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. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  2. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  3. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  4. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  5. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  6. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."



  7. Links 21/1/2020: Wine 5.0 and Red Hat Enterprise Linux 8.2 Beta

    Links for the day



  8. Startpage/System1 Almost Definitely Pay for People to Lie About Their Surveillance

    A longterm investigation suggests that there are forces in the debate that aren't objective and are being super evasive and dodgy; this typically happens only when somebody has much to hide



  9. The Internet is an Appalling Medium for News and It Has Only Gotten Worse

    Something ought to change in the way people gather and assess news; at the moment — as proper journalism runs out of steam (and budget) — things only deteriorate and quality suffers; this rapidly exacerbates as people come to rely on — and then relay — hearsay, not fact-checked bodies of work



  10. Media Reactions to the EPO Coming to Grips With Fake Patents That It Granted (Spoiler: the Media is Controlled by Lawyers of Monopolists and EPO Partners)

    Appalling quality of reporting and truly awful bias in the media, primarily owing to the fact that it is dominated/manned not by actual reporters but the firms looking to patent life itself; they use their lawyers and operatives who are literally funded by these lawyers (wearing "journalist" badges to mislead)



  11. Links 21/1/2020: EarlyOOM Fedora Decision and AMD Zen 3 Microcode

    Links for the day



  12. IRC Proceedings: Monday, January 20, 2020

    IRC logs for Monday, January 20, 2020



  13. Links 20/1/2020: MNT Reform, Linux 5.5 RC7, KMyMoney 5.0.8

    Links for the day



  14. Mansion of Pedophilia – Addendum: Accessing and Assessing Court Documents

    How anyone out there can do the job the media failed to do (after an apparently unprecedented arrest at the home of Bill Gates)



  15. Mansion of Pedophilia – Addendum: Progress on Police Request

    9 updates from the police department of Seattle but still nothing material/concrete, only promises and major delays



  16. IRC Proceedings: Sunday, January 19, 2020

    IRC logs for Sunday, January 19, 2020



  17. Mansion of Pedophilia – Part VIII: More Than 4 Months of Waiting for Police Department to Send Over the Files They Claim to Have an Issue Opening

    The police department (PD) of Seattle is unable to open its own files about arrest for pedophilia at Bill Gates' home; it has been unable to open these files for several months, it claims...



  18. Starting a GNU Replacement for GitHub, Possibly Based on GitLab

    "It might be easier if we start from the GitLab software," Stallman said



  19. European Commission Pushes for Even Greater Patent Maximalism Instead of Rationality, Patent Zealots' Site Cherry-Picks China as Whipping Boy

    Fear of China is being leveraged to promote an agenda of patent maximalists; the general idea they promote is that granting millions of low-quality patents is the only way to compete, even if in reality that merely handicaps the whole market



  20. CRISPR Patents Disallowed, But Where Are the Journalists?

    The narrative surrounding last week's decision against CRISPR patents may have been virtually monopolised by the litigation think tanks and law firms; it certainly feels like no journalism is left to rebut them, fact-check, and introspect



  21. Links 19/1/2020: Wine 5.0 RC6, Alpine 3.11.3

    Links for the day



  22. Judges Reject EPO Patents on Life as Constitutional Complaints Against the EPO Pile Up in Germany

    EPO judges throw out patents on life (CRISPR at least); there's now growing hope that they'll have the courage to do the same to patents on software



  23. IRC Proceedings: Saturday, January 18, 2020

    IRC logs for Saturday, January 18, 2020



  24. StartPage (System1) Found New Spin Allies. Some Have Been Offered StartPage Jobs. Some Might Already be Working for StartPage in Secret.

    Pro-StartPage voices appear to be paid (or have been promised pay) by StartPage; the key strategy of StartPage seems to be, attack and betray people's privacy while paying people in particular positions to pretend otherwise



  25. IRC Proceedings: Friday, January 17, 2020

    IRC logs for Friday, January 17, 2020



  26. Links 18/1/2020: Mir 1.7 and GNU Guile 3.0.0

    Links for the day



  27. IRC Proceedings: Thursday, January 16, 2020

    IRC logs for Thursday, January 16, 2020



  28. Links 16/1/2020: Mozilla Layoffs, PinePhone Braveheart Shipping, KDE Plasma 5.18 LTS Reaches Beta

    Links for the day



  29. Microsoft is a Market Leader in Lying and Corruption

    Microsoft is working hard to describe itself as the exact opposite of what it is and what it has been; ‘Internet rot’ helps a lot with this agenda, not to mention control of the media (the narrative)



  30. The European Patent Organisation Continues to 'Piss All Over' Separation of Powers

    The EPO continues to scatter invalid patents (IPs) that are European Patents (EPs) all over Europe and nobody can stop this, not even the judges of the EPO because they lack independence (by their very own admission)


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