Bonum Certa Men Certa

Why the US Political Debate About Patent 'Reform' is Still Deficient and the Legal System Probably Broken Beyond Repair

When the Establishment serves Power rather than Justice

Trump with supporters
Photo credit: Evan Guest, licensed under the Creative Commons Attribution 2.0 Generic license.



Summary: As the number of patents granted by the USPTO doubles (in just a few years), lawsuits leap through the roof, small businesses are severely harmed, and the political debate, the corporate media, the patent office and so on are all controlled by predators whose interests align with patent lawyers, patent lobbyists and their large clients (multinationals)

THE USPTO is the world's most dominant patent system. It issues patents on software even though it's becoming much harder a thing to enforce in a court of law, especially after Alice. Patent lawyers are still trying to undo or reverse Alice because it hit them where it hurts: patent scope.



Longing for Scalia/GOP Influence



Pro-patents (or patent maximalism) Web sites bemoan what they call "Change Inventorship on Issued U.S. Patent" and even long for corporations-leaning Justices like Scalia (see this new article by Louis Carbonneau), who died earlier this month, leaving SCOTUS more liberal (or leftist) than before.

"Patent lawyers are still trying to undo or reverse Alice because it hit them where it hurts: patent scope."As of last week, we have begun seeing the debate about patents resurfacing in US politics, even if it's the same old misguided debate about "patent trolls" rather than about patent scope. Here is the latest lobbying by patent maxlmalists (for USPTO lenience and greed). It says: "The U.S. government has a bad history of taking money from the USPTO. Since 1991, $1 billion has been skimmed from the office’s budget during the appropriations process and diverted to unrelated agencies. This isn’t taxpayer money, but fees paid to the USPTO by patent and trademark applicants (i.e., inventors and brand owners)."

Yeah, whatever...

"It has made a killing by doubling the number of granted patents (innovation did not double at all)."So now USPTO is the poor victim? It has made a killing by doubling the number of granted patents (innovation did not double at all).

"All these conclusions came together," wrote a respected patents blog the other day, "to confirm a finding that Colvin had intent-to-defraud the USPTO."

Foxes and Hen Houses



Well, generally speaking, the problem with the USPTO is that it's run by a lot of lawyers and thus it serves lawyers. The examiners there, who are mostly qualified scientists with practical experience, don't have much of a say. It more or less mirrors what happens in the EPO in the policy/scope sense. "Join free IP Seminar "Overcoming Alice in Electronic Signal Processing", March 10, Munich," wrote European patent lawyers the other day.

"Patent lawyers have a twisted view on things, where laws and rules are seen as obstacles to leap over rather than something that should be respected and obeyed."Well, "Overcoming Alice" is like "Overcoming the law," or simply getting around the rules. Patent lawyers have a twisted view on things, where laws and rules are seen as obstacles to leap over rather than something that should be respected and obeyed.

Watch this this article by Nicholas Landau (Bradley Arant Boult Cummings LLP). After the Alice decision at SCOTUS level (2014) the patent lawyers still struggle as they try to convince the public that software patents are legitimate and potent. They are not. That's ill advice. "Due to the rapidly shifting requirement for subject matter eligibility," says the author, "some patent examiners seem to believe that, when it comes to software inventions, they are entitled to assume the invention is not patent eligible subject matter under €§ 101, and it is the applicant’s duty to prove otherwise."

Well, "some patent examiners seem to believe..."

"Not too long ago Apple managed to bamboozle EPO examiners into granting it software patents, only to have them invalidated in a court (several times in fact)."So much for respect to examiners. They're viewed as naive and misguided by patent lawyers.

Apple's Bogus Software Patents



Not too long ago Apple managed to bamboozle EPO examiners into granting it software patents, only to have them invalidated in a court (several times in fact). These were invalidated only after the defendants had spent millions (in legal fees) and years in the courts defending Android/Linux. See this new article (among many on the subject) titled "Appeals Court Dumps Apple's Slide To Unlock Patent, Tosses Massive Jury Award Against Samsung In The Trash". To quote this non-mainstream/non-conformist piece from TechDirt: "Apple may have been able to convince a jury that Samsung violated a bunch of its patents, on concepts like "slide to unlock," but apparently the Court of Appeals for the Federal Circuit (CAFC) disagrees. Despite the court's reputation for regularly expanding the power of patents (and getting smacked around by the Supreme Court for doing so), CAFC has sided with Samsung and tossed out a jury's $120 million award and with it some Apple patents -- including "slide to unlock."

"This is the outcome of the infamous “thermonuclear war,” to quote the megalomaniac Steve Jobs, who simple could not stand competition."This is a software patents -- a callback functionality on a mock-up/design/UI.

This is the outcome of the infamous "thermonuclear war," to quote the megalomaniac Steve Jobs, who simple could not stand competition. Watch what people think of this misguided war. Even former Apple proponents are upset at Apple right now. Who is this good for anyway? Patent lawyers of course. As many people consider Apple to be anything but a patent troll (even if it does no manufacturing, mostly branding and design), it ought to be clear that the problem does not boil down only to patent trolls. We wrote about this very recently

More Patent Litigation for Happier (Richer) Patent Lawyers



See this new article from IP Watch. It says: "The United States worked hard over the last five years to reduce patent infringement suits. Congress enacted patent reform, the courts handed down important anti-patentee rulings, and the US Patent and Trademark Office began a campaign of energetically rejecting patents and patent claims. Despite all this, from 2014 to 2015, new patent infringement suits increased 18 percent and the number of defendants sued for patent infringement increased 21 percent. What went wrong?"

"It is an epidemic of feuds which software patents are a large cause of and patent lawyers are beneficiaries of."MIP also looked into litigation figures from 2015 and any way one looks at it, there's more litigation, which is hardly a positive development. It is an epidemic of feuds which software patents are a large cause of and patent lawyers are beneficiaries of.

Excessive Focus on Patent Trolls, Not Patent Scope



When it comes to US public policy, only "trolls" are currently mentioned as the problem. Matt Levy (CCIA) focuses on patent trolls, as usual, not on software patents, noting that "Tyler, TX Brags About Its “Friendliness” to Patent Trolls". Here is what patents do to small companies, as put in the words of United for Patent Reform the other day: "In 2014, 62% of companies sued by patent trolls had revenues <$100M. Ask Congress to protect #smallbiz & #fixpatents http://bit.ly/1FgqNiT "

"Even when cases are dismissed the legal costs can rarely be recovered by the damaged defendant (except in rare cases, like NewEgg's recent win)."Remember that this is a matter of life or death to them. To successfully shoot down a patent it can cost millions of dollars. Even when cases are dismissed the legal costs can rarely be recovered by the damaged defendant (except in rare cases, like NewEgg's recent win). To quote another new tweet: "Patent trolls sued 4000+ companies in 2015, incl. homebuilders & other #smallbiz. Congress needs to #fixpatents"

But not only trolls are the problem. Nevertheless, all the debate is about them. See for instance this new article titled "Bill Designed to Subdue “Patent Trolls” Loses Momentum". To quote:

Nearly a year after it was reintroduced and met with widespread support from House Republicans, the Innovation Act, designed to subdue “patent trolls,” has lost momentum after various businesses, universities, and conservative groups deemed it harmful to innovators.

Before the bill died in the Senate, the Innovation Act passed the House in 2013 after a substantial bipartisan vote of 325–91. A new bill reintroducing the Innovation Act, H.R. 9, which was formulated last July, has since passed the Judiciary Committee with a 24–8 vote.


Why not tackle the sorts of patents which patent trolls are using? They are not going after some utility companies over use of particular screw and pipe designs. They almost always use software patents. Therein lies the problem. Here is a new press release that says "Knowledge Group’s webcast entitled: “Emerging Issues: Patent Trolls and Deceptive Tactics - Impacts and Implications Explored!”"

"What about large companies that act like patent trolls and extort/blackmail small companies similarly?"What about patent scope? Not noteworthy? What about large companies that act like patent trolls and extort/blackmail small companies similarly? The patent propaganda alliance ("Innovation Alliance") has released this misleading statement on the matter, without even stating who’s funding it anyway. It's patent maximalists. The patent propaganda alliance pretends to represent SMEs with tweets such as CPIP's. It says: "Great to see recognition of importance of patents to startups at today's hearing!" Well, neither entity cares about startups. These are just patent maximalists and they pretend to speak for small businesses, just like Microsoft's ACT does.

"Get the facts straight," Gary Shapiro (president and CEO of Consumer Technology Association) wrote the other day. "Patent trolls drain $1.5B a week from the economy..."

Here is his article, "Patent trolls drain US economy," which says: "To preserve our nation’s entrepreneurial spirit and grow our innovation economy, patent trolls must be driven back under the bridge where they belong. Letting them run amok is, well, patent nonsense."

"Well, they should work hard to abolish software patents in the US, as that too would contribute a lot to trolls’ demise."The Consumer Technology Association (CTA) even issued a press release to express opposition to patent trolls, but what about patent scope? Not a word.

Another new article, "What retailers can do about patent trolls," was published the other day by Beth Provenzano. "We’ve been talking about patent reform for a while," she wrote, "and for good reason. The number of patent disputes reached a record high last year, and retailers are often the targets of “patent trolls” — companies that own patents for technologies they didn’t invent and don’t use."

"All that these things are doing is patent tax collection, like a vigilante knocking on every door to collect money for the vigilante that's supposedly intended to protect from the patent Mafia."Well, they should work hard to abolish software patents in the US, as that too would contribute a lot to trolls' demise.

Protection Money and the Vigilante Non-Solution



The solutions proposed by patent maximalists are not solutions but merely additions to the problem. ‘Protection money’ and vigilantes in the patent world don't make anyone any safer (overall), but this is what IAM is proposing in this article. To quote: "As a network designed to provide coverage from patent suits, Freedom has some obvious parallels with the License on Transfer Network (LOTNet). LOTNet was launched in 2014 by a group of operating companies led by Google. Those that join agree that if they transfer any patents to an NPE then the other members of the network automatically receive a licence to those patents. This is in large part because the vast majority of NPE lawsuits involve patents developed and filed by operating companies."

There is actually one such patent vigilante that calls itself "Freedom"? All that these things are doing is patent tax collection, like a vigilante knocking on every door to collect money for the vigilante that's supposedly intended to protect from the patent Mafia. Therein lies exacerbation of the issues/problem, but then again, when you're a patent lawyer, it's "mo' problems, mo' money."

Recent Techrights' Posts

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
 
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026