Bonum Certa Men Certa

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

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.

Recent Techrights' Posts

August 2026 Microsoft Layoffs Are "Secret Layoffs" or "Silent Layoffs"
It's all about secrecy, isn't it?
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
 
Sharing and Empathy
Be more like Stallman, not Linus
Fedora 'Community' Became 100% IBM Staff, Drawing Up Policies Like CoC and CoI (Where the IBM is Excepted From Conflict of Interest Policies)
IBM has in effect killed Fedora
Gemini Links 01/08/2026: Planner Season is Upon Us, Slop "Apocalypse", and USENET
Links for the day
Cuts at IBM, Allegedly More Shutdowns to Come, CEO Visits Complicit Media to Promote Lies and Products That Will Never Exist (Misleading Shareholders)
IBM is collapsing
Links 01/08/2026: GAFAM Falling Deep Into Trillion in (Secret) Debt to Keep the Slop Bubble From Popping Already, Anger Over "FIFA’s World Cup Privatisation Plan"
Links for the day
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day
More Fake News From (and for) IBM, Nobody Ever Held Accountable for Fraud
Companies that turn a blind eye to their own corruption end up recruiting more corrupt people and sacking those who object to the corruption
Links 30/07/2026: Smol Document Server and More PalmOS-ing
Links for the day
Links 30/07/2026: Microsoft Refuting Its Own Slop Hype and "Amazon Is Gutting Its Hey Hi (AI) Division" (GAFAM Bubble)
Links for the day
Today The Register MS Published "AI" Spam and Fake Article by "Senior Technical Marketing Engineer"
unethical practices
Cult inquiry parliament leak fallout
Reprinted with permission from Daniel Pocock
Techrights Will Always Protect Sources
Our #1 priority is sources
European Patent Office (EPO) Series: Legal Concerns and Suspicions of Irregularities
complaints submitted to OLAF
The Era of Silence
So stay silent, remain hidden
GAFAM and IBM Dying in Massive Debt, Hence the Mass Layoffs (Increasingly Silent Layoffs That the Media Fails to Mention)
the integrity of this economy is only as good as its leaders or those who govern the market
TheLayoff.com Deletes Comment That Called IBM's Previous CEO, Ginni Rometty, "Gin 'n Tonic"
It is hard to believe the comment was deleted for being a duplicate (in another thread)
The Mainstream Media Continues to Overlook or Intentionally Ignore Hundreds of Billions in Hidden/Secret Microsoft Debt
the issue is that Microsoft's crisis is a lot greater and broader than this
SLAPP Censorship - Part 134 Out of 200: What "Majority Rules" Tell Us About the Litigant
we press on with this series
Overshoot Day Sites That Contribute to the Problem
Some of these are not even accessible (at all) without JavaScript
Microsoft May Have Gotten Rid of 8% of Its Workforce This Month
It's hard to know what's really going on because there's no transparency due to NDAs
Links 30/07/2026: "Age of Irrationality", Google Losing Money, and "House of Ellison is on the Brink"
Links for the day
Gemini Links 30/07/2026: Homeworlds Notes and Manuscript Submitted
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026