Bonum Certa Men Certa

Patent Fights Over Reform Focus (Marginalising Small Actors), Courts (Judges) Versus Patent Offices (Large Businesses)

EPO boards



Summary: Two powerplays (or 'Turf Wars'), one involving the scope/scale of patent aggressors being tackled and another involving justice versus greed (or so-called 'production')

THE latest bill (among several) which claims to be tackling the patent chaos in the United States was covered by the EFF the other day. To quote: "The Trade Protection Not Troll Protection Act is the newest of several patent reform bills introduced in Congress this session. Introduced by Reps. Tony Cardenaz (D-CA) and Blake Farenthold (R-TX), H.R. 4829 addresses patent litigation’s lesser known forum, the United States International Trade Commission (ITC), a federal agency that investigates unfair trade practices."

They are still dodging reform revolving around patent scope, neglecting to see (maybe not deliberately) that many patent trolls rely on software patents. As many as three quarters of them attack legitimate companies using software patents, which means that eliminating software patents would almost eliminate the trolls (among other patent aggressors). Companies such as Microsoft and IBM want politicians distracted by and thus obsessed with "trolls", hence leaving the large patent aggressors (hardly any different from trolls) untouched.

"As many as three quarters of them attack legitimate companies using software patents, which means that eliminating software patents would almost eliminate the trolls (among other patent aggressors)."Alice has changed a lot since the SCOTUS ruling on the case. Software patents should nowadays be assumed invalid until/unless proven otherwise by something not as corruptible as a for-profit system (patent laywers or patent offices) but a pro-justice system (courts and TTAB or PTAB [1, 2]). We were reminded of that in light of this new post euphemistically titled "Presumption Against Improper Inventorship". "Here," says Patently-O, "the Federal Circuit reviewed the evidence presented and agreed that it was ambiguous at best. As such it was insufficient to overcome the ‘heavy burden.’"

What we have here is justice (courts) versus a production line (the greed-motivated USPTO). Another Patently-O post was titled "Battles between the PTO and Courts" (regarding the USPTO, as it relates to trademarks as well). To quote: "Back in the district court, Alabama then asked for and received a new order from the district court judge — this time expressly ordering the USPTO to vacate its prior determination. The court wrote: “In June 2015, the TTAB essentially (and inexplicably) treated the court’s Order as a request, and issued a decision refusing to comply with this court’s Order.”"

What's noteworthy here is the divergence or the difference between a court's position and the position of those who profit from just accepting everything (rejections discourage further applications or high application frequency). In the case of the EPO, for instance, Battistelli hates judges so much that he illegally banned one of them from going to work (an act legalised by the clueless Battistelli only after the act) and now threatens to eliminate the boards. They stand in the way of his "production" propaganda [1, 2, 3] because they keep highlighting errors and intimidate potential applicants (by simply doing their job, which is assuring patent quality).

Recent Techrights' Posts

SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
 
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day
Links 20/08/2026: 'Linux' Foundation Promoting Slop Hype for Money (Hype as a Service), Malaysia’s Exports Jump 38% Year-on-Year
Links for the day
Gemini Links 20/08/2026: A "Break From Routine" and "Modem Was the Problem"
Links for the day
Clownflare Reckons GNU/Linux is on Almost 1 in 10 Laptops/Desktops in Western Europe
Western Europe and China are leaving more of GAFAM behind them
Looking Ahead at September
Rianne and I look forward to a productive September
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026