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

09.05.16

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

Posted in America, Patents at 6:15 am by Dr. Roy Schestowitz

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.

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. Inverting Narratives: IAM 'Magazine' Paints Massive Patent Bully Microsoft (Preying on the Weak) as a Defender of the Powerless

    Selective coverage and deliberate misinterpretation of Microsoft's tactics (patent settlement under threat, disguised as "pre-installation of some of the US company’s software products") as seen in IAM almost every week these days



  2. The Sickness of the EPO – Part I: Motivation for New Series of Articles

    An introduction or prelude to a long series of upcoming posts, whose purpose is to show governance by coercion, pressure, retribution and tribalism rather than professional relationship between human beings at the European Patent Office (EPO)



  3. Insensitivity at the EPO’s Management – Part VII: EPO Hypocrisy on Cancer and Lack of Feedback to and From ECPC

    The European Cancer Patient Coalition (ECPC), which calls itself "the largest European cancer patients' umbrella organisation," fails to fulfill its duties, says a source of ours, and the EPO makes things even worse



  4. Links 21/2/2017: KDE Plasma 5.9.2 in Chakra GNU/Linux, pfSense 2.3.3

    Links for the day



  5. EPO Caricature: Battistelli's Wall

    Battistelli's solution to everything at the EPO is exclusion and barriers



  6. The 'New' Microsoft is Still Acting Like a Dangerous Cult in an Effort to Hijack and/or Undermine All Free/Open Source Software

    In an effort to combat any large deployment of non-Microsoft software, the company goes personal and attempts to overthrow even management that is not receptive to Microsoft's agenda



  7. PTAB Petitioned to Help Against Patent Troll InfoGation Corp., Which Goes After Linux/Android OEMs in China

    A new example of software patents against Free software, or trolls against companies that are distributing freedom-respecting software from a country where these patents are not even potent (they don't exist there)



  8. Links 20/2/2017: Linux 4.10, LineageOS Milestone

    Links for the day



  9. No, Doing Mathematical Operations on a Processor Does Not Make Algorithms Patent-Eligible

    Old and familiar tricks -- a method for tricking examiners into the idea that algorithms are actual machines -- are being peddled by Watchtroll again



  10. Paid-for UPC Proponent, IAM 'Magazine', Debunked on UPC Again

    The impact of the corrupted (by EPO money) media goes further than one might expect and even 'borrows' out-of-date news in order to promote the UPC



  11. Lack of Justice in and Around the EPO Drawing Scrutiny

    The status of the EPO as an entity above the law (in Germany, the Netherlands, Switzerland and so on) is becoming the subject of press reports and staff is leaving in large numbers



  12. Links 19/2/2017: GParted 0.28.1, LibreOffice Donations Record

    Links for the day



  13. The EPO is Becoming an Embarrassment to Europe and a Growing Threat to the European Union

    The increasingly pathetic moves by Battistelli and the ever-declining image/status of the EPO (only 0% of polled stakeholders approve Battistelli's management) is causing damage to the reputation of the European Union, even if the EPO is not a European Union organ but an international one



  14. Patent Misconceptions Promoted by the Patent Meta-Industry

    Cherry-picking one's way into the perception of patent eligibility for software and the misguided belief that without patents there will be no innovation



  15. As the United States Shuts Its Door on Low-Quality Patents the Patent Trolls Move to Asia

    Disintegration of Intellectual Ventures (further shrinkage after losing software patents at CAFC), China's massive patent bubble, and Singapore's implicit invitation/facilitation of patent trolls (bubble economy)



  16. Links 17/2/2017: Wine 2.2, New Ubuntu LTS

    Links for the day



  17. Bad Advice From Mintz Levin and Bejin Bieneman PLC Would Have People Believe That Software Patents Are Still Worth Pursuing

    The latest examples of misleading articles which, in spite of the avalanche of software patents in the United States, continue to promote these



  18. Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

    Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"



  19. SoftBank Group, New Owner of ARM, Could Potentially Become (in Part) a Patent Troll or an Aggressor Like Qualcomm

    SoftBank grabbed headlines (in the West at least) when it bought ARM, but will it soon grab headlines for going after practicing companies using a bunch of patents that it got from Inventergy, ARM, and beyond?



  20. Technicolor, Having Turned Into a Patent Troll, Attacks Android/Tizen/Linux With Patents in Europe

    Technicolor, which a lot of the media portrayed as a patent troll in previous years (especially after it had sued Apple, HTC and Samsung), is now taking action against Samsung in Europe (Paris, Dusseldorf and Mannheim)



  21. Michelle Lee is Still “in Charge” of the US Patent System

    Contrary to a malicious whispering campaign against Lee (a coup attempt, courtesy of patent maximalists who make a living from mass litigation), she is still in charge of the USPTO



  22. Our Assessment: EPO Wants a Lot of Low-Quality Patents and Low-Paid Staff With UPC (Prosecution Galore)

    The European Patent Office seems to be less interested in examination and more interested in facilitating overzealous prosecution all across Europe and beyond; The Administrative Council has shown no signs that it is interested in profound changes, except those proposed by Battistelli in the face of growing resistance from staff and from ordinary stakeholders



  23. Links 16/2/2017: HITMAN for GNU/Linux, Go 1.8

    Links for the day



  24. Yet More Complaints About the European Patent Office in the Bavarian Regional Government

    Some German politicians do care about the welfare of EPO staff, a lot more so than the EPO's management that is actively crushing this staff



  25. EPO Staff Representatives to Escalate Complaint About Severe Injustices to the EPO's Secretive Board 28

    In a new letter to President Benoît Battistelli it is made abundantly apparent -- however politely -- that Battistelli's gross abuses could further complicate things for Battistelli, who is already embroiled in a fight with his predecessor, Roland Grossenbacher



  26. New Survey Reveals That High Patent Quality, or Elimination of Bad Patents, is Desirable to Patent Holders

    A new survey from Bloomberg BNA and AIPLA reveals that the Patent Trial and Appeal Board (PTAB), which still grows in prominence, is supported by people who have themselves gotten patents (not those who are in the bureaucracy of patents and self-serving politics)



  27. Open Patent Office is Not the Solution; Ending Software Patents is the Solution

    Our remarks about the goals and methods of the newly-established Open Patent Office and what is instead needed in order to combat the menace that threatens software development



  28. New Scholarly Paper Says “UK’s Withdrawal From the EU Could Mean That the Entire (Unitary Patent) System Will Not Go Into Effect”

    A paper from academics -- not from the patent microcosm (for a change) -- provides a more sobering interpretation, suggesting quite rightly that the UPC can't happen in the UK (or in Europe), or simply not endure if some front groups such as CIPA somehow managed to bamboozle politicians into it (ratification in haste, before the facts are known)



  29. Patent Trolls Update: Rodney Gilstrap Maintains His Support for Trolls, MPEG-LA Goes Hunting in China, and Blackberry Hits Nokia

    A roundup of the latest news about patent trolls and what they are up to in the United States, Europe, and Asia



  30. Guest Post: EPO, an Idyllic Place to Work

    The true face of the EPO as explained by an insider, recalling the history that led to the negative image and toxic work atmosphere


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