Bonum Certa Men Certa

The Patent Public Advisory Committee (PPAC) Needs to Instruct the Patent Office to Stop Treating Applicants as Customers/Clients

That makes as much sense as classrooms viewing pupils as "customers"

Chair



Summary: The USPTO is being abducted by the Big Litigation lobby, just like the EPO (with Battistelli and Team UPC); sadly, this merely dooms the Office, which is supposed to serve science and technology and relies on scientists and technologists to submit high-quality patent applications

LAST month we wrote about USPTO fees being altered. In whose favour? Might Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) become more expensive still in an effort to discourage filers? The truth of the matter is, Iancu is a destructive force at the Office; he's serving the litigation 'industry' (which he came from).



Later this week "[o]n Thursday, Sept. 6, the Patent Public Advisory Committee (PPAC) will hold a hearing to discuss the latest USPTO proposals to set or adjust patent related fees. The event will be held at the USPTO’s main campus and will be webcast," Patently-O wrote. Who will be listened to? "Interested members of the public are invited to testify at the PPAC hearing about the proposed patent fee adjustments. Those wishing to present oral testimony at the hearing must submit a request in writing no later than Aug. 31," Patently-O added, so it's too late already.

"The CCIA went further, noting that the USPTO now calls applicants “customers”..."Sadly, Mr. Iancu (Trump's choice of Director) makes the PTO seem as rogue as the EPO, at least sometimes. Never mind the fact that Iancu's own firm had worked for Trump before the Trump Administration offered him the job...

A "Strategic Plan" was released by Iancu some days ago even though it was just a draft which reaffirmed suspicions that Iancu was like a 'mole' for the litigation 'industry'.

"In the 2014-2018 Strategic Plan [of the USPTO] the word “customer” appears 12 times," says the CCIA. The USPTO hasn't quite recovered from its disastrous downtime (which it tries to distract from with this "Strategic Plan"); refunds are still a sordid mess and the reputation of the Office was severely harmed. The face-saving messages from Iancu only angered stakeholders further; he made no sincere apologies and did not explain the cause of the downtimes (this was not the first), instead framing them as a "feature", not a bug.

The CCIA went further, noting that the USPTO now calls applicants “customers” (like the EPO calls them) and there's a lot more:

At the heart of these flaws is the USPTO’s embrace of an inappropriate viewpoint. The USPTO treats applicants as “customers,” catering to them first—sometimes at the expense of the public. The USPTO first took this approach in the early 1990s, when it was first required to fund agency activities with user fees. The agency most explicitly adopted it during the dot-com period, stating that the “primary mission of the Patent Business is to help customers get patents.” While the USPTO later retreated from this statement, the viewpoint appears to be re-emerging in the wake of the USPTO’s authorization to set its own fees. In the 2014-2018 Strategic Plan, the word “customer” appears 12 times; in the draft 2018-2022 Strategic Plan, the word appears 70 times. The USPTO is not a business. Taking a view that treats applicants as customers implicitly places their needs and desires over those of the public.

This has real harms. Prioritizing applicants runs the risk of granting patents that shouldn’t have issued, tying up broad areas of technology and rendering known technology unusable. While invalid patents can be challenged, challenges remain expensive and time-consuming. This is particularly problematic when invalid patents are granted in newly developing areas like artificial intelligence, autonomous vehicles, augmented reality, or additive manufacturing, where smaller innovators may not have the resources to challenge patents and may decide to innovate in other areas—or not at all.


If the USPTO becomes an agency of the litigation 'industry' rather than servant for science and technology, people who actually create things will simply view it as a foe. This is the risk Iancu now takes and the Patent Public Advisory Committee (PPAC) needs to take that into account later this week. Whose office is it anyway?

Recent Techrights' Posts

Brian Kernighan, "Only Third to Dennis Richie and Ken Thompson" (UNIX), Agreed With Someone Who Said Rust Was Just Hype, Should Not Replace C
17 hours ago
Reminder: Microsoft's "Secure Boot" Certificate for "Linux" Will be Expired in One Week
Many PCs won't manage to 'rotate' to another certificate
 
BASIC Predates Microsoft by Over a Decade, Microsoft-Controlled Sites Like The Register MS Don't Want You to Know This
The state of the media is really bad when it relies a lot on oligarchs' money and is appointing editors who are working for oligarchs
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
"Many of the Red Hat Employees Are Still Looking for Work"
Shame on IBM's CEO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 04, 2025
IRC logs for Thursday, September 04, 2025
Microsoft Started With Code Literally From The Trash, Nothing Has Improved Since
The reality is, there are systems and code that are reliable. But they're not Microsoft's.
Hypothesis That New McKinsey/Microsoft Executive Inside Red Hat Will Outsource Research and Development Operations to India (Like They Do in IBM)
IBM is floundering
Slopwatch: Scams, Fake Articles About "Linux", Plagiarism, and Worse
Perhaps some time soon the LLMs or the "Big LLMs" will run out of money (to borrow) and go offline, leaving those slopfarms in a tough place
Gemini Links 04/09/2025: Means of Production and Rusting Out
Links for the day
Links 04/09/2025: Science, Hardware, and Eyes on China
Links for the day
Gemini Links 04/09/2025: Digital Minimalism and Social Control Media
Links for the day
IBM's GNU/Linux Divestment, Based on Hard But Anecdotal Evidence (IBM Fails to Recognise How Much Money It Made and Can Still Make From "Linux")
Love us or hate us, a lot of what we've been saying about Red Hat under IBM turns out to be rather accurate
Links 04/09/2025: Massive Microsoft Staff Cuts (Barely Reported), "Strange Conspiracy Theory Is Reportedly Spreading Inside OpenAI"
Links for the day
Activists Can Win, But Keep an Eye on the Ball and on the Trophy
GitHub is dying, it was a loss-making trap, not free hosting
Gemini Links 04/09/2025: Katrina Remembered, Distracted Driving, and Virtual Economics
Links for the day
At This Point It's No Longer Matthew Garrett But People Who Fund Matthew Garrett (or Companies That Fund His SLAPPs Against My Wife and I)
The only thing worse than misogynists are misogynists who fail to respect other people's right to go on holiday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News
Links 03/09/2025: Microsoft Causes Mass Layoffs Outside Microsoft Also, "Google Can Keep Paying for Firefox Search Deal"
Links for the day
Gemini Links 03/09/2025: calendar.txt, Alhena 5.3.1, and ROOPHLOCH
Links for the day
The Theory That the Man From McKinsey, Whom Red Hat Took From Microsoft a Month Ago as Executive, Wants 'Efficiency' (Lower Salaries)
So far... no "official" word
When Your Site's Articles Are Being 'Cheapened' by Slop as Feature Images
Dr. Farnell should become an advisor to The Register MS
Certificate Authority Let's Encrypt Drops to Only Half a Dozen Capsules and 0.2% of the Whole in Geminispace, Self-Signed is the Way to Go
It used to have hundreds, according to Lupa
Doing to Red Hat What They Already Did (and Still Do) to IBM
there seems to be a drive to hire cheaper staff, and it may be led by somebody Red Hat hired from Microsoft
Links 03/09/2025: Salesforce's Latest Mass Layoffs, 93% in Large Poll at The Register MS Say UK Government Should Dump Microsoft
Links for the day
Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025