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

Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'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
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
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