07.26.17

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The Patent Microcosm Tries to Persuade the Headless USPTO to Crush Alice

Posted in America, Patents at 8:16 am by Dr. Roy Schestowitz

Summary: In another effort to bring software patents back to the US (they are currently being swatted like flies in the courts), the lobby of the patent ‘industry’ gangs up with former officials of the USPTO — now in lobbying capacity — and a new report is issued regarding Section 101

THE lobby for software patents has not grown tired, even though (or because) patents on software are pretty much worthless now. Courts and boards trash them one by one (when these are actually scrutinised by people who are not USPTO examiners).

We keep a close eye on this lobby and report on its nefarious modus operandi. They don’t want their actions to be so visible.

“We keep a close eye on this lobby and report on its nefarious modus operandi.”After constantly attacking and maybe even defaming Michelle Lee, Watchtroll publishes “The next PTO Director must grasp the fundamental fact that a patent secures a property right” (lobbying disguised as news, even entering Google News). It would be a rather benign opinion piece if Watchtroll hadn’t engaged in a nasty smear campaign to leave the USPTO void of leadership (except interim).

This same nasty site has just published “The Myth of Patent Quality” as if the notion of patent quality (like level of triviality) is simply mythology. “First,” it says, “the Patent Office was issuing bad software patents that were overly vague and impinged on big tech operations.”

They play the “rotten apple” card. It’s a classic old trick.

“It would be a rather benign opinion piece if Watchtroll hadn’t engaged in a nasty smear campaign to leave the USPTO void of leadership (except interim).”On the other side, or the opposition lobby, we have groups such as United for Patent Reform‏.

“86 biz from retailers to automakers urge Congress to preserve #USPTO’s #IPR program that helps fight #patenttrolls,” it wrote yesterday. It’s about PTAB reviews (petitions to reconsider granted patents). “Small & large businesses from automakers to printers tell Congress,” it added, that “#IPR is vital to fight abusive #patenttrolls.”

What we have here is basically a battle between practicing companies (that make things) and the patent microcosm which makes nothing and merely profits from lawsuits. This sort of chasm is not new.

“What we have here is basically a battle between practicing companies (that make things) and the patent microcosm which makes nothing and merely profits from lawsuits.”A Section 101 report [PDF] has just been issued by the USPTO, which also published a blog post about it. “New Report Presents Viewpoints on Patent Subject Matter Eligibility,” Joe Matal wrote, describing himself as “Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO” (after Michelle Lee left).

Matal writes this:”Between 2010 and 2014, four opinions issued by the U.S. Supreme Court—Bilski, Mayo, Myriad, and Alice—significantly affected patent eligibility law. Following these rulings, the USPTO provided updated guidance to patent examiners, initiated a nationwide conversation on patent subject matter eligibility through a series of events and roundtables, and has now published a report presenting what we have learned from the public on this important issue. Some have raised concerns that the heightened bar for patent subject matter eligibility that resulted from these decisions has undermined the ability of intellectual property (IP) intensive industries to secure rights and investments in their innovations. Others have applauded the rulings for providing a useful tool in flushing out patents on technologies that they feel should not be patentable.”

“We are not sure where this is going; but we know for sure is that the likes of Watchtroll and corruptible former officials like Kappos (taking corporate money to lobby the former employer) will meddle and attempt to leverage their connections to bring software patents back, even in defiance of the US Supreme Court.”“When you only invite the patent industry, this is the kind of conclusions you get,” Henrion wrote about this report. We haven’t had time to examine it yet. Patent Buddy (pro software patents) linked to that and some people have gotten somewhat excited about it, perhaps thinking that the USPTO will magically undo Alice.

IBM’s Manny Schecter is among those who mentioned it and he promotes Watchtroll again, namely an article Robert Stoll wrote there. He “retired from the USPTO as Commissioner for Patents at the end of 2011,” by his own description/biography, but he is still meddling a lot, just like David Kappos (even while under IBM’s and Microsoft’s payroll).

We are not sure where this is going; but we know for sure is that the likes of Watchtroll and corruptible former officials like Kappos (taking corporate money to lobby the former employer) will meddle and attempt to leverage their connections to bring software patents back, even in defiance of the US Supreme Court.

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