Bonum Certa Men Certa

A Fight Over Patent Quality in the United States

The court system versus a self-justifying patent 'industry', which tries to guard and expand its power by broadening patent scope ad infinitum

"But each proposal must be weighed in the light of a broader consideration: the need to maintain balance in and among national programs -- balance between the private and the public economy, balance between cost and hoped for advantage -- balance between the clearly necessary and the comfortably desirable; balance between our essential requirements as a nation and the duties imposed by the nation upon the individual; balance between actions of the moment and the national welfare of the future. Good judgment seeks balance and progress; lack of it eventually finds imbalance and frustration. "

--Dwight D. Eisenhower



Summary: The latest developments in the United States, which is now attempting to undo the damage caused by overpatenting -- a trap which the EPO and SIPO are currently being lured into

FOLLOWING the SCOTUS ruling on Alice -- a ruling which was embraced by the Court of Appeals for the Federal Circuit (CAFC) after corrupt people like Randall Rader had left (he is still trying to return to positions of power) -- software patents have been invalidated centre, right and left. It's actually pretty major news, typically celebrated by the patent microcosm, when a software patent is upheld by a high court as valid. Whatever the USPTO grants, it doesn't matter much until the patent is actually put up to the test at a court of law. More often than not we find out that the USPTO granted patents in error (worryingly enough a trend which will grow in Europe now that patents are flying off the EPO's shelves, including software patents that are by principle invalid).



"More often than not we find out that the USPTO granted patents in error (worryingly enough a trend which will grow in Europe now that patents are flying off the EPO's shelves, including software patents that are by principle invalid)."The US patent system became notorious for granting patents on all sorts of things provided it says "over the Internet", "on a computer", and more recently "on a phone". We saw one such example in yesterday's 'news', namely "Patent for smartphone connectable scanner published in USA" (it's about exactly what it sounds like, nothing novel here). One of the most notorious patent trolls in the US was going systematically after every conceivable business that could cough up money and used a scanner (we wrote about that many times before). It's something akin to business methods if not software patents.

It is in light of this that the arrival of PTAB is very much welcomed and needed. According to this new article, a "Versata Patent [is] Targeted By Ford Ineligible For CBM Review" by PTAB:

The Patent Trial and Appeal Board declined Wednesday to institute an America Invents Act covered business method review of a Versata Development Group Inc. software patent that was challenged by Ford Motor Co., finding the patent was not eligible for the review program.

The AIA states that the CBM program — which allows the PTAB to review patents on grounds not available in inter partes reviews, including that it is directed to an abstract idea — is designed for patents that are related to financial products...


Another new PTAB article from the a trolls-friendly publisher (IAM) bemoans these reviews and sobs for a firm that produces nothing at all. To quote:

According to Lex Machina, during the period between 17th January and 17th February, IP Bridge was on the receiving end of 18 IPRs filed by GlobalFoundries, 4 filed by Xilinx and one each from Taiwan Semiconductor Manufacturing Company (TSMC) and ARM.

The Xilinx petitions came on the same day that the US chip company made a complaint for declaratory judgment of patent non-infringement covering 12 patents. The San Jose-based company also challenged the validity of four of those patents. IP Bridge had earlier sued Xilinx in the Eastern District of Texas over two separate rights, neither of which is being challenged at the PTAB.


We wrote about this quite recently, after IAM had published another sob story for the aggressor.

It certainly looks as though PTAB is gradually becoming a force for good, whose workload is also increasing. It deserves expansion, i.e. more staff (the same goes for the EPO's appeal boards). People like Dennis Crouch try to slow PTAB down and yesterday he wrote about the term "technical", which itself is somewhat of an abstract term. He looked closely at Clarilogic v FormFree Holdings. He said: "The principle that patent prosecutors are following today is in the headline: Get Technical or Get Denied."

"It certainly looks as though PTAB is gradually becoming a force for good, whose workload is also increasing."MIP, another patent maximalist, wrote about a case against the US government and Elbit (covered here over the weekend). This was not the usual case outcome, so they like to bring attention to it (drawing attention to the 20% or so of cases that are ruled in favour of the patent microcosm).

What we ought to note here is that none of this is new; people who are in the business of patents just want more and more of them. They'll never have "enough".

"The patenting of living organisms remains controversial, despite decades of debate. Sirena Rubinoff provides a guide to the arguments," MIP wrote in a separate news article.

"The problem boils down to granting of patents based on greedy people's guidelines -- those who quantify the "success" of a granting authority (patent office) by the number of patents granted rather than the quality of patents granted (which is a much harder thing to objectively measure)."These patents are outrageous and unacceptable; it isn't patent-eligible in most places. Even the EPO was forced, at least temporarily, to stop doing it (after it had repeatedly failed to comply with directives).

Such patents are not just abstract but pertaining to naturally-recurring (reproducible in nature) things. How long will it take for people to recognise that sites like IAM or MIP describe as a victim anyone whose supposed patents are not respected by courts? The problem boils down to granting of patents based on greedy people's guidelines -- those who quantify the "success" of a granting authority (patent office) by the number of patents granted rather than the quality of patents granted (which is a much harder thing to objectively measure).

Recent Techrights' Posts

Microsoft at 50 Follows the General Trajectory of Skype
How many years does Microsoft have left before payroll becomes impossible?
Cybersecurity Does Not Mean Asking Microsoft for Permission to Boot
There were very good and timely reasons to speak about the matter, including impending antitrust complaints against Microsoft
 
GitHub, LinkedIn, and XBox Will Finish Like Skype (Sustainability Crisis)
Skype should become a verb. When Microsoft 'Skypes' something it means it basically shuts it down with some temporal excuse/s.
Drowning in Garbage: AUR Shows That Too Much Low-Quality Software (Including Slop) is Bad for Everybody
What happened in AUR had happened elsewhere before and will happen again in the future
Links 21/06/2026: EU on Patented (Monopolised) Crops, Microsoft Software "Narcs on You to Your Boss"
Links for the day
A Year After a Microsofter Took Over The Register MS It is Effectively a Content Farm With News as a 'Side Dish'
This is not journalism, this is spam
IBM Pays the Media and Cons Some 'Journalists' Into Participating in "Quantum" Spam
"The Boy Who Cried Wolf"
You Don't Need an 'App' for Your Birdhouse (Slopfondlers Come for Birds)
That they sell those things as "AI" really says a lot about how dishonest slopfondlers really are
SLAPP Censorship - Part 113 Out of 200: The United Kingdom is Not Turkey
Turkey is ranked almost worst in the Western World for press freedom
Links 21/06/2026: Bots from Alibaba Do Harm and Many Xbox Games Are Being Cancelled
Links for the day
5 Years After Release of Vista 11 Not Even One in 5 People Use It (in the US)
It doesn't look like Vista 11 will ever be adopted like prior versions and announcing a Vista 12 will mostly upset companies/organisations that only recently "upgraded" to 11
Gemini Links 21/06/2026: Boca Raton, Perfect Summer Day, and LLM Doing Things Poorly
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 20, 2026
IRC logs for Saturday, June 20, 2026
Microsoft Insiders - Not Limited to XBox - Expect a 'Bloodbath' (Their Own Word)
This isn't limited to XBox
Reports of "PIP" as Means of Mass Layoffs at IBM This Year
some insights into the PIPs
SLAPP Censorship - Part 112 Out of 200: Strangles Women, Then Refuses to Even Attend Any of His Own Hearings About It
It is meanwhile very apparent that Brett Wilson LLP is becoming a "mench sphere"
Gemini Links 20/06/2026: "There Was Never Supposed to Be a Camera" and "What Is A Programming Language"?
Links for the day
Geminispace Reaches Its 8th Year, Today It Has Turned 7
Gemini Protocol 'went live' 7 years ago, just before the COVID-19 pandemic
Links 20/06/2026: "Full Page Paralysis" and "Hopes For Xbox’s Future Might Be Over Before It Even Begins"
Links for the day
European Patent Office's (EPO) Strikes "at a Scale not Seen Since Battistelli", European Patent Grants Down by Over 25% in Past 3 Months
The actions are effective
Real Security Elusive, Microsoft Layoffs to Coincide With Certificate Apocalypse
July 1
Links 20/06/2026: Microsoft's "Year of Shame" and "Feed the Writers"
Links for the day
2026 is a Year of Strikes at the European Patent Office (EPO)
As it stands at the moment, to many people the EPO represents crime, not law
Web Browsers Are Technically Bloatware (No Matter What Runs in Them)
Don't make it a society that shames people into using a Web browser where none should be needed
Fedora Has Changed a Lot Since I Last Used It (IBM Dominates Almost Everything, IBM Agenda Displaces Community Goals)
"It is effectively 100% run by Red Hat/IBM employed people... even when they are community-elected representatives."
Andy (Cyber Show) on His Teacher Who "Squeezed Every Last Drop Out of Life, With Gratitude, Humility, Generosity and Mettle"
Some call them "eccentric" and are dismissive about what they have to offer
Only 1.5% Oppose the European Patent Office's (EPO) Strikes and Other Industrial Actions Until 2027
Among those polled/surveyed (in a ballot)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 19, 2026
IRC logs for Friday, June 19, 2026
Gopher/Gemini Links 20/06/2026: Slop With Tcl/Tk and Nokia 770 Perishes
Links for the day
SLAPP Censorship - Part 111 Out of 200: Garrett and Graveley (the Latter Arrested for Strangling Women) Keep Ousting Their Collaboration in Litigation, Lawfare in a Foreign Continent
it's not law, it's just warfare disguised as "law"
European Patent Office (EPO) Series: Lobbying in Lisbon...
reappointment campaign lobbying has not been restricted to the "home front" in Portugal
Slop Making Its Way Into Terms Where It Does Not Belong
Hopefully by year's end Google News can successfully cull (and deprive of traffic) almost all slopfarms
Links 19/06/2026: Microsoft Patent Troll Intellectual Ventures in Europe, "World Cup of Internet Resilience"
Links for the day
Links 19/06/2026: Salesforce Data Thefts and GAFAM's Conspiracy Theories That Data Center Opposition is a Foreign Plot
Links for the day
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day