09.08.18

Gemini version available ♊︎

35 U.S.C. § 101 Squashes Already-Granted US Patents, Europe Needs Post-Grant Appeals to Accomplish the Same Because EPO Grants Software Patents

Posted in America, Europe, Patents at 11:40 am by Dr. Roy Schestowitz

Defendants (or accused parties) shouldn’t need to wait until there’s costly litigation to prove the invalidity of particular European Patents

Robert Jain
Robert Jain. Image source: Unified Patents

Summary: The crowdsourcing or crowdfunding efforts which leverage PTAB to help eliminate bogus patents, wrongly granted by the USPTO, would be appreciated in Europe as well because of the out-of-control EPO

NOTHING matters more than patent quality. Granularity, complexity, novelty etc. all matter, otherwise monopolies are being granted on just about anything. Examples have been named here for almost 12 years and examiners from the EPO openly speak about these things, unlike their management. Examiners take pride in proper scrutiny of patent applications (like peer review of scholarly papers/literature), whereas management types just want to see big numbers, which they conflate with “production” (Iancu's approach as well as the attitude of Battistelli and António Campinos).

“This is where the public has to step in and correct the examination work, if not by opposition from a firm (typically prior to award/grant) then by crowdsourcing/crowdfunding efforts.”Sometimes, as in the EPO, examiners aren’t allowed to do their job properly. They get sacked or risk getting sacked if they do. We covered this before and there are leaks to that effect. This is where the public has to step in and correct the examination work, if not by opposition from a firm (typically prior to award/grant) then by crowdsourcing/crowdfunding efforts. Over the years there were several such efforts (like Peer-to-Patent), but none really endured in the long run because not enough people participated and these efforts predated AIA.

As Robert Jain explains and shows (a few days ago), Unified Patents' bounties work; they encourage people to submit prior art whereby patents wrongly granted by the U.S. Patent and Trademark Office (USPTO) get invalidated at the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs). These typically leverage 35 U.S.C. § 101 (Alice at SCOTUS helps) and the Federal Circuit affirms, sealing the deal and nailing that patent’s (or patents’) coffin for good.

Here’s a new update from Jain:

On September 1, 2018, Unified added four new prior art contests to PATROLL, a prior art crowdsourcing solution. Three of the four patents (US Patent Nos. 9471287, 7594168 and 6546397) are owned by Express Mobile, Inc. (an NPE) and have been asserted against a wide variety of operating companies. Unified is offering a $1,000 cash prize for prior art on the ’287, ’168 or ’397 patents which relate generally to website developer tools.

Unified also added a $2,000 contest seeking prior art for US Patent No. 9119033, owned and asserted by PerDiemCo, LLC (an NPE). The ’033 patent, related to a vehicle tracking system, was previously challenged at the PTAB in IPR2017-01007 which settled after the Board instituted trial.

PTAB, based on a newer update from Jain, helps against a patent troll, Jay Walker, for the following reasons:

On September 6, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 8,549,310 owned and asserted by Certified Measurement, a subsidiary of Walker Innovation and well-known NPE. The ’310 patent, directed to a “method and apparatus for secure measurement certification,” has been asserted in multiple cases against such companies as Yokogawa America, ABB, and Alstom.

Even based on the title alone it’s not hard to see that it’s a bogus and likely abstract patent. The word “apparatus” is typical yet misleading. It would be nice for Europe to adopt an IPR-like process and for groups like Unified Patents to operate here. We’ve recently been highlighting some truly dodgy European Patents.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Microsoft GitHub Exposé — Part XX — Entering Phase II

    We're about to resume the long-running series about the sick clique which ran GitHub until the assault on women became too much of a liability (among other wrongdoings and PR blunders)



  2. Links 24/05/2022: Fedora 37 Test Days and Tor Browser 11.0.13

    Links for the day



  3. Microsoft Vidal, as USPTO Director, Already Plays 'Political Cards' to Disguise and Deflect Away From the Corporate Agenda

    Microsoft Vidal, another corporate pawn in charge of the world’s most dangerous patent system, is using soft-spoken defle



  4. Links 24/05/2022: WAL-G 2.0

    Links for the day



  5. IRC Proceedings: Monday, May 23, 2022

    IRC logs for Monday, May 23, 2022



  6. Unethical Advertising, Published as So-called 'Articles', in CNX Software

    As we noted earlier this year, the CNX team is looking for money in the wrong places



  7. Links 23/05/2022: Broadcom to Buy VMware?

    Links for the day



  8. LibreOffice Conference 2022, As Before, Puts the Keynotes on Sale (the Rich Buy Influence, the Price Doubles)

    Discrimination against the community; talks and mentions are based on money, not merit ($2000 has become $4000 in just one year)



  9. Links 23/05/2022: Kdenlive 22.04.1 and New Alpine Linux Released

    Links for the day



  10. António Campinos Promotes Software Patents Using Buzzwords and Sketchy Loopholes With Dubious Legal Basis

    ‘Monopoly Tony’ (António Campinos) is shamelessly manipulating EPO processes at both ends (sender and receiver) to facilitate the illegal granting of invalid European software patents; we’re meant to think this former EU official and imposter (banker) is some guru in the sciences because he reads a lousy speech crafted for him with lots of meaningless buzzwords peppered all over it (he’s not good at reading it, either)



  11. [Meme] Jorgotta Be Kidding Us, Campinos!

    Monopoly Tony (António Campinos) runs the EPO by attacking the very legal basis of the EPO’s existence



  12. Unified Patent Court (UPC) Relies Too Much on Lies and Mischief Without Any Basis in Law

    Today’s video runs through the typical (weekly) lies from Team UPC — lies that are very easy to debunk; Team UPC not only drafted the thing but also looks to profit from it while misleading politicians and bribing publishers to spread intentionally misleading statements (lies)



  13. IRC Proceedings: Sunday, May 22, 2022

    IRC logs for Sunday, May 22, 2022



  14. Links 23/05/2022: Fedora 36 Reviewed

    Links for the day



  15. [Meme] It's My Working Party... And I'll Cry If I Want to!

    EPO President António Campinos is still not being held accountable for his Code of Conduct violations



  16. Links 22/05/2022: The 5.18 Kernel is Out

    Links for the day



  17. Gemini is Bigger Than Most People Care to Realise

    Geminispace has gotten to the point where it's too computationally expensive (or outright pricey) to study, let alone keep abreast of, Gemini capsules or the domain space as a whole



  18. Links 22/05/2022: Rock64 and Peppermint OS Release

    Links for the day



  19. [Meme] UPC is Always Next Year (and Next Year It'll Surely be the Year After That)

    The UPC will come “next year”, just like every year (since almost a decade ago) just because the lunatic promises so and crushes the law, quite frankly as usual, cusioned and protected by the UPC lobby



  20. UPC: Turning Patent Lawyers Into Liars and the Media Into Their Money-Grabbing Megaphone (Platform for Fake News)

    The above 26 screenshots (with necessary annotation added) hopefully illuminate the degree of deceit, manipulation, bribery and distortion of public discourse (fake news and advocacy of patently unlawful activities)



  21. Number of Working/Online Gemini Capsules, Known to Totally Legit Gemini Search (TLGS) and to Lupa, Exceeds 2,500

    Assuming that Lupa reduced its crawling capacity (this graph seems to confirm this), we’ve decided to aggregate data from 3 sources and assess the size of Geminispace; Lupa says it can see 1,947 active capsules, but there are many more it has not kept track of



  22. [Meme] Monopoly Tony

    The gentlest, kindest president the EPO ever had



  23. It Took Campinos Three or More Years to Undo Illegal Battistelli Actions on Boards of Appeal and Strike Regulations (Only After Losing at ILO-AT!), But He Does Not Mention That

    Let’s all remember that as the EPO‘s so-called ‘President’ António Campinos (Monopoly Tony) vigorously defended completely unlawful actions of Benoît Battistelli until courts compelled him to stop doing that (Strike Regulations); notice how, in the video above — a portion of this full clip from several months ago — he did not bother mentioning that for 3.5 years that he had “led” the Office the Boards of Appeal were in exile, in direct violation of the EPC, yet nobody is being held accountable for it



  24. IRC Proceedings: Saturday, May 21, 2022

    IRC logs for Saturday, May 21, 2022



  25. Links 22/05/2022: Free Software Developments in Bratislava

    Links for the day



  26. Gemini is the Direction the Paginated Internet Should Have Taken (Not Bloated Web With JavaScript and DRM)

    An update on Gemini and why you might wish to explore it (if you aren't using it already)



  27. EPO.org Now Openly Brags About Making Illegal Patents a Welcomed Part of the Examination Guidelines

    The EPO persists in illegal, unlawful agenda; it's even finding the audacity to advertise this in the official Web site



  28. Links 21/05/2022: Security Blunders and Microsoft Posturing

    Links for the day



  29. Links 21/05/2022: GitLab at Fedora and Pipewire in Next Ubuntu

    Links for the day



  30. Links 21/05/2022: HP Teams up with System76

    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