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

08.25.18

The USPTO’s New Strategic Plan Should be to Keep Services Available and Actually Explain a Week’s Downtime

Posted in America, Patents at 10:09 pm by Dr. Roy Schestowitz

Of course patent quality too should be a priority

A businessman

Summary: The USPTO faces legitimacy problems after a long downtime, failure to explain this downtime, and persistent questions about enforceability of USPTO-granted patents in courts, not to mention in the USPTO’s own Patent Trial and Appeal Board (PTAB)

THE MONTH of August was a tough one for the USPTO and we can imagine that some technical staff needed to be recalled from holidays.

“Iancu sounds like PR person.”“The recent failure of USPTO PALM database is a direct result of John Owens, Tony Chiles and Pam Isom’s incompetency,” an insider wrote. “This time Owens cannot blame a power failure,” this insider added, alluding to previous incidents which were nowhere as severe as the latest [1, 2].

“After a week of the USPTO’s electronic patent filing systems being down, the office says “the director will prescribe a procedure that will allow you to seek a refund of the paper filing fee”. But some observers say this will be tricky,” Michael Loney wrote. The USPTO was still ‘on fire’ (as in up in flames) until a few days ago. Every page came up with pop-ups containing a face-saving message about key services being down. At the moment (minutes ago) the pop-up instead says: “You have been randomly selected to take part in this survey that is being conducted by ForeSee on behalf of the United States Patent and Trademark Office. The feedback you provide will help the United States Patent and Trademark Office enhance its site and serve you better in the future. All results are strictly confidential – see our Privacy Policy for details.”

So we assume that the downtime is over, well over a week after it started. Now comes Director Iancu with ‘damage control’. A nontechnical director, selected by Trump after he had worked for him, is talking about a technical problem. Patently-O has the full text, which is pure spin from Iancu (a lawyer, spin is what these people do for a living), spinning over a week’s downtime as a ‘feature’ or ‘improvement’…

“In the process of getting everything back up and running, we sought not merely to restore but also to improve our PALM operating systems,” he wrote. “Among other things we now have enhanced servers and performance optimization, such that the resulting condition is better than it was before the outage.”

Aha! So people should really be thankful for the outage! A blessing in disguise? Iancu sounds like PR person. But see the comments. They’re rightly upset. To quote the first couple of comments:

What challenges? I guess it doesn’t matter how/why it happened? Any interest in explaining how the PTO plans on it not happening again? This is now the second time that a lengthy outage has occurred, on top of the daily sporadic outages.

Also, is there any logical a reason to tie the contingency EFS in with the same system that houses the primary PALM database? What’s the good in a contingency system if its availability is inextricably tied to the availability of the system that it’s supposed to back up?

It’s simple: Two is one and one is none.

And the second:

It is part of the citizens of the US becoming peons. People in charge don’t have to explain. I don’t think that contained an apology either. And it described “the outage” as if it was an act of G*d.

There’s lots more along those lines. Why the USPTO was down is still unexplained. What a mystery. From a government-connected entity better can and should be expected.

Patently-O has meanwhile published the “USPTO New Strategic Plan (Draft),” to which I replied with: “a good strategy for the USPTO would be to first brings its service back online :-) there has been a one-week downtime!” (it was still down at the time).

From Patently-O: “The Strategic Goals reflect the fact that the PTO is primarily a bureaucratic agency — and the main goal is quality bureaucracy. That means efficient, correct, and timely work. Thus, the PTO’s first strategic goal is “Issuing reliable IP rights.””

If patent quality is improved rather than lowered, patents would be more reliable in courts (the same goes for trademarks).

They speak of “optimizing patent and trademark quality,” so Iancu should just formally forbid software patents at the USPTO (it’s about time to do so, but of course he wouldn’t, he used to advocate these for money). IP Watch wrote about this draft as well:

The United States Patent and Trademark Office (USPTO) is seeking comments on its draft strategic plan for the years 2018-2022. The draft plan covers a range of goals, including optimizing patent and trademark quality and timeliness, and providing “domestic and global leadership to improve intellectual property policy, enforcement, and protection worldwide.”

Remember that the USPTO said its systems/services would be restored by last Tuesday. But no… that did not happen. It was down for over a week! The issues were apparently resolved in the past few days, maybe a couple of days ago.

Iancu’s response appears to have mostly angered stakeholders, who still don’t know what happened and whether anyone (company or person) was held accountable. Perhaps the above draft was released (prematurely even) as a form of distraction from Iancu and his team.

In other news, this one from Joseph Herndon, patents on candles were brought up in relation to a Federal Circuit ruling. Luminara is upset and is complaining that its own patents are utter rubbish. They should never have been granted by the USPTO (which merely profits from granting anyway, whenever there’s doubt). To quote Herndon:

Luminara Worldwide, LLC appealed from three inter partes review (IPR) decisions, in which the Patent Trial and Appeal Board held unpatentable a total of 31 claims across Luminara’s three patents. On appeal, Luminara challenged the Board’s decisions as to one claim from each patent and asserted that the Board’s application of the 35 U.S.C. § 315(b) time-bar was improper as to the ’319 patent. The Federal Circuit dismissed the IPR with respect to the ’319 patent, holding that the § 315(b) time-bar applied, and affirmed the other two IPR decisions.

The patents here are directed to making flameless candles that look and behave like real candles. Shenzhen Liown Electronics Co., Ltd. (Liown) requested inter partes review of 31 claims of the Luminara patents including U.S. Patent Nos. 8,696,166; 8,070,319; and 8,534,869. The three patents, which employ moving pendulums to simulate the appearance of a natural flame, are related.

In summary, Iancu’s Office (leadership) needs to seriously think about the quality and thus legitimacy of the patents it grants. It needs to do more to demonstrate that it can handle technical matters (over a week of outage certainly disputes this) and improve transparency, e.g. regarding the cause of the outage.

As things stand at the moment, the Office loses credibility even within or among its own stakeholders, who complain that their US patents are worthless, the service is poor, and the Office is facetious. Don’t make the USPTO another Battistelli-esque EPO.

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. Backup: KIRO Report About Arrest of Rick Allen Jones

    We're making a mirror of this report as the media never touches the topic anymore



  2. Promoting False Perspectives and Narratives About GNU/Linux to Let Microsoft Dominate/Control Everything (Sometimes Quite Cynically in the Name of 'Security' or 'Responsibility')

    Microsoft's "perception management" games are progressing and are finding their way into official blogs of supposed 'competitors' like Canonical and SUSE



  3. Links 13/8/2020: New LibreOffice 6.4.x, Linspire 9.0, Endless OS 3.8.5

    Links for the day



  4. The National Center for Missing and Exploited Children (NCMEC) Identified Some of the Children in the Pornographic 'Stash' of Bill Gates' Engineer

    Today we carefully and responsibly disclose just 9 pages (out of about 2700 pages) with slightly redacted samples and a handful of exemptions to show what Bill Gates' engineer was amassing, including identified kids (known to NCMEC)



  5. A Red Hat Response to Factual Information About Red Hat

    So far we've seen only Red Hat employees blasting our articles about Red Hat/IBM and the responses lack any substance, just name-calling (so we must be on the right track; there's no refutation so far)



  6. Always Look for Stories the Media is Suppressing and Hiding

    Based upon closer scrutiny of the Jones case (engineer of Bill Gates arrested for pedophilia at the Gates mansion), the sentence he received is incredibly negligible or close to nothing (for possession and sharing/dissemination of massive troves of child pornography, typically leading to many years in prison), so we’re closely examining if he’s still working and whether he still works for Bill and Melinda (more FOIA requests may be necessary)



  7. On Web Servers, Microsoft's Collapse Continues More Rapidly Under COVID (a Million Domains Lost in the Past Month)

    Even though the Microsoft-sponsored media repeatedly refuses (or strangely enough just 'fails') to report on it, the days of Microsoft's IIS are likely numbered; it won't be long before less than a million computers run it



  8. Canonical is Boosting Microsoft's Proprietary Software With Extensive Surveillance

    Canonical’s commitment to Free software barely exists; with so-called “Apps” and “Snaps” and “Stores” we’re seeing a gradual transition to — and acceptance of — blobs and DRM, including Microsoft lock-in inside Ubuntu



  9. IRC Proceedings: Wednesday, August 12, 2020

    IRC logs for Wednesday, August 12, 2020



  10. Harfbuzz Joins LibFFI, Zlib1g in Dragging GNOME, All Free Software Towards Microsoft

    "...I don’t want to help them help Microsoft control my computing by proxy — by controlling the development platform itself"



  11. Links 12/8/2020: Go 1.15, LibreOffice 7.0 Downloaded About Half a Million Times, LibreELEC (Leia) 9.2.4

    Links for the day



  12. Mega Setup, Mini Budget

    For a sum total of under £800 (eight hundred British pounds are about USD/$1043) one can piece together a versatile working environment (my latest additions, as of 5 days ago, are the 4 plastic plants)



  13. Twitter Appears to Have Taken Vendor/Platform Lock-in up Another Notch, Having Become Almost as Malicious as Facebook

    Twitter jumped the shark



  14. IRC Proceedings: Tuesday, August 11, 2020

    IRC logs for Tuesday, August 11, 2020



  15. Infographic by Marcia Wilbur: Where's My Refund?!

    Tweet by Marcia Wilbur:



  16. Links 12/8/2020: New GNU Emacs, GXml-0.20, WordPress 5.5, and Mozilla is Laying off 250 Staff

    Links for the day



  17. You Just Know Somebody is in a State of Retreat When the Strategy Becomes to Discredit One's Critics (or Collectively Paint Them All as Wrong/Crazy)

    A goulash of bullcrap from Bill Gates doesn't add up; it seems like his media strategy has warped (or fallen back) onto discrediting his critics as though they don't exist, don't know anything, or are simply jealous



  18. United States v IBM Archives/Resources

    As the massive case against IBM monopoly (United States v IBM; 104,400 pages of trial transcripts and 17,000 exhibits) predates the World Wide Web it's difficult to find comprehensive literature about it any longer (Wikipedia and more modern sites are instruments of revisionism and reputation laundering)



  19. History Goes in Cycles

    Just like antiwar activism was 'quelled' or 'pacified' half a century ago nowadays we're led to think that software freedom is just fine and there's nothing left to argue about (except words and other petty nonsense)



  20. Looking Back at the Real Story of Microsoft

    Let's take a moment to examine what Microsoft was all along (since its formation in 1975)



  21. Europe Deserves Better Than Today's EPO

    Overly restrictive society with countless monopolies (even on seeds!) will neither serve people nor will it breed general acceptance



  22. European Patent Office Management Swims With Sharks and Liars

    It has become increasingly if not abundantly evident that European Patent Office President Campinos is no better than Battistelli as he’s still a ‘darling’ of patent litigation trolls and their front groups/lawyers



  23. Linked In to Pedophilia

    As the above articles show (one published a couple of days ago), the 'Web of Lies' and the incredible deceit/cover-up run deep and we still lack answers from those who enabled what Salon has just said involved "trafficking five or six girls a day."



  24. Whistleblower Aid Already Showed Cover-up of Bill Gates 'Contributions' to MIT

    The Goodwin Procter report which failed to actually investigate whether Gates and Epstein jointly directed payments to MIT (the latter was already dead) can be understood differently in light of the above leak, which was published earlier this year



  25. IRC Proceedings: Monday, August 10, 2020

    IRC logs for Monday, August 10, 2020



  26. Proof (Archived Original Letter): Bill Gates Lied to the New Yorker, BBC and Others About Connection of MIT Money to Mr. Jeffrey Epstein and Their Close Relationship

    As the article (“The anatomy of Bill Gates’ Jeffrey Epstein-facilitated MIT donations”) put it at the time (just 2 days before Dr. Stallman received all the heat at MIT), “Secrecy in the funding of academic programs is highly problematic, as University of Virginia professor Siva Vaidhyanathan explains in a long Twitter thread. “Companies and the billionaires who run them are always bending research agendas (and sometimes even results) to their interests,” he writes. “Anonymity would prevent any examination or accountability.”” But there are more high-level Microsoft links to Mr. Epstein; “Hoffman invited both former MIT Media Lab director Joi Ito and Epstein to an August 2015 dinner in Palo Alto with Elon Musk, Mark Zuckerberg and Peter Thiel. He tells Axios that he invited Epstein at Ito’s behest, and only because Ito vouched for the convicted criminal, saying that he had successfully cleared MIT’s vetting process.” In 2016 the article “Bill Gates talked to Reid Hoffman about being on Microsoft’s board of directors” was published. “Furthermore,” it notes, “Gates and Hoffman have a lot in common: They both hold board seats and advisory roles, and no other formal status or day-to-day obligations, at the tech companies they founded.”



  27. All This Happened While Bill Gates' Engineer Was on Trial for Amassing Child Pornography

    While MIT relies on the word of someone who repeatedly lied about his relationship with Mr. Epstein (refuted even by MIT itself), the record shows what happened just when Bill Gates’ own engineer faced conviction for pedophilia (the media diverted attention to Dr. Stallman just days after the above E-mails came to light)



  28. Links 10/8/2020: Popcorn Computers Pocket PC, Finnix 121, GhostBSD 20.08.04, EasyOS 2.3.8

    Links for the day



  29. IRC Proceedings: Sunday, August 09, 2020

    IRC logs for Sunday, August 09, 2020



  30. Release: Bill Gates' Engineer Busted for More Child Pornography Than Reported in the Media

    Based on our analysis, which was repeated carefully twice, the sum of recognised hashes turns out to be about 7,500 (7,430 objects), which is more than was reported in the media after the arrest of Rick Allen Jones at Bill Gates' mansion


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