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

Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Birss Replaces Vos in UK's High Court, LLM Slop Plagiarism a Contentious Issue
Only days ago we mentioned Sir Geoffrey Vos in relation to lobbying for LLM slop
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
 
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026
Links 30/10/2026: "Over 41,000 DHS Employee Records Leaked Online" and Concerns Over Radicalism in France
Links for the day
Intercontinental Brigading - Part XXIV - It's an Inherently American Issue and American Elections Are at Risk From Restricted ('Secure') Boot and LLM Chatbots (Disinformation at Scale)
We'll focus a lot on US elections in the coming days
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026
The Metric is Not the Mission
"Passing Thoughts" by Andy
More Than 5 Years Have Passed Since Official Release of Vista 11 and in the US It's Measured as Only 3 Times Bigger Than GNU/Linux on the Desktop/Laptop
If mobile is culled from the statistics, then GNU/Linux is somewhere near 11%
It's About Intention, Not Attrition, at Microsoft
Microsoft does in fact aim to push many workers off the cliff
The Next 50 Years of Emacs (and GNU)
GNU's founder made the widely used editor, GNU Emacs
Links 29/10/2026: Microsoft-Connected and Funded Openwashing at FOSDEM, Tragedy in Spain
Links for the day
Gemini Links 29/10/2026: London, Worcestershire, and Robot Exclusion Protocol
Links for the day
The Register MS is Publishing Spam About "AI" for HP, Sponsored by HP, Even Composed by HP
Or "HPE" as they choose to call themselves (with the hype of "enterprise")
Links 29/10/2026: Anthropic Still Sued Over Copyright Infringement (Plagiarism Isn't "Training"), Elon Musk Openly Admits He Helps Putin Crush Ukraine
Links for the day
Intercontinental Brigading - Part XXI - Techrights Was Right, So Why Was It Punished by Lawfare While the Culprits Walk Away Scot-free?
Techrights did a public service, cautioning about real risks to the public, but the people who caused the problems walk away scot-free
Intercontinental Brigading - Part XXII - Still "Radio Silence" From "Restricted Boot" Perpetrators (After Techrights Proven Right Again)
Maybe when they sober up they'll say something...
'Secure' Boot Is Not Secure, Here Are News Reports About the Latest Evidence
We'll be linking to this page in the future as evidence of the catastrophe
No, Microsoft Isn't Doing Well (It Has Struggled for a Long Time)
Microsoft isn't growing, the shares are a Ponzi scheme of sorts
What Makes Techrights a Community
Communities can accomplish a lot. They cannot be "bought" and "sold", they're based on trust, mutual respect, and shared ideology.
Linux Links 29/10/2026: Refractor Stargazing and Making Better Use of RAM in Linux
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 28, 2026
IRC logs for Wednesday, October 28, 2026