Bonum Certa Men Certa

US Supreme Court (SCOTUS) Keeps Introducing Changes to Patent Law and Patent Policy Under the Trump Administration Still Looks OK

No indications yet of a doomsday scenario like highly regressive patent policies

The leadership staff Leadership positions mostly vacant as of today (screenshot taken minutes ago)



Michelle Lee listed Michelle Lee still listed



Summary: Judging by what we are seeing so far this year, the US patent system won't be going back into the sordid mess it once was, thanks in part to the Justices of the US Supreme Court and the America Invents Act, signed into law over half a decade ago

2017 is looking pretty good so far, especially if leadership of the USPTO remains the same (we are still waiting for an official confirmation, as we last noted last night). There are some upcoming SCOTUS cases that promise to change the patent system for the better.



"There are some upcoming SCOTUS cases that promise to change the patent system for the better."With the Lexmark case pending -- a case on which the Electronic Frontier Foundation (EFF) weighed in -- some people have reasons for optimism. Today we found quite a few news articles about it, e.g. "How Lexmark's patent fight to crush an ink reseller will affect us all" (from the British media), "Supreme Court Should Block Printer Company’s Ploy to Undermine Consumer Rights" (from the EFF), "Printer Co. Urges Justices To Uphold 'Bedrock' IP Standard" (from the patent micrososm's site), and "Consumer Rights at Center of Impression v. Lexmark Supreme Court Case, Groups Argue" (from Public Knowledge). To quote from that last one:

The following may be attributed to Charles Duan, Director of the Patent Reform Project at Public Knowledge:

“We are proud to stand with a diverse group of organizations in supporting the most basic consumer right, the right to use one’s own property without interference from the seller.

“Today, companies who make consumer products go to astounding lengths to control what consumers may do with the products they purchase. Manufacturers and their product terms of service have gone so far as to cut off consumers’ right to speak about products, to block product safety research, to restrain competition, and to eliminate the most basic property rights to use and resell one’s own possessions.

“Patent exhaustion has long stood as a bulwark of consumer protection, preventing seller companies from overrunning the rights and expectations of buyers. We hope that the Supreme Court continues to recognize the importance of patent exhaustion as a consumer protection doctrine.”


An article from yesterday, published by Matthew Berkowitz, Patrick Colsher, Mark Hannemann, Eric Lucas, Thomas Makin, and Joseph Purcell of Shearman & Sterling LLP, speaks of the recent reforms, which were initiated by Obama with AIA, later culminating in SCOTUS cases like Alice:

Predicting Patent Policy Under the Trump Administration



The America Invents Act (“AIA”), signed into law by President Obama on September 16, 2011, was the biggest legislative overhaul to the United States patent system since the Patent Act of 1952. Among other changes, the AIA moved the U.S. to a first-inventor-to-file patent system, created a variety of new post-grant validity proceedings, and eliminated “best-mode” as a litigation defense. The AIA received broad bi-partisan support in both Congressional chambers over the objections of the National Small Business Administration, which argued that the first-to-file provisions would favor “large incumbent corporations.”1 Since its enactment, the AIA has already significantly changed the patent landscape for stakeholders and practitioners alike. For example, inter partes review proceedings have exploded in popularity and have drastically affected litigation strategy, arguably making it much more difficult for patent owners to enforce their patents.

[...]

This article provides informed speculation on the Trump Administration’s potential positions on patent policy, especially as it contrasts with what patent practitioners were expecting from Ms. Clinton.


So far we have not seen any reason to panic over Trump when it comes to patent policy -- a topic on which he has been totally cryptic throughout his campaign. We hope to see more of the same, i.e. a continuation of SCOTUS rulings in favour of patent reform and AIA-related initiatives such as PTAB. Speaking of PTAB, there is this Federal Circuit case from some days ago in which software patents "survived" (a term used by the patent microcosm) and two articles that we saw about it [1, 2] associate that with Alice by saying: "The Federal Circuit on Wednesday upheld a lower court’s decision that two Trading Technologies International Inc. electronic trading patents are not invalid under the U.S. Supreme Court’s Alice ruling, leaving intact a $16 million jury verdict the company won against CQG Inc."

As a reminder to our readers, Trading Technologies is somewhat of a patent troll or patent bully these days. We last mentioned it over a year ago, but it's evidently still busy suing.

Recent Techrights' Posts

Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
 
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026