Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) Statistics and New Chief Judge Who is Really a Scientist

PTAB helps eliminate many software patents by properly reassessing them

David Ruschke
David Ruschke's 'official' photo



Summary: The US board which has been responsible for the elimination of many software patents (patent lawyers dub it "patent death squad") is to be boosted by Dr. David Ruschke, who is more than just a judge

NOWADAYS, more so than before, the EPO and USPTO both rush to approve applications under pressure from above. The examiners are forced into that; prior art search is increasingly just a 'luxury' (growing workload) and it shows. How about reviewing bogus patents upon request? Well, that would diminish the number of patents Battistelli et al can brag about, so such divisions (like the Boards of Appeal in Europe) are understaffed and marginalised, especially in recent years. At the EPO, based on some recent reports, the boards now suffer from a massive backlog and cannot eliminate bogus patents quickly enough (more on that another day, maybe tomorrow). It is also worth noting that the judge whom Battistelli suspended is very technical, unlike Battistelli himself (maybe a cause for envy).



"At the EPO, based on some recent reports, the boards now suffer from a massive backlog and cannot eliminate bogus patents quickly enough (more on that another day, maybe tomorrow)."Earlier this week we found a lot of coverage about PTAB, which is in some sense (not in the whole sense) similar to Europe's boards in at least some of the undertaken functions. MIP wrote: "A new USPTO study reveals the Patent Trial and Appeal Board (PTAB) has granted 5% of the motions to amend that it has had a chance to review and is on track to have about 50 motions filed this year, consistent with the level filed in 2013 and 2015" (PTAB is only a few years old itself).

IAM said: "One of the criticisms leveled at the post-issuance reviews procedures is that while the USPTO’s Patent Trial and Appeal Board has been only too happy to invalidate patents in a review, patent owners are given little opportunity to amend the claims under threat."

WIPR put the figure (percentage) in the headline and said: "The US Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) has granted 5% of motions to amend claims since its inception nearly four years ago, new figures have revealed.

"In data published by the PTAB, the board said it has granted, or granted-in-part, six requests to amend claims in 118 trials.

"The figures, published yesterday, May 9, were in response to concerns about the lack of accepted motions to amend claims in all of the PTAB’s proceedings."

Claim amendments typically help the applicant defend a controversial patent (or bogus patent), so the lower this ratio, the better the patent quality maintained by the board/s.

Patently-O pushed out an article by Saurabh Vishnubhakat, Associate Professor of Law at the Texas A&M University School of Law. Vishnubhakat wrote: "This action is itself a milestone, as the USPTO has designated only three other opinions as precedential over the last 22 months."

"Claim amendments typically help the applicant defend a controversial patent (or bogus patent), so the lower this ratio, the better the patent quality maintained by the board/s."Going back to MIP, it turns out there is a new PTAB chief judge. To quote: "The USPTO has announced a new chief judge of the Patent Trial and Appeal Board, after 10 months of Nathan Kelley serving as acting chief judge" (just 10 months). Ruschke was mentioned by a controversial patents-centric site where it says he "holds a PhD in organometallic chemistry from the Massachusetts Institute of Technology and a BS in chemistry from the University of Minnesota." Well, at least he's a scientist, for a change. He has background in "medical devices" or something along those lines. Here is the press release about this appointment and other coverage (mostly covered by technical and lawyer's news sites).

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
 
Why the Microsoft People Who Started SLAPPs Against Techrights Could Very Well be Sent Back to Prison
White-collar crime is also a crime
The Company Run by Former (and Last Proper) Red Hat CEO, Promoting Microsoft Mono, Faces Shock as Senior Partner Jailed for 33 Sexual Offenses Including Pedophilia
"As reported by The Oxford Mail in April 2025, the offenses include rape, sexual assault, engaging in non-penetrative activity with a child, and more."
Microsoft Lost 29% of Windows Users, Based on Microsoft, Now Come Massive Layoffs
Microsoft collapse is today
Slopwatch: Google Serves to People Linux Slop and Linux FUD (Made by Bots)
"Slopwatch" finds it difficult to ignore Google's role in encouraging LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 01, 2025
IRC logs for Tuesday, July 01, 2025
"Wayland People" Behave Like the Googles and Microsofts of This World
Published yesterday by Igor Ljubuncic
Gemini Links 02/07/2025: Arch Linux and Fulfillment in Gemini
Links for the day
Links 01/07/2025: "Independence Day in Taiwan", Bounties on Software Patents
Links for the day
What Happens When Your Law Firm is Preoccupied With Harassing and Trying to Extort a Humble Couple in Manchester, Even on Behalf of Violent Microsoft Staff From Another Continent
It's good to see that law firms which operate in bad faith are perishing
Lawyer X, Law Firm X and Elon Musk's X: scandals linked by Old Xaverian
Reprinted with permission from Daniel Pocock
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day