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

Professor Eben Moglen on How Social Control Media Metabolises Humans and Constrains Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
Debian Left Twitter (MElon "X"), We Think the Free Software Foundation (FSF) Should Do the Same
What would the FSF really lose if it stopped posting there?
Tons of Anti-Linux 'Articles' Published by Bots (LLMs), Maybe Microsoft's
Upon closer inspection, all this FUD turned out to be LLM garbage
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
 
Gemini Links 07/02/2025: Mid-level Details and Simple Code
Links for the day
Links 07/02/2025: US 'Demolition Crew', e-ID Loopholes, and Sanctions
Links for the day
Social Control Media is Narcissism
Nowadays there's a lot more literature and even press coverage explaining the harms of Social Control Media
statCounter Sees GNU/Linux Share Doubling in China Over the Past Year
It'll be interesting to see what data in the coming months shows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 06, 2025
IRC logs for Thursday, February 06, 2025
Richard Stallman (RMS) Confirms Next Week's Talk in Europe
He gave at least 2 talks in Europe last month
Nationalism As A Service (NaaS) by Microsoft Azure, Gutting the US Government for Profit
Will Microsoft be receiving bailouts as a reward for all this?
Rumours of IBM Layoffs Apparently Confirmed Yesterday, IBM Canada Consulting Impacted (as Rumoured)
when IBM has layoffs we must also read it as Red Hat layoffs
Gemini Links 06/02/2025: Voicemail Sucks and Night of Lights
Links for the day
Links 06/02/2025: YouTube Takedowns Out of Control, 'DOGE' Breaking Laws
Links for the day
IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025