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

01.11.17

The Patent Microcosm is Already Sucking up to Donald Trump in an Effort to Enrich Itself at Everyone’s Expense

Posted in America, Deception, Patents at 10:14 am by Dr. Roy Schestowitz

Patent maximalists have been spreading this meme for quite a few weeks if not months

Make Patents Great Again

Summary: Four new examples of patent maximalists embracing/adopting the pseudo-populist slogan to advance their goals of increasing litigation (which they profit from) and undermining PTAB (which made patents great in the quality sense)

IT IS OFTEN said that politicians flip sides (defect) or flush down their principles when a better opportunity arises. That is why many GOP politicians suddenly apologise and sidle with Trump, hoping to salvage/scrape some powerful position/s in his cabinet. The Republican Party as a whole has been like that; the same goes for the business world and even fellow oligarchs like Bill Gates. Suddenly they want to be friends with Trump, as they hope to get something from (or through) him.

“Suddenly they want to be friends with Trump, as they hope to get something from (or through) him.”This post is not political, however, and it isn’t intended to fall for the “left” [sic] versus “right” false dichotomy. This post is about the patent microcosm, which is a surrogate for a profession, not a political party (separate and partly overlapping dimensions). The patent microcosm has been "China"-baiting like Trump (even if he himself relies on China) and it pretends to stand for one thing while doing the opposite. For instance, it insists it’s interested in “innovation” — however one defines it — and in practice it crushes innovation.

“Make Patents Great Again” is a disturbing term (motto/slogan) we have been coming across for a while. We have already given examples where the patent microcosm spreads this term. Even a seemingly ‘leftist’ site like Patently-O does this right now (in the headline even!). What it speaks about is filling the swamp, so to speak, by appointing an utterly corrupt and disgraced judge, Mr. Rader (we wrote about his scandals many times in the past). To quote Patently-O: “Scott Graham of The National Law Journal reports that Chief Judge Rader is in the mix to be the next USPTO Director. Rader wrote hundreds of patent opinions during his 15 years on the Court of Appeals for the Federal Circuit, including four as Chief Judge. Prior to joining the judiciary, Rader spent eight years as counsel to the Senate Judiciary Committee’s Subcommittee on Patents, Trademarks, and Copyrights. He is a recipient of the Jefferson Medal for exceptional contributions to the field of intellectual property law. In a fairly minor scandal, Judge Rader resigned from the bench in 2014.”

“This whole “great again” meme/motto has become somewhat of a plague this year.”It wasn’t minor at all. It was a serious scandal.

The above screenshot (this rather disturbing photo of a hat where “great” means “litigation”) comes from an IAM tweet. As Benjamin Henrion said in his response, “make software patents great again -> they were never great.”

Even if they were, that would go back to the days when patents were few and of high quality. Right now they are anything but great because many of them are bogus, low quality, etc. We’re all in favour of patents being great; but what we mean by “great” is “high quality”, hence fewer (and thus more potent).

This whole “great again” meme/motto has become somewhat of a plague this year. For self gain again, as in “How Trump Can Make Intellectual Property Great Again” (new headline), “James Edwards [...] consultant on intellectual property and health policy,” writes:

On the path to making America great again, President-elect Donald Trump will have a tremendous opportunity to reverse the steady slide away from a property rights-oriented American patent system.

There are good reasons to believe a Trump administration will readily grasp this critical problem and work to revitalize the American patent regime.

First, someone like Trump who has succeeded so well on the world’s biggest stages in real estate development will readily understand the fundamental need for sound, secure, enforceable property rights. After all, you face huge risks and problems developing real estate if you haven’t first secured the rights to that property.

More lobbying of Trump? And again for patent maximalism? Under the guise of litigation being “great”? We expect a lot more of that in the coming months. The motto-isation of their agenda is a sick, selfish plot.

Peter Harter and Gene Quinn (Watchtroll) sort of support Trump in their desperate effort to revive software patents, having just published “Will Patent Courts Be Great Again?”

“More litigation (again) and a patent gold rush (again) isn’t what will make America (US) great. It’s actually one of the reason it’s not great and it’s why many small businesses perish.”Now they say “Patent Courts”… because what they want is not great patents (good quality) but a lot of litigation. And they profit from litigation…

“Hopefully it won’t take a rocket scientist to figure out that the PTAB is a controversial venue choice,” Watchtroll writes. No, it’s only controversial in the eyes of the patent microcosm, which simply hates PTAB because it does what’s right. They are concluding with “Courts can make patents great again in America. And if not they will at least be as active as they have been in the past 10 years in terms of shaping the patent dialogue.”

More litigation (again) and a patent gold rush (again) isn’t what will make America (US) great. It’s actually one of the reason it’s not great and it’s why many small businesses perish.

PTAB itself is working against bad patents and thus protecting small businesses. That’s what usually happens upon petitioning, which is affordable (unlike court cases that push start-ups towards bankruptcy). Recently we wrote about 8 wireless patents that got invalidated thanks to Section 101 and Dennis Crouch from Patently-O has a new article about Wi-Fi One v. Broadcom. It’s about PTAB. To quote: “The PTAB rejected Wi-Fi’s argument and call for discovery on the issue — holding that the “privy” requirement could only be met if Broadcom had the right to control the District Court litigation.”

“PTAB itself is working against bad patents and thus protecting small businesses.”Crouch also wrote about “Separation of Powers Restoration Act” and noted that “[f]or the [US]PTO, the change would open the door to challenge the PTO’s implementation of its PTAB Trial procedures as well as examination procedures, examination requirements, etc since any “rule” created by the PTO can be challenged with de novo review as well as any questions of law (even where the PTO has authority to make those determinations and was previously given deference).”

This kind of “separation of powers” is what the EPO was supposed to have (until President Battistelli attacked the equivalent of PTAB). Imagine a President Trump doing the same to PTAB in the US…

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. Leaked: Meeting in Secret, Jesper Kongstad-Led Council Decides EPO Judge is Guilty Until Proven Innocent

    This EPO document, which came out earlier today, includes brief news on the suspended DG3 member (a judge whom Battistelli does not like); it’s not exactly encouraging as it’s not apparent that the situation will be resolved any time soon (before end of tenure)



  2. Deconstructing the Latest 'Damage Control' From Team UPC Amid Demise of Unitary Patent Pipe Dreams

    A breakdown of responses to Britain's exit from the EU (as per Article 50), with its mortal impact on the Unified Patent Court that was long envisioned and lobbied for by the patent microcosm



  3. As Expected, Photo Op and Battistelli Lies Have Just Come Out, Hilariously Claiming “Higher Quality Patent Procedures”

    A short time after Techrights covered the meeting in which Battistelli would likely attempt to co-opt Lee for legitimisation the EPO does exactly what we predicted it would do



  4. Oral Arguments in the US Supreme Court (SCOTUS) Suggest That the TC Heartland Case Will Likely Crush the Eastern District of Texas, Presently Infested With Patent Trolls

    Courts of the Eastern District of Texas (EDTX or East Texas for short) might soon have to fold or resize, and the local economy adapt to accommodate something other than patent trolls and aggressors, based on words (questions) heard at the highest courtroom in the United States



  5. Devaluation of European Patents is a Recipe for Institutional Suicide and Immeasurable Harm to Europe's Economy

    The horrible vision and the enormous cost (not just to the European Patent Office) that Battistelli's policies will have on an entire continent explained in light of the situation in China, where the biggest patent bubble in human history is currently taking shape



  6. EPO is a Laughing Stock in International Media This Week (Quality of Patents) After Decades-Long Reputation Building

    The reputation of European Patents (EPs) is quickly going down the drain, as Battistelli defies the law and the very fundamental principles of patenting



  7. Director Michelle Lee Across the Table From EPO 'Mafioso' Benoît Battistelli

    Battistelli leaves the comfort of his secret penthouse (paid for by EPO budget) and apparently goes to America where things have been improving, unlike the EPO



  8. Links 30/3/2017: Vivaldi 1.8, GNOME 3.26 Release Schedule

    Links for the day



  9. Recognising the Death of Software Patents, Microsoft's Largest Ally in India Belatedly Joins the Linux-Centric Open Invention Network

    With the demise of software patents come some interesting new developments, including the decision at Infosys — historically very close to Microsoft and a proponent of software patents — to join the Open Invention Network (OIN)



  10. LG Not Only Suing Rivals Using Patents But is Also Passing Patents for Trolls Like Sentegra to Sue

    LG gives yet more reasons for a boycott, having just leveraged not just patents but also patent trolls in a battle against a competitor



  11. March 29th: The Day the Unitary Patent (UPC) Died

    Stating the obvious and proving us right amid Article 50 débâcle



  12. Kongstad and Battistelli Have Staged a Coup at the European Patent Organisation (EPO)

    Discussion about Battistelli and his chinchilla denying national representatives their rights and power to oust Battistelli, who is rapidly destroying not just the Office but also the whole Organisation, Europe's reputation, and the image of France



  13. Europe as the World's Laughing Stock When it Comes to Patent Quality/Scope and the Coming Appeals

    Criticism and embarrassing coverage for the EPO, which has just decided to grant patents even on genome, in defiance of a lot of things



  14. Links 29/3/2017: End of Linux Action Show, Top NSA Partner Pays Linux Foundation

    Links for the day



  15. In Attempt to Promote the Horrific UPC (Poor Quality of Patents Everywhere), Minnoye and Casado Cerviño Attack Their Own Staff for Saying the Truth

    An attack on truth itself -- the disintegration of the European Patent Office (EPO) -- carries on, after staff found the courage to tell delegates what had happened due to Battistelli's policies and incredible oppression that prevails and expands



  16. Another Likely Casualty of the Battistelli Regime at the EPO: Validity of Decisions of Terrified Boards of Appeal Judges

    Under pressure and habitual intervention from a demoralising, overreaching, and out-of-control President (from an entirely different division), examiners and judges 'normalise' the practice of granting patents on genetics -- a very slippery slope in terms of patent scope



  17. Benoît Battistelli 'Pulls an Erdoğan' Faster Than Erdoğan

    An explanation of what the imminent departure of Minnoye (this summer) will mean for Benoît Battistelli and his confidants, who now resemble some of the world's most ruthless dictatorships



  18. With Important Supreme Court Decisions Looming, Mainstream Media Tackles Patent Trolls

    The US Supreme Court (SCOTUS) will soon rule on TC Heartland and Lexmark, potentially restricting abusive patent behaviour even further (making room for freedom to innovate and for competition)



  19. IAM Magazine is Very Blatantly Promoting Patent Trolls and Their Agenda

    IAM Media, which produces a magazine every now and then while posting online every day, maintains its pro-trolls agenda, which is becoming so clear to see that it is definitely worth documenting yet again



  20. A “Perfect Recipe for Fraud” at the European Patent Office (EPO)

    How the world's leading patent office became a world-leading source of abuse, corruption, nepotism, injustice, incompetence, censorship, alleged bribery, pure deception, distortion of media, defamation, and suicides (among many other things)



  21. Techrights Was Right About the Unitary Patent (UPC)

    No Unified Patent Court in the UK and probably nothing like it in the rest of Europe any time soon (if ever)



  22. Patents on Life and Patents on Software Serve to Show That EPO Patent Quality Fell Well Behind the US (PTO)

    Anything goes at the EPO, except dissent; any patent application seems to be grantable, provided one uses simple tricks and persists against overworked examiners who are pressured to increase so-called 'production'



  23. Links 28/3/2017: Linux 4.11-rc4 Kernel Released, Red Hat Surge on Sales

    Links for the day



  24. The Crook Goes to Brussels to Lie About the Unitary Patent (UPC)

    The person who spent years lying about the UPC and severely attacking critics (usually by blatantly lying about them) goes to Brussels for another nose extension



  25. The EPO's HR Roadmap Retrospective

    A look back at the terrible ‘accomplishments’ of the Jesper Kongstad-led Administrative Council, which still issues hogwash and face-saving lies, as one might expect from a protector of Battistelli that lies to national representatives and buries inconvenient topics



  26. Links 26/3/2017: Debian Project Leader Elections, SecureDrop and Alexandre Oliva FSF Winners

    Links for the day



  27. His Master's Voice, Jesper Kongstad, Blocks Discussion of Investigative and Disciplinary Procedures at the EPO

    The Chairman of the Administrative Council of the European Patent Organisation is actively preventing not just the dismissal of Battistelli but also discussion of Battistelli's abuses



  28. Heiko Maas and the State of Germany Viewed as Increasingly Complicit in EPO Scandals and Toxic UPC Agenda

    It is becoming hard if not impossible to interpret silence and inaction from Maas as a form of endorsement for everything the EPO has been doing, with the German delegates displaying more of that apathy which in itself constitutes a form of complicity



  29. With IP Kat Coverage of EPO Scandals Coming to an End (Officially), Techrights and The Register Remain to Cover New Developments

    One final post about the end of Merpel’s EPO coverage, which is unfortunate but understandable given the EPO’s track record attacking the media, including blogs like IP Kat, sites of patent stakeholders, and even so-called media partners



  30. Everyone, Including Patent Law Firms, Will Suffer From the Demise of the EPO

    Concerns about quality of patents granted by the EPO (EPs) are publicly raised by industry/EPO insiders, albeit in an anonymous fashion


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