EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

07.16.16

The Importance of the Patent Trial and Appeal Board (PTAB) and High-Quality Patents (Not Software Patents)

Posted in America, Deception, Patents at 3:54 pm by Dr. Roy Schestowitz

The following paper conflates patent strength/quality with patent maximalism (i.e. ease of patenting and suing)

CPIP paper

Summary: Strong patents rather than strong patent enforcement (i.e. ease of legal abuse) help discern the difference between successful economies and self-destructive economies

THE Open Invention Network (OIN), which we covered in the last post, is closely connected to (even overlapping at places) IBM. An entity called RPX, which we wrote about many times before (see Wikipedia article), was set up or propped up with help from IBM to counter Microsoft’s patent troll, Intellectual Ventures. “In an interview,” said a Microsoft-friendly site 8 years ago, “RPX founders John Amster and Geoffrey Barker said they left Intellectual Ventures on good terms but had philosophical differences with the firm’s approach. Neither of the co-CEOs would elaborate on those differences, instead highlighting how RPX plans to make inroads in the murky area of patent acquisition.” So one might say that they’re poison from the same pool.

According to Managing IP (MIP), “PTAB grants attorneys fees for first time, to RPX”. To quote:

The Patent Trial and Appeal Board has awarded attorneys fees for the first time, ruling that Applications in Internet Time violated a protective order in its handling of RPX’s confidential information

Sanctions in Patent Trial and Appeal Board (PTAB) proceedings have been rare. But on July 1 the Board awarded attorneys fees for the first time.

This is a reason for concern because there are many people and companies out there that wish to demolish PTAB by any means possible. PTAB invalidates a lot of software patents these days. “The Patent Trial and Appeal Board has granted a rare motion to amend, in a covered business method review that focused on the construction of the term “meta-rights”,” MIP wrote in a later article.

“Battistelli lowered patent quality at the Office (to make bogus claims about so-called ‘production’), so the last thing he needs is independent oversight/scrutiny over patent quality.”One might choose to think of PTAB as the US equivalent of the appeal boards of the EPO, which Battistelli fights so viciously against. Battistelli lowered patent quality at the Office (to make bogus claims about so-called ‘production’), so the last thing he needs is independent oversight/scrutiny over patent quality.

Patent quality control, or “strong patents” as some might call it, helps determine economic strength in some cases. Regarding this very recent article titled “How Strong Patents Make Wealthy Nations” (actually more like patent maximalism, not quality control) Benjamin Henrion just joked. The article is actually academic (unlike the paper, which is self-serving as one might expect from CPIP) and it comes from George Mason University, more specifically the Antonin Scalia Law School. Scalia, as we noted here before, was not too crazy when it comes to patents (unlike in many other areas) and the article quotes Professor Stephen Haber of Stanford University as saying “there is a causal relationship between strong patents and innovation.” The article itself says in the conclusion: “Given the copious evidence showing that strong patents make wealthy nations, the IP critics have their work cut out for them” (see corresponding PDF).

“That is more or less what happens in China and it has created a patent bubble (false evaluation of patents based on their number, not quality).”It would be easy to just grant a patent for every application and never properly assess or reassess triviality, prior art etc. That is more or less what happens in China and it has created a patent bubble (false evaluation of patents based on their number, not quality). In order for the USPTO to redeem its reputation it will need more of PTAB (hiring of more staff to cope with the growing load/demand) and the same goes for the EPO, which must hire more technical judges rather than drive them to exile and leave a lot of vacant positions while raising costs so as to lower demand).

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 24/5/2017: New RHEL Beta, SteamOS Updated

    Links for the day



  2. Great News: While IBM et al Try to Undermine Patent Reform the Supreme Court Deepens the Reform in TC Heartland Case

    In a unanimous decision, with the court ruling 8-0 against TC Heartland, the monkey business in East Texas (beneficial to patent trolls and large businesses that leverage software patents) may have just come to an end



  3. Speculations About Battistelli's End of Term, Campinos at EUIPO, and Failed UPC Ambitions

    Rumours and speculations surrounding the fate of the EPO's leadership now that the UPC gravy train is stuck again and Battistelli's protector, Jesper Kongstad, is about to leave



  4. Martijn van Dam is Wrong to Believe That Battistelli's Abuses Are Somehow Acceptable or Tolerable Because His Term is Possibly Ending

    Coverage of Martijn van Dam’s stance (he is the Dutch State Secretary for Economic Affairs) reveals that economic gain trumps ethics and justice, irrespective of what the law says



  5. Media and Staff Association Elections at EPO and WIPO Are Compromised

    A campaign of abuse (legal bullying) and gifting to the media, combined with a wide-ranging assault on critics who represent the interests of staff, have led WIPO and EPO down the route to totality



  6. New Documents Help Demonstrate That ILO Delivers Institutional Injustice to EPO Employees and Cushions Team Battistelli

    The International Labour Organisation Administrative Tribunal (ILOAT) delivers not justice but merely the illusion of justice, probably in defiance of Article 6 of the European Convention on Human Rights (ECHR)



  7. Leaked: 2017 European Inventor Award Finalists, or Stooges Whom the Tyrant Battistelli Exploits for PR Purposes and Media Manipulation

    The stupidest ceremony in Europe (turning serious science into something sketchy such as Eurovision) is disliked among EPO staff and is exploited by the person who destroys the EPO (Benoît Battistelli) to pretend all is fine and dandy, at huge expense to the Office (as extraordinary as about 5 million Euros for a ~2-hour show)



  8. EPO: Can the Staff Union of the European Patent Office (SUEPO) Still Save It?

    Genuine concerns about the slow process at the European Court of Human Rights (ECHR) and the lack of progress at ILO, which coincide with weakening of the unions and threat to jobs of patent examiners (leaving ordinary Europeans more vulnerable to meritless patent lawsuits)



  9. Links 21/5/2017: Linux 3.18.53, Tizen 4.0

    Links for the day



  10. Cloudflare's Enemy is Software Patents, Not Just One Software Patent or One Patent Troll

    With a bounty of $50,000, which is likely less than the cost of legal defense, Cloudflare looks for help with its own case rather than the underlying issues that need tackling worldwide



  11. Patent Laws -- and Especially Eligibility of Software Patents -- Are Being Hijacked by Large Corporations and Their Front Groups

    Intervention by large multinational corporations and their lawyers, front groups, etc. (like the classic lobbying model) gives room for concern in multiple continents where most software development is done



  12. Links 18/5/2017: Catching Up With the Past Three Days

    Links for the day



  13. The US Supreme Court Consults USPTO Director Michelle Lee Regarding the Patent Trial and Appeal Board (PTAB) Which is Invalidating Software Patents With CAFC's Approval

    Software patents continue to get knocked out by the Leahy-Smith America Invents Act (AIA) whose introduction of PTAB gave a helping hand to companies that are susceptible to abusive litigation (with bogus patents)



  14. IBM and Its Revolving Doors Lobby Are Plotting to Undermine Supreme Court Rulings to Restore Patentability of Software

    IBM has become so evil that it is now trying to steal democracy, label programmers "thieves", and basically attack the rule of law by extra-judicially overturning a Supreme Court decision



  15. 3 Years After the Alice Case at the Supreme Court the Plague of Software Patents is Easier to Cope With

    Litigation figures are down, rejection rates of software patents remain high, and only spin (e.g. cherry-picking) or constant lobbying can save those who used to profit from software patents



  16. The Attacks of Patent Trolls as Outlined in the Media This Past Week

    An outline of some of the latest troll cases to be aware of and their consequences too (e.g. software patents being used to literally shut down entire programs)



  17. Links 14/5/2017: Linux 4.12 RC1 and KDE Frameworks 5.34.0

    Links for the day



  18. Industry Giants Challenge Qualcomm's Patent Practices While the Federal Trade Commission (FTC) Closely Examines Such Behavior

    Scrutiny of Qualcomm's patent aggression and coercion -- scrutiny that can profoundly change the way software patents, SEPs and FRAND are viewed -- as seen in various amicus briefs (amici) from industry giants that are affected



  19. Professor Lisa Larrimore Ouellette Questions Whether Patents Work When Patent Scope is Too Broad

    Citing MIT economist (and MacArthur “genius”) Heidi Williams, Professor Lisa Larrimore Ouellette from Stanford challenges old myths and quotes: “we still have essentially no credible empirical evidence on the seemingly simple question of whether stronger patent rights—either longer patent terms or broader patent rights—encourage research investments.”



  20. OIN is Still a Distraction Unless We Want GNU/Linux to Coexist With Software Patents (Rather Than Eliminate Those)

    Another wave of media coverage by/for the Open Invention Network (OIN) necessitates a reminder of what OIN stands for and why it is not tackling the biggest problems which Free/Open Source software (FOSS) faces



  21. Links 13/5/2017: Neptune Plasma 5 ISO, a Shift to Free (FOSS) Databases

    Links for the day



  22. Countries With a Dozen European Patents Are an Easy Photo-Op 'Sell' for Battistelli While the EPO's Demise is Largely Ignored by the Patent Microcosm

    Behind the façade of legitimacy, the EPO suffers from an incompetent, insecure and delusional boss, whose actions will almost certainly lead to the collapse of both the Office and the entire Organisation (whose founding document he routinely shreds to pieces)



  23. Our Assessment: Unitary Patent (UPC) Will Crumble Along With Battistelli's Regime at the EPO

    A reflection and an opinion on where the EPO stands and what it means for the UPC, which doesn't seem to be going anywhere (it's all talk and lobbying)



  24. The European Patent Office Has a Long History/Track Record of 'Screwing' Contractors

    The European Patent Office (EPO) appears to have quite an extensive track record/reputation for ‘screwing’ contractors and then misusing immunity to get away with it



  25. Links 12/5/2017: Wine 2.8, Kdenlive 17.04.1, NHS Windows Syndrome

    Links for the day



  26. Links 11/5/2017: New OpenShot, GIMP, and GNOME (3.24.2)

    Links for the day



  27. The Sickness of the EPO – Part IX: Using Confidential Medical Records as a Weapon Against Staff

    In defiance/violation of labour laws and medical oaths etc. the EPO is passing around medical information, either for dismissal pretexts or a sort of blackmail -- a serious abuse in its own right



  28. The EPO is in Disarray and Additional Complaints to the European Court of Human Rights (ECHR) May Be Imminent

    Team Battistelli reaps what it has sown, as complaints are being made to a court with “47 member states [that] are contracting parties to the Convention,” (European Convention on Human Rights) according to Wikipedia



  29. By Promoting the UPC, in Defiance of Public Will, the EPO Has Become Patent Trolls' Best Friend

    The patent–industrial complex, aided by the EPO under Battistelli's iron-fisted reign, is trying to convince us that the UPC is coming soon and that it is desirable (it's neither of those things)



  30. Links 10/5/2017: Mesa 17.1, Git 2.13, Qt Creator 4.3 RC1, MINIX 3.4 RC6

    Links for the day


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts