Bonum Certa Men Certa

Institutional Corruption Like 'Pay to Play' Still Drives/Steers US Patent Law, Courtesy of Large Corporations and Their Lobbyists

Steering policy in exchange for money, having acquired contacts and connections

David Kappos as lobbyist
Source: David Kappos interview with Intellectual Property Magazine (2010), modified by us



Summary: IBM, David Kappos, Watchtroll and the rest of this software patents bunch as seen in the news and in forums this past week and half (policy-shaping echo chambers disguised as debates or "roundtables")

THE FORMER Director of the USPTO, David Kappos, came from IBM, one of the biggest patent bullies out there and also a worldwide lobbyist for software patents. It's therefore hardly surprising that after his career at the USPTO Kappos continues to promote all the worst aspects of a patent system. A lot of the current mess, including the very low success rate of patent lawsuits, can be attributed to this fool. How did he even get this job? Maybe some connections in high places and pressure on Obama or something...



"A lot of the current mess, including the very low success rate of patent lawsuits, can be attributed to this fool."Three years ago we said that the USPTO's software patents "roundtable" was rigged and last week we saw a similarly-rigged USPTO "roundtable" where no software developers were even present. It hardly ever gets any more farcical than this.

A few days ago we wrote about other new lobbying events that try to compel Congress to change the law in favour of software patents, in accordance with patent maximalists' Christmas wish list. The so-called IPWatchdog conference (we call it "Watchtroll") was truly a disgrace because again it's a case of patent law firms speaking about -- not for -- inventors. These firms want to gain at inventors' expense. Remember that Watchtroll is to patent news what Brietbart is to world news; its founder is a blowhard who habitually insults judges and smears PTAB with sexual connotations. Watchtroll tries to meddle in patent law by truly despicable strategies and for self gain, not for scholarly purposes or anything like that.

Patent maximalists like Kappos, as it turns out based on his new article at Watchdog, support this kind of horrible Watchtroll think tank. In Kappos' own words:

Recent changes to the U.S. patent system — emanating from both Congress and the courts — have pushed U.S. investment money overseas. To China, to be exact.

In his closing remarks to a recent Inventing America and IPWatchdog conference on dangers to the innovation economy, former U.S. Patent and Trademark Office director David Kappos said that in 2015, patent filings in China exceeded those of the next 20 countries.


What's noteworthy about this article is that here we have an IBM-funded former USPTO Director (now lobbyist for IBM) promoting software patents and then getting promoted by IBM's patent chief, Manny Schecter. To quote the alarmist, "Kappos: investments moving overseas in response to state of U.S. #patent law" (untrue).

We wonder when IBM will realise that it's a bad idea to pay a former USPTO official (who had worked for IBM beforehand) to be a software patents lobbyist. Institutional corruption is definitely what this is; that's a textbook example of it. Now that he is out of his lucrative job he converts influence and connections into money, on behalf of billionaires. It's a bit like revolving doors, except there is no direct affiliation (he operates via a proxy).

"If former officials are up for sale and they are meddling in the affairs of the Office, then it's a classic case of "pay to play" and unless we call out the culprits they will continue uninterrupted."As Benjamin Henrion put it, "this is propaganda at best."

Well, Schecter and IBM ought to know this because they are the ones who paid for this propaganda. They are still paying Kappos.

"Kappos is a lobbyist who needs lessons in basic economy," Henrion continued. "R&D done in China, good sold in the US" (indeed and moreover China is fast becoming a den of patent trolling).

The US patent system still suffers from a high level of corruption due to this man. If former officials are up for sale and they are meddling in the affairs of the Office, then it's a classic case of "pay to play" and unless we call out the culprits they will continue uninterrupted.

Recent Techrights' Posts

EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Microsoft Whistleblowers Explain How Brutal the Latest Cull is (Layoffs in Seconds-Long Calls, Mass Elimination of Whole Studios and High-Level Officials)
we see anonymous leakers or whistleblowers in the media today
 
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day
Links 16/07/2026: Slop Recognised as a Waste of Energy, Hong Kong Cracking Down on Dissent/Opposition Some More
Links for the day
GNU/Linux Approaching 5% "Market Share" in Oceania, Almost Trebling in 12 Months
It is difficult to ignore the gains made by GNU/Linux this month
Gemini Links 16/07/2026: esp32-gemserv, Slop-Contaminated Free Software, and Moving Systems
Links for the day
Last Summer Microsoft Mass Layoffs Came in Two Large Waves, Rumours Say Next Week Another Large Wave is Coming
If many more Microsoft layoffs are formally admitted next week we will not be surprised
Tomorrow is Another Strike Day at Europe's Second-Largest Institution, the Media is Still Deliberately Ignoring It
Fridays are now recommended “anchor days" for EPO strikes
Public Interest News Foundation Shows News Drought or News Deserts in the United Kingdom
Public Interest News Foundation shows that we should be deeply concerned
Illusions of Choice
Choices can be differently bad or equally bad
Windows Down to 10% in India
Windows is a "burning platform"
One Year Has Passed
Our aim is to repair an injured system wherein "abuse of process" can be turned into a weapon, leveraged even by foreigners who are funded by affluent third parties
Techrights is Annoying People Who Work for (and Serve) People Who Annoy (and Abuse) Society
Working against us (instead of with us) has historically been a bad strategy
No Skinnerboxes, No Slop, No False Idols or Corporate Prophets
Torvalds does not understand the everyday struggles of tech workers and tech users because he is a millionaire
IBM's Next Stop: $199 (Market Cap Already Under 2.5 Times IBM's Debt)
Don't rush to call us "sensationalist" over it
Links 16/07/2026: Solar Greenwashing by Energy-Wasting GAFAM and Growing Concerns About Harm by Social Control Media
Links for the day
Gemini Links 16/07/2026: Photography, Agility, and "Today I have Truly Become a Linux User."
Links for the day
Rebellion Brewing at Microsoft
As always, we welcome Microsoft whistleblowers
Technology Against Human Nature
Losing a sense of what it means to be alive
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 15, 2026
IRC logs for Wednesday, July 15, 2026
IBM Down to $211.20, the Market in General is Up
No recovery for IBM today
UEFI 'Secure Boot' Still Not Secure in 2026, New Holes (or Bypasses) Still Being Found
In 2026 there are still many people who call it "secure" and pretend to themselves that it is about security. It's not. It never was.
Gemini Links 15/07/2026: Lab 6, Retrospective 2, and "Getting Back Into Gemini"
Links for the day
Links 15/07/2026: "Gianni Infantino Under Fire" and "Todd Blanche's Record Raises Alarming Questions About the Future of the US DOJ"
Links for the day
Allegedly More IBM RAs (Mass Layoffs) Same Day the Stock Crashed
No paper trail, so it never happened, right?
Techrights Was Right: Microsoft's Layoffs Tally Was False, Far More People Are Being Sacked
"The Xbox Bloodbath Is Actually Way Bigger Than It Seems"
Get Ready for Increase in PIPs and RAs at IBM, Red Hat, and Other Companies Devoured by IBM
IBM's "market cap" has just fallen to 199 billion dollars and it has about 70 billion dollars in debt
IBM Sinking to Lowest Levels Since 2024, But Will Any Executives Be Arrested for Securities Fraud?
52-week high of $332.46 and now down to $212.94
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026