Bonum Certa Men Certa

The Only Way to Improve Patent Certainty in the US is to Improve Patent Quality, Not to Lower It

Those who lobby for patent trolls actually prefer low patent quality

IAM THE VOICE OF PATENT TROLLS



Summary: IAM suggests further weakening of the US patent system, i.e. reduced certainty for patent litigation and much weaker patents (because from patent chaos they derive money)

SEVERAL hours ago we wrote a long post about the importance of patent quality -- something which the EPO certainly forgot (the management did, not the examiners though).

"The Federal Circuit and the Patent Trial and Appeal Board (PTAB) are particularly sceptical of low-quality patents."US courts have undone a lot of damage in that regard; they nowadays deny many plaintiffs the 'pleasure' of suing lots of defendants. The Federal Circuit and the Patent Trial and Appeal Board (PTAB) are particularly sceptical of low-quality patents.

"What good are a lot of patents if they don't actually represent novelty and something sufficiently advanced (a scientific advancement) to merit a patent?"It's not hard to imagine who would be hurt by this: the litigation 'industry'. IAM's 90th issue -- as laughable as it gets -- continues sobbing and moaning like it's all about numbers (patents and lawsuits), not actual value (or quantity over quality). They open up by taking stock of "entities with portfolios of 1,000 or more US patents" and it goes downhill from there. We'll get to that in a moment.

What good are a lot of patents if they don't actually represent novelty and something sufficiently advanced (a scientific advancement) to merit a patent? Do we want patent systems with over a million patent filings per day (like in China's SIPO)? Quite a few software patents are still being granted by the USPTO based on this morning's listing from New Hampshire, e.g. the one to Cisco:

Cisco Technology, San Jose, California, has been assigned a patent (No. 9,979,704, initially filed Dec. 17, 2014) developed by five co-inventors for “end-to-end security for virtual private service chains.”


Well, by the sound of it this pertains to software, but it's hard to know for sure without independently and thoroughly auditing each and every patent. Notice how close they're getting to the 10 millionth patent now. Worship the numbers? To lawyers, patents are like deaths to a funeral parlor. From suffering comes profit.

A few hours ago Michael Borella (from the patent maximalists' Patent Docs) repeated the patent microcosm's party line regarding so-called 'uncertainty' in 35 U.S.C. €§ 101 (as covered in our weekend's post) -- the section which is responsible for axing many software patents. To quote Borella:

One of the more substantive questions in the recent interpretation of what encompasses patentable subject matter under 35 U.S.C. €§ 101 is whether facts should play any role in the analysis. The Supreme Court has not been perfectly clear on this issue, and the Federal Circuit appears to have taken both sides at various times. In last week's denial of en banc review for two cases, the Federal Circuit answered with an emphatic "yes." Thus, the question seems resolved. For now.


Well, Iancu uses it to lower patent quality and IAM seems very happy (see "Supreme Court shakes up the PTAB, while new USPTO head sends strong pro-patent signals" in the latest issue). When they say "pro-patent signals" they mean patent maximalism and/or poor patent quality. "Meanwhile," they said, "Andrei Iancu is exhibiting pro-patent inclinations..."

"Notice how close they're getting to the 10 millionth patent now. Worship the numbers?"Remember that in these circles, such as Watchtroll, one can only be "pro-patent" or "anti-patent" and when they meet someone who isn't as extreme as them (regarding patents) they just label that someone "anti-patent". Watchtroll already labels some judges and even Justices "anti-patent".

What good would Iancu's policies be if patents got granted only to be later rejected by courts? If anything, it would further reduce certainty/confidence in patents, exacerbating an already-serious problem. It's very costly, but the costs are associated with fees that lawyers pocket, so it's really a 'feature' to them.

"What good would Iancu's policies be if patents got granted only to be later rejected by courts?"IAM has also just published this article by Jason Lye, Sam Khoury and Corrine Sukiennik. It's basically another one of those rants about "quality, strength and predictability of the US patent system..."

Well, granting bad patents actually reduces "predictability". To make patent lawsuits more predictable the USPTO need to become a lot more strict about what patents it grants.

Under the laughable sound bite "Intangible investor", Bruce Berman writes that "America’s [US] confused response to increased global competition and IP uncertainty is threatening its innovation leadership..."

"They're either working for law firms or are funded by them (like IAM, which also gets funded by patent trolls)."He speaks of "IP uncertainty", but we suppose that by "IP" he meant patents and actually bemoaned how hard they are to enforce (it's hard to know what he meant because of IAM's paywall). Either way, the only solution to this is to become less lenient in examination (maybe investigate this 'revolving door' phenomenon).

Elsewhere in this issue there are some pure puff pieces (marketing) that say nothing at all and old news about standard-essential patents (SEPs). Zhang Hui and Richard Li wrote about Iwncomm v Sony and Richard Lloyd advocated this inescapable patent tax in the form of SEPs. Well, patent maximalists like Richard Li and Richard Lloyd (on both sides of the Pacific) don't really care about the impact of patents on pricing, competition, science etc. They're either working for law firms or are funded by them (like IAM, which also gets funded by patent trolls).

Recent Techrights' Posts

Attacks on Techrights Are Only Making Techrights Bigger and Even More Popular
A week ago they offered to settle with us
EPO Staff Can Go Listen to Richard Stallman Next Week in Munich (Technical University of Munich, Rudolf-Diesel Hörsaal (MW2001) on Campus Garching at 18:00)
"The talk is open to the public and attendance is free. Registration is not required."
 
Vista 10 is 'Dead', Here's Why People Should Move to GNU/Linux (or the BSDs)
Today we try to make an outline of reasons move away from Windows to GNU/Linux
Our Sites Continue to Improve
LLM slop has had no noticeable impact on us
Gemini Links 15/10/2025: Neovim, Helix Compared and Gemlog.blue Now Closed
Links for the day
Links 15/10/2025: Mass Layoffs at Amazon, OneDrive Spyware Revved Up, More 'Gen Z Protests'
Links for the day
The EPO's Staff Engagement Survey 2025 is Already Tainted by Intimidation by EPO Management (Trying to Influence Outcomes by Scaring Genuine, Honest Critics)
"[W]e have received reports that, following the previous survey, teams with negative responses were reproached or questioned about their answers..."
The DDoS Attacks by Microsoft's Scam Altman and Other Slop Charlatans and Frauds is Hurting the FSF, Delinking It From Copyleft Projects
This impacts a lot more than access to the licences
Microsoft Scanning Faces in Photos People Upload to Microsoft (Even Unconsciously), Slashdot Turns Report About It Into "Microsoft Sez" (Says)
Or "let's repeat the lies from a PR person/Microsoft's publicist"
[Teaser] Angel Aledo Lopez the Manipulator (Nepotism, Poll Rigging, and Other EPO Corruption)
We'll discuss this later today or tomorrow, based on internal EPO material
Epic Metaphor for End of IBM: "The IBM Demolition is Down to the Last Shards!"
Nothing lasts forever
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 14, 2025
IRC logs for Tuesday, October 14, 2025
Proprietary and DRM Prisons Spiralling Down the Sinkhole? Not Just Yet.
Let's hope that more people will flee to GNU/Linux
The European Patent Office (EPO), the Second-Largest Institution in Europe, is Cracking Down on Recreational Activities
Without AMICALE activities, and as staff already says it's pressured to work more for less, how can the EPO recruit bright people?
Transparency: FSFE financial reports exclude speaker fees and expenses
Reprinted with permission from Daniel Pocock
Many Developers Have Many Political Views, They'll Never Agree on Everything
It's an effort to divide and destroy, not build
Gemini Links 14/10/2025: An Opportunity to Consider GNU/Linux and Another Simple IRC Client
Links for the day
Slopwatch: UbuntuPIT, LinuxSecurity, Google News, and the Serial Slopper Brian Fagioli
Nothing of merit here, just more slop
Links 14/10/2025: Lack of Trust in Slop and "Retirement Challenges"
Links for the day
Rhonda D'Vine, Gerfried Fuchs, Pronouns & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
At IBM, Relocation Means Layoffs (Downsizing)
Silent or 'invisible' layoffs?
Central Staff Committee of the European Patent Office (EPO) Warns That EPO Management is Robbing or Manipulating Pension Funds Again
Faking "growth" is just about as bad as forgery
Probably a Lot Worse Than LLM Slop: GNOME Tying Itself to Divisive Politics, Even Where It's Clearly Not Relevant
Something has gone terribly wrong in GNOME
Links 14/10/2025: Microsoft OneDrive Scanning Faces in Photos (Without Asking First), "OpenAI Says It Will Move to Allow Smut"
Links for the day
They Generally Don't Like Scholars, as They're Less Compelled or Pressured to Repeat What Corporations and Oligarchs Say
People who loathe scholars have an agenda in mind that, unlike that of reasonable people, revolves around controlling people
Dystopian Trends in Technology Make Richard Stallman More Relevant Than Ever
It's good to see him attracting vast audiences
Belated New Article About Last Thursday's Lecture by Richard Stallman in Helsinki, Finland
there are good reasons to pay with cash, not limited to privacy
Attacking Richard Stallman Has Become 'Career Suicide'
If you're going to viciously attack somebody, make sure your arguments are rock-solid
Microsoft's Failing XBox Business Has Turned Games Into Funerals
How does it feel to depend on Microsoft?
Yesterday's "Distinguished Lecture" by Richard Stallman Possibly Attended by Close to 1,000 People
The capacity of the place is about 900
Slop Poisons Everything
Imagine wanting to find what Torvalds has just said or what has just been released
Taking Software Freedom 'Mainstream'
interest in Software Freedom must have grown
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 13, 2025
IRC logs for Monday, October 13, 2025
Gemini Links 14/10/2025: Ada Lovelace Day, Sony CLIE PEG-TG50 Review, Why to Avoid Network Solutions
Links for the day
Richard Stallman (RMS) Announced His Talk Less Than 24 Hours Before It Took Place and Still Filled Up the Auditorium at Sapienza Università di Roma
Photos from yesterday evening [...] It looks like it was a very successful event
The EPO's War on Techrights Was a Massive Mistake
The EPO started the SLAPPs after we had published a few hundreds of articles; we've since then published close to 6,000 because the attacks on us emboldened insiders to help us
General-Purpose Computers to Become Growing Area of Coverage
Without them, we have little left for controlling our lives
"They missed a great opportunity to shut up." -Jacques Chirac
Brett Wilson LLP has been trying to cheat the legal system many times
Harassment evidence: Switzerland, overcrowded fitness and yoga centers, incompetence and racism in accident response
Reprinted with permission from Daniel Pocock
Vincent Danjean & Debian NXIVM collateral, blackmail risks
Reprinted with permission from Daniel Pocock
In Sweden This Past Friday Richard Stallman Explained Why Copyleft is Important
And he didn't have to 'bash' BSDs, either
IBM Layoffs Due to a Lack of Money and Company Debt Rising by Almost 10 Billion Dollars in 6 Months
IBM didn't buy Red Hat for any ideological reasons; it was a fast "cash grab" for revenue
Forbes Already Stopped Being a News Sites. Now It's a Spam and Propaganda Platform for "Paying Partners" (Companies).
news from Forbes became very scarce
Is the Second-Largest Institution in Europe (EPO) Gradually Becoming More Like a Sweatshop?
Underpaid, unqualified, inexperienced and incompatible people are already recruited to replace veteran examiners
The Register MS Has No FOSS Coverage Anymore
The Editor in Chief is like a Microsoft plant
Links 13/10/2025: "Toasty Subwoofer" and WiFi Speakers "Are About To Go Dumb"
Links for the day
Gemini Links 13/10/2025: iNaturalist and Tove Jansson’s Moominpappa at Sea
Links for the day
Microsoft Does Not Deny That Large Retailers Like Walmart, Costco and Target Are Giving Up on XBox (and Not Stocking It)
No doubt XBox is in trouble and rumours suggest that more mass layoffs are imminent
We'll Encourage Richard Stallman to Talk About Software Patents at the EPO Next Week When He Visits Munich (EPO Headquarters)
Go listen to Richard Stahlmann
Investigative Journalism Protects Society From Corruption, Crimes Against Women, Assaults on Civil Society
"what is the point of men doing military practice to defend a system that is so rotten?"
Swiss pimp usurping reputation of legendary Tissot boss Francois Thiébaud from France (BaselWorld, SWATCH Group SA)
Reprinted with permission from Daniel Pocock
Paris 'Love Nest' & Debian Outreachy: from Lycée Lakanal to ENS Cachan, Cr@ns, nepotism
Reprinted with permission from Daniel Pocock
Richard Stallman to Give Public Talk in 3 Hours, Then in the Technical University of Munich (Germany) Next Week
Richard Stallman at TUM on 21.10.2025 18:00, MW2001
Arnaud Parreaux lost case defending rogue employer
Reprinted with permission from Daniel Pocock
Mathieu Elias Parreaux declared bankrupt in Switzerland
Reprinted with permission from Daniel Pocock
Breakdown of the Rule of Law and Patent Law in the European Union (EU)
The EPO cannot recruit suitably qualified patent examiners this way, let alone retain them
Gemini Links 13/10/2025: Good Films, Wizard of Earthsea, Upgrading the Steam Controller's Stick
Links for the day
Leaks and Whistleblowers: Our Plan for Today
Society simply cannot advance when too many people self-censor
It's Not Justice When One Side Denies the Other Side the Ability to Even Speak
At this stage, Brett Wilson LLP is in my humble opinion acting in contempt of the Court
Links 13/10/2025: Australian Catholic University Uses Slop to Libel Students, Canada Threatens to Kill Beluga Whales
Links for the day
How Not to Silence Tux Machines (It'll Only Backfire, Badly)
defending Microsoft while attacking this site
Slopwatch: UbuntuPIT and Google News
It seems abundantly clear that Google News and Google in general participates in the slop epidemic
Vincent Danjean (not INTERPOL), Claire Bardel & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Christmas lynchings: Martin Krafft (madduck), Penny Leach (mjollnir) & Debian pregnancy cluster
Reprinted with permission from Daniel Pocock
Gemini Links 13/10/2025: Birthdays and "Committee Unable to Contact Nobel Prize Winner"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 12, 2025
IRC logs for Sunday, October 12, 2025