03.18.18

PTAB Hatred is So Intense Among the Patent ‘Industry’ That Even Scammers Are Hailed as Champions If They Target PTAB

Posted in America, Deception, Patents at 12:23 am by Dr. Roy Schestowitz

Michael Shore

Summary: The patent microcosm is so eager to stop the Patent Trial and Appeal Board (PTAB) that it’s supporting sham deals (or “scams”) and exploits/distorts the voice of the new USPTO Director to come up with PTAB-hostile catchphrases

THE patent reform in the United States is very real; it’s effective. The USPTO makes it a lot harder to pursue software patents (unless they’re disguised as something different — a subject we shall cover and tackle separately).

An anti-PTAB site of the patent microcosm currently tries to frame PTAB’s opposition as “[p]harmaceutical patent owners”, but in reality it’s just greedy law firms that oppose PTAB. It mentioned PTAB’s Chief Judge Ruschke the other day after he had once again responded to critics.

Likely in response to these concerns, Chief Judge Ruschke announced the results of an Orange Book-listed Patent Study during his “Chat with the Chief” on March 13, 2018. The meeting presentation slides can be found here. During the chat, the Chief Judge also revealed the results of an expanded panel study, which we will analyze in a future post. For the Orange Book study, the PTAB classified a petition as challenging an Orange Book-listed patent if, unsurprisingly, the patent was listed in the Orange Book when the petition was filed. The data provided was through the end of the fiscal year 2017, which ended on September 31, 2017. We will look at three of the questions asked by the Office in this study.

The author, Andrew Williams, concluded as follows: “In any event, this study by the Patent Office is certainly interesting. It does go a long way to allaying the fears of NDA holders. Nevertheless, considering that an IPR is a lose-or-draw proposition for any patent holder, and that Orange Book-listed patents are so valuable to NDA holders, this may come as little comfort to the community. Instead, anything that disrupts the balance struck by Hatch-Waxman is not going to be seen as favorable, no matter how the actual numbers have been borne out.”

The patent microcosm is attempting to guard an old (antiquated and collectively undesirable) status quo — one in which patent trolls thrived, software patents had legal ‘teeth’, and lawsuits were abundant. IAM, the patent trolls’ lobby, continues to amplify if not promote scammers and then appeals to SCOTUS for help. The author of this new piece is a patent extremist with a long history of promoting trolls and software patents.

“The USPTO is not a for-profit organisation. It exists to service those entitled to some protection in exchange for publication.”Unfortunately we have gotten used to it. All we have here is IAM, the patent trolls’ lobby, which attacks PTAB and attempts to influence/incite Justices against IPRs. IAM is toxic, but it enjoys free speech rights (even if that speech is funded by nefarious elements).

With the context being a recent IAM 'interview' (more like PTAB bashing, or an IAM piece using Andrei Iancu to smear PTAB), we at least know who orchestrates much of the propaganda. The CCIA responded the other day as follows:

Director Andrei Iancu has been making the rounds since his confirmation. In a recent interview, he suggested that “[t]here is, for sure, a perception problem in the IP community with the PTAB” and that “when you have a perception problem you have a real problem in the sense that if the IP community loses faith in what you do then it loses faith in the reliability of the system.”

Director Iancu is right. When you have a perception problem, that can create an actual problem. But instead of looking to the IP community, which has far more widely varying views than the interview gives credence to, I’d look at the Patent Office to see the real impacts.

[...]

The post-grant proceedings created by the AIA—post grant review, inter partes review, and covered business method—were designed to allow the Patent Office to correct its own errors when it issues a patent that never should have issued. Part of this process is allowing interested parties to locate prior art the examiner never located.

But part of the process is allowing parties to correct errors made by the examiner in the art they did find. Examiners miss things when they search, but they also miss things once they’ve found a reference. That’s exactly why 325(d) says that the PTAB “may take into account” if the prior art was previously at the office.

Not “must take into account” or “can’t institute”, but “may take into account.” The statute itself recognizes that sometimes examiners misunderstand or misapply art.

Well, the Patent Office (USPTO) would be wise to listen to actual companies rather than law firms. At the moment the impression we are getting is that the USPTO’s reputation is improving. If Iancu wants to be remembered positively, he’ll maintain the positive elements and reject those who pursue patents just for the sake of having more patents or making more money from the patent-granting process. The USPTO is not a for-profit organisation. It exists to service those entitled to some protection in exchange for publication.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. Links 31/10/2020: Linux Lite 5.2 and Freespire 7.0

    Links for the day



  2. New Video Release by Marcia K. Wilbur: Richard Stallman (RMS) and Larry Lessig

    A decade and a half before Professor Lessig became a presidential nominee/candidate the following footage was captured; it was published yesterday for the first time



  3. Users Have Nowhere to Go

    "If you want Free software to exist, if you want users to have control of their computing, you'll have to learn how to stand up again."



  4. IRC Proceedings: Friday, October 30, 2020

    IRC logs for Friday, October 30, 2020



  5. [Meme] Two Dictators: How the EPO Shuffled the Dictatorship's Cards

    EPO President António Campinos turns out to be no better and even less popular than Benoît Battistelli



  6. 2020: The Year the Patent System Converged With Naked Fascism

    The worldwide system of patents, administered in part by WIPO (fronting for the super-rich), is losing the argument and instead — nowadays more than ever before — it is resorting to authoritarianism (the kids’ gloves are off)



  7. Links 31/10/2020: KDE on Hugo, NetBSD Moves From TWM to CTWM

    Links for the day



  8. Links 30/10/2020: WordPress 5.5.2 and NSA Mum on Its Back Doors Policy

    Links for the day



  9. Free Software is Still Under Attack From Software Patents (GNOME Getting Patent Trolls to Settle Isn't the Real Solution)

    We're asked to believe that a sort of "patch" (suggested by companies or monopolies with endless patent portfolios) means that Free software and software patents can co-exist; behind the scenes, however, "community distros" (not developed and controlled by monopolies) are coming under patent attacks which they cannot publicly speak about



  10. Microsoft is Already Bribing the Likely Next US President (Having Also Paid the Trump Campaign) to Ensure Microsoft Can Get Away With Crimes and Receive Bailouts from Taxpayers

    Microsoft is still controlling "both sides" to ensure that it remains in control of the administration; it's already looting the taxpayers while still lying to shareholders ('legalised' embezzlement)



  11. With Microsoft in Charge, OpenSSF Seems More Like It's About Back Doors -- Not Real Security -- Inside the Linux Foundation

    Another Linux Foundation (LF) group seems to have been taken over by the company that’s attacking Linux and attacking real security (as opposed to fake security or back doors in the name of “national security” — the Trojan horse for imperialistic coercion, worldwide)



  12. IRC Proceedings: Thursday, October 29, 2020

    IRC logs for Thursday, October 29, 2020



  13. Living in a State of Constant and Never-Ending Fear Will Harm Software Freedom

    "Freedom" or "liberty" may seem to have been co-opted by extreme right-wing and COVID-denying (or COVID-minimising) elements, but at the moment we do stand to lose many "tech rights" (in the name of "protecting" us)



  14. [Meme] Mozilla's 2020 Vision

    Mozilla does not seem to understand that proprietary Azure and proprietary GitHub won't offer Mozilla a way/path out of the mess it's in



  15. Techrights Done With Maintenance For Now, Will Resume Posting at a Higher Publication Pace

    With a few new features added to the site we can finally resume normal operations (more articles per day)



  16. Moving to Phones Won't Liberate Users

    A so-called 'phone' (or 'smart' phone) with Linux under the bonnet isn't freedom; it's a branding war being won, but principles are being abandoned



  17. Links 29/10/2020: LibreOffice 7.0.3, Linux 5.9.2, NVIDIA 455.38 Linux Driver

    Links for the day



  18. Links 29/10/2020: Istio 1.6.13, Krita 4.4.1 and PyPI Key-Signing Ceremony

    Links for the day



  19. IRC Proceedings: Wednesday, October 28, 2020

    IRC logs for Wednesday, October 28, 2020



  20. Links 28/10/2020: Linux Dropping WiMAX Support, Istio 1.7.4, Ubuntu is “Hirsute Hippo”

    Links for the day



  21. Linux Foundation (Men for Monopolies) Once Again Hijacking Women's (and Minorities') Voices for Public Relations

    Diversity and tolerance are absolutely essential, but those who preach or lecture us about it most loudly (their financial means or privilege enable media reach) set a bad example and are mostly opportunistic hypocrites who perpetuate the status quo



  22. In a State of Flux Due to Maintenance and Improvements

    For the first time since summer of 2019 we're investing time and effort improving the site in a number of ways



  23. Links 28/10/2020: Torvalds on Succession, PyTorch 1.7.0

    Links for the day



  24. [Meme] Stealing the Competition

    After the fall (and fail) of CodePlex Microsoft decided to grab the Linux Foundation and most Git-based projects (through GitHub) — a strategy even Microsoft can learn to love



  25. IRC Proceedings: Tuesday, October 27, 2020

    IRC logs for Tuesday, October 27, 2020



  26. Links 28/10/2020: FreeBSD 12.2, NixOS 20.09 and WordPress 5.6 Beta 2

    Links for the day



  27. Taking Our Efforts to the Next Level in an Increasingly Proprietary and Hostile Web

    Web users are being repressed by mechanisms of mass manipulation, control and restrictions; the Web may not be going away any time soon, but architectural and topological issues need to be overcome (the sooner, the better)



  28. Read Techrights Without a Web Browser

    Any text editor can now be used to read Techrights, owing to a daily bulletin we've set up and will maintain every day



  29. [Meme] Torvalds Assimilated

    People belatedly realise that Microsoft’s plan for Git (and for Linux) isn't for the betterment of those projects but for Microsoft monopoly



  30. Links 27/10/2020: FuguIta 6.8, Fedora 33, Red Hat Satellite 6.8, KDE Plasma 5.20.2 and GStreamer 1.18.1

    Links for the day


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