azure and Vista 10/WSL); will Microsoft combat its longstanding urge to corrupt or oust officials with the courage to say "no" to Microsoft?



  7. Links 19/5/2019: KDE Applications 19.04.1 in FlatHub and GNU/Linux Adoption

    Links for the day



  8. The War on Patent Quality

    A look at the EPO's reluctance to admit errors and resistance to the EPC, which is its very founding document



  9. Watchtroll, Composed by Patent Trolls, Calls the American Patent System “Corrupt”

    Another very fine piece from Watchtroll comes from very fine patent trolls who cheer for Donald Trump as if he's the one who tackles corruption rather than spreading it



  10. Unified Patent Court Won't Happen Just Because the Litigation Microcosm Wants It

    Unified Patent Court (UPC) hopefuls are quote-mining and cherry-picking to manufacture the false impression that the UPC is just around the corner when in reality the UPC is pretty much dead (but not buried yet)



  11. Links 17/5/2019: South Korea's GNU/Linux Pivot, Linux 5.1.3

    Links for the day



  12. Q2 Midterm Weather Forecast for EPOnia, Part 4: Happy Birthday to the Kötter Group?

    This year the Kötter Group commemorates the 85th anniversary of its existence. But is it really a cause for celebration or would a less self-congratulatory approach be more fitting? And does it create the risk that a routine tendering exercise at the EPO will turn into Operation Charlie Foxtrot?



  13. Links 16/5/2019: Cockpit 194, VMware Acquires Bitnami, Another Wine Announcement and Krita 4.2.0 Beta

    Links for the day



  14. The EPO's Key Function -- Like the UPC's Vision -- Has Virtually Collapsed

    The EPO no longer issues good patents and staff is extremely unhappy; but the Office tries to create an alternate (false) reality and issues intentionally misleading statements



  15. Stanford's NPE Litigation Database Makes a Nice Addition in the Fight Against Software Patent Trolls

    As the United States of America becomes less trolls- and software patents-friendly (often conflated with plaintiff (un)friendliness) it's important to have accurate data which documents the numbers and motivates better policy; The NPE (troll) Litigation Database is a move towards that and it's free to access/use



  16. Q2 Midterm Weather Forecast for EPOnia, Part 3: “Ein kritikwürdiges Unternehmen”

    A brief account of some further controversies in which the Kötter Group has been involved and its strained relations with German trade unions such as Verdi



  17. EPO Had a Leakage Problem and Privacy of Stakeholders Was Compromised, Affecting at Least 100 Cases

    The confidentiality principle was compromised at the EPO and stakeholders weren't told about it (there was a coverup)



  18. Links 15/5/2019: More Linux Patches and More Known Intel Bugs

    Links for the day



  19. False Hope for Patent Maximalists and Litigation Zealots

    Patent litigation predators in the United States, along with Team UPC in Europe, are trying to manufacture optimistic predictions; a quick and rather shallow critical analysis reveals their lies and distortions



  20. The Race to the Bottom of Patent Quality at the EPO

    The EPO has become more like a rubber-stamper than a patent office — a fact that worries senior staff who witnessed this gradual and troublesome transition (from quality to raw quantity)



  21. Q2 Midterm Weather Forecast for EPOnia, Part 2: Meet the Kötters

    An introduction to the Kötter Group, the private security conglomerate which is lined up for the award of a juicy EUR 30 million contract for the provision of security services at the EPO



  22. Links 14/5/2019: Red Hat Satellite 6.5, NVIDIA 430.14 Linux Driver and New Security Bug (MDS)

    Links for the day



  23. Links 14/5/2019: GNU/Linux in Kerala, DXVK 1.2, KDE Frameworks 5.58.0 Released

    Links for the day



  24. Q2 Midterm Weather Forecast for EPOnia, Part 1: Urgent Shitstorm Alert

    Experts at the European Patent Office's (EPO) weather observation station have just issued an urgent alert warning about a major shitstorm looming on the horizon



  25. Patents That Were Gleefully Granted by the EPO Continue to Perish in Courts

    The decreasing quality of granted European Patents already becomes a growing problem if not a crisis of uncertainty



  26. Links 13/5/2019: ExTiX 19.5 and GNU Radio Conference 2019

    Links for the day



  27. The Microsoft Guide to the Open Source Galaxy

    Thou shalt not...



  28. Microsoft Would Kill the Goose for Money

    Microsoft is just 'monetising' Open Source by using it as 'bait' for Microsoft's proprietary software; those who we might expect to antagonise this have effectively been bribed by Microsoft



  29. Links 13/5/2019: Nanonote 1.2.0, OpenMandriva Lx 4.0 RC, and GNUnet 0.11.4

    Links for the day



  30. Professionally Incompetent EPO Management

    The EPO remains an awful employer, with top-level management largely responsible for the loss of talent and even money


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

Recent Posts