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

02.04.18

USPTO May Get a New Director Tomorrow, But It’s Not Good News

Posted in America, Patents at 10:01 am by Dr. Roy Schestowitz

Andrei Iancu

Summary: It is expected that Andrei Iancu (above) will become the Director of the US Patent and Trademark Office (PTO), probably late tomorrow, but why the silence on the likely impact he would have on the Office?

THE USPTO has been headless for a long time, except for its interim leadership (Director). Trump’s nominee is a cause for concern because he's from the patent microcosm, putting aside more personal aspects (such as him being born in the Soviet Union and being picked by Trump's official who is most closely connected to Putin's family); we don’t want to use the McCarthyist tactics, so instead we focus on Andrei Iancu’s professional background.

“The writings are on the wall and Iancu in this position would likely exacerbate things.”Is a private patent law firm about to ‘take over’? According to this, “[t]he USPTO should have a new director within the next few days. President Trump nominated Irell & Manella partner Andrei Iancu for the position last fall. A vote is now scheduled on the Senate Floor for late Monday. So far, no Senators have voiced any direct opposition to the nomination.”

Have any Senators bothered researching this matter? Have any corporations (or their front groups) bothered commenting on the matter? If not, why not? Are they just trying to be diplomatic in case he gets appointed? The writings are on the wall and Iancu in this position would likely exacerbate things. It’s bad enough as it is and it can only get worse after the PTO amassed many patents of questionable quality (reducing legal certainty).

“It’s bad enough as it is and it can only get worse after the PTO amassed many patents of questionable quality (reducing legal certainty).”It is worth noting, based on another new post, that while the EPO is a milking cow for Germany the USPTO is anything but (for the US). It’s cash negative (losses). “Several USPTO fees were modified in January 2018,” it says. “I’ll note here that the America Invents Act (AIA) of 2011 substantially expanded the USPTO’s fee setting authority. However, that authority is set to sunset in September of this year (2018).” In relation to taxes there’s more to be said. What will the USPTO be like for ordinary people unlike massive corporations, some of which use patents merely as a tax evasion mechanism? Vis-à-vis tax evasion, mind the new report below (from Switzerland). It covered Patent Boxes, which are infamous for their utility among very large tax evaders.

  • “Tax Proposal 17″, Consultation Procedure: Which Tax Incentives Are Still Available?

    Abolition of the privileged regimes (holding, mixed company, domicile company, finance branch and principal rulings):

    These special regimes, which are only applicable at cantonal level, will be abolished.
    Patent box

    Profits from patents and similar rights will be segregated from other profits and taxed at a lower rate at the cantonal level. The cantons can determine the amount of such relief, the maximum relief being 90%. The implementation of the patent box will be in compliance with the patent box as defined by the OECD. Profits stemming from patents and similar rights can be included in the patent box. Software as such cannot be patented according to Swiss laws and accordingly cannot benefit from the relief of the patent box. Computer-implemented inventions including software can however be patented in Switzerland and benefit from the relief. Additionally, software patented in foreign jurisdictions where this is possible may benefit from the relief.

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. European Patents Losing Their Appeal, Lustre and Glamour

    Years of assaults on EPO staff — including EPO judges — have taken their toll and the quality of patents is nothing like it used to be



  2. Software Freedom and The U.S. Constitution

    “We need to stand for the freedom to not use the software — we need to enjoy that freedom without giving up the rest of the existing Free software ecosystem.”



  3. IRC Proceedings: Saturday, December 14, 2019

    IRC logs for Saturday, December 14, 2019



  4. Links 15/12/2019: Wine 5.0 RC1 Released, KDE Frameworks 5.65.0, Qubes OS 4.0.2 RC3

    Links for the day



  5. It Matters a Lot What You Call the System

    Why the best name for the best operating system would be "GNU", not "Linux" (media has twisted the words so as to marginalise GNU and its politics/philosophy)



  6. Only the EPO Goes as Far as Bribing Publishers (the Media) to Promote Software Patents and Publish Fictional Stories

    The world’s patent offices are growing tired of granting software patents which courts later toss out (because these patents are not valid); not only does the EPO advocate such patents — typically using a bundle of buzzwords — it’s also bribing the media to help



  7. EU Needs to Show That It Cares About SMEs and Not 'European Champions' That Are Actually Foreign Monopolies

    Judging by the EU’s nearly blind and unconditional support for the management of the EPO — no matter how abusive and corrupt it has gotten — one has to wonder if the ex-EU official in charge of the EPO reveals a profound democracy deficit as well as growing dangers to Europe’s businesses — the productive firms to which patent maximalism often represents far more risk than opportunity



  8. Guest Article: The Free Software Movement Should Come Out From the Box

    "From now onwards we have to think from a user’s rights perspective and mobilise users of Free software. They should know what rights they ought to get."



  9. IRC Proceedings: Friday, December 13, 2019

    IRC logs for Friday, December 13, 2019



  10. Links 13/12/2019: QEMU 4.2.0, GNU Guile 2.9.7

    Links for the day



  11. Links 13/12/2019: Zorin OS 15.1, Vim 8.2

    Links for the day



  12. Linux Foundation Has Outsourced All the Licence Compliance Stuff to Microsoft, a Serial GPL Violator

    OpenChain Specification/OpenChain Project and Automated Compliance Tooling (ACT) are yet more examples -- the latest of many -- of the Linux Foundation being outsourced to Microsoft, not only for code but also documentation and hosting



  13. IRC Proceedings: Thursday, December 12, 2019

    IRC logs for Thursday, December 12, 2019



  14. Copyleft: Keeping Code Free

    Now that news about "Linux" is dominated by promotion of proprietary software we ought to remember what perpetrators of such a strategy seek to eliminate



  15. Plans That Worked, Plans That Failed

    "I am still looking for good news, but the more good I try to find, the more nastiness I uncover. This is by far, Free software's worst year ever. 2019 Sucks!"



  16. Links 12/12/2019: KDE Applications 19.12, Qt Creator 4.11, New VirtualBox

    Links for the day



  17. Brand Dilution in Action

    Microsoft's proprietary software which spies on people and businesses is getting a "free ride" on the "Linux" brand; and nobody seems to care, nobody seems to notice how perverse that it



  18. At the EPO Money -- Not Quality -- is King

    Financiers are ruining quality



  19. The EPO's Strategic Failure 2023

    Potemkin social dialogue



  20. IRC Proceedings: Wednesday, December 11, 2019

    IRC logs for Wednesday, December 11, 2019



  21. EPO Promoting Software Patents in Countries Where These Are Illegal

    The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong



  22. We Support GNU and the FSF But Remain Sceptical and Occasionally Worry About an RMS-less FSF

    Richard Stallman (RMS) is not in charge of the FSF anymore (it's Stallman who created the FSF) and there's risk the decisions will be made by people who don't share Stallman's ethics or the FSF's spirit



  23. Links 11/12/2019: Huawei Lobbied by Microsoft (Because of GNU/Linux) and Microsoft Still Googlebombs Linux to Promote 'Teams'

    Links for the day



  24. Links 11/12/2019: Edge Native Working Group, CrossOver 19.0 Released

    Links for the day



  25. Instead of Fixing Bug #1 Canonical/Ubuntu Contributes to Making the Bug Even More Severe (WSL/EEE)

    Following one seminal report about Canonical financially contributing to Microsoft's EEE efforts — celebrated openly by GNU/Linux opponentsclosing bug #1 Ubuntu basically decided not that it was fixed but that it would no longer attempt to fix it (“wontfix”)



  26. IRC Proceedings: Tuesday, December 10, 2019

    IRC logs for Tuesday, December 10, 2019



  27. Today's Example of Microsoft's Faked 'Love'

    “On 7 September 2017, users began noticing a message that stated “Skype for Business is now Microsoft Teams”. This was confirmed on 25 September 2017, at Microsoft’s annual Ignite conference,” according to Wikipedia



  28. Links 10/12/2019: Kubernetes 1.17, Debian Init Systems GR

    Links for the day



  29. 'Cancel Culture' as 'Thoughtpolice' Creep

    Richard Stallman spoke about an important aspect of censorship more than 2 decades ago (before “Open Source” even existed); it was published in Datamation (“Censoring My Software”) 23 years before a campaign of defamation on the Internet was used to remove him from MIT and FSF (censoring or ‘canceling’ Stallman himself)



  30. Microsoft Still Hates GNU/Linux and Mark Shuttleworth Knows It (But He is Desperate for Money)

    We're supposed to believe that a PR or image management (reputation laundering) campaign alone can turn Microsoft from GNU/Linux foe into friend/ally


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

Recent Posts