Bonum Certa Men Certa

Patent System in the US Must Revert Back to Original Goals or Lose Credibility

The Patent Trial and Appeal Board (PTAB), run mostly by scientists, is a step towards the right balance

PTAB



Summary: A look at recent patent news, including the expected attacks on PTAB (from the patent maximalists/microcosm) and billing fraud at the USPTO (as well as attendance abuse)

"Another big plus is letting interns apply for patents under their own name," a puff piece about Adobe says, as if it's a dream come true to be granted a patent.



This, to us, demonstrates a profound issue. Patents as trophies.

Take another example, this one a new article from IP Watch. To quote: "A recent patent granted by the United States Patent and Trademark Office to a Colombian company stated where the genetic resource of the invention was taken from and described the access and benefit-sharing agreement made with indigenous communities. This might be the first time that such a statement appears in a US patent, according to a source."

"Thankfully, a solution is coming slowly, albeit not without resistance from the meta-industry which is patent law firms...""Access And Benefit Sharing" are right there in the headline. Remember the days when the patent system (well, so we're told!) was there to help inventors preserve/disseminate knowledge rather than sue or shake down others? Those days are long gone as a predatory meta-industry now steers public policies and wants everything patented. They're producing virtually nothing (patent law firms), just like patent trolls. Legal papers, litigation, billing etc. are not production but burdensome bureaucracy and lawyer elitism.

How did we get here and how do we get out of this trap? How do we return to a world where it's possible to code in peace, without fearing litigation over lines of code which were never copied/plagiarised but merely accomplish something similar to some words on hundreds of thousands of US patents on software?

Thankfully, a solution is coming slowly, albeit not without resistance from the meta-industry which is patent law firms and their large clients (companies like IBM and Microsoft; to a much lesser degree Google which actually suffers from the status quo, as we last noted last week). The patent microcosm keeps attacking PTAB and one element of this patent microcosm, IAM 'magazine', has just published a law firm's sponsored "REPORT" [sic] ranting that the "Patent Trial and Appeal Board (PTAB) introduced rule changes that went into effect in May this year." MIP, in the mean time, looks at PTAB upon its fourth anniversary. To quote its latest writing: "These included allowing patent owners to include relevant testimonial evidence with preliminary responses, clarifying that the district court claim construction standard will be used for patents that expire during a proceeding, adding a Rule-11-type certification for papers filed, and replacing page limits with word counts for briefings."

"According to this new article from Patently-O, the USPTO has plenty to hide, including "Billing Fraud at the USPTO" (the EPO too, allegedly, has similar fraud]) and "Examiner Time and Attendance Abuses"."MIP is now producing loaded questions that get positioned as headlines, for example "Is the Board too hard on motions to amend?"

As a reminder to readers, PTAB is the board which is responsible for getting rid of software patents faster than even courts do (as for the USPTO, it's busy trying to maximise income by granting almost everything).

"A USPTO report," says the above, "released in May revealed only 5% of motions to amend reviewed by the Board had been granted or granted in part – six of 118. A total of 192 motions to amend had been filed up to that point. A seventh motion to amend has since been granted, to ContentGuard in July.

"The USPTO said it released its report to "provide greater transparencies into our practices" and "aid the ongoing dialogue"."

Well, the USPTO sure seems to be more transparent than the EPO under Battistelli, but there's still a long way to go (see the USPTO documents we showed here last night).

According to this new article from Patently-O, the USPTO has plenty to hide, including "Billing Fraud at the USPTO" (the EPO too, allegedly, has similar fraud) and "Examiner Time and Attendance Abuses". To quote Patently-O, a "substantial number of patent examiners are involved in “time and attendance abuse” — working unsubstantiated hours" (so much for integrity of staff).

We sure hope that more people recognise the importance of PTAB's function. It has made enemies inside the patent microcosm because those suffering from PTAB are some of the biggest parasites out there. Unlike staff at the USPTO, PTAB staff isn't compelled to grant if in doubt. Staff isn't assessed by misguided Battistellite criteria.

Speaking of parasites, see this week-old article from Patently-O about the U.S. Government's "immunity against allegations of patent infringement." The patent system apparently isn't applicable to everyone. Some actors are less 'equal' than others. In the words of Patently-O:

The U.S. Government has waived its sovereign immunity against allegations of patent infringement. However, the infringement charges are not brought via Civil Action under the infringement definition of 35 U.S.C. 271. Rather, 28 U.S.C. €§ 1498 spells out that the infringement claim against the U.S. must be brought in the Court of Federal Claims (CFC) and that the remedy is limited to the “reasonable and entire compensation for [the Govt’s] use and manufacture.” The CFC does not allow for a jury nor will it award injunctive relief against the U.S.

Liberty sued the U.S. alleging that the ammunition rounds manufactured for and used by the Army are covered by Liberty’s U.S. Patent No. 7,748,325. In the 1990s and 2000s, the U.S. military became concerned that lead-based ammunition might be a form of harmful pollution – the patented ammunition here follows that lead by eliminating lead from the round while remaining lethal to soft-tissue targets (such as humans). According to the patent, the projectile (shown in the image above) separates into three portions upon striking a target. The projectile also includes a reduced-size jacket that limits barrel heat build-up.


If patents are a government-enforced monopoly which the government itself is exempted from (no liability), then no wonder the perception of justice is so elusive. Unless the patent system can revert back to sanity, where promotion of science and technology (or "innovation" as today's buzzword of choice) is paramount, people won't be happy and they will perpetually demand change.

In a sense, by ceasing to issue software patents the USPTO would appease some of its most vocal/loudest opponents (the proponents of software patents were parasitic all along) and also paralyse most patent trolls, enabling the USPTO to repair its reputation and welcome better applications.

Recent Techrights' Posts

Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
 
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day