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

09.24.18

USPTO FEES ACT Makes the US Patent Office a Money-Making Machine That Systematically Disregards Patent Quality

Posted in America, Law, Patents at 4:04 am by Dr. Roy Schestowitz

Taken for a ride by large corporations and their lawyers

LRT Interior

Summary: The lingering issues with patent assessment at the US patent office, which unlike US courts isn’t quite so impartial an actor (it benefits more from granting than from rejecting)

THE PATENTS being granted by the USPTO are sometimes worrying for ethical reasons, not just economic/business/innovation reasons. Consider this new article. Companies now compete over who can best figure out what’s inside your mind based on photos you take (or are taken in, even without your consent). Suffice to say, from our point of view a big issue with this patent is that it’s a software patent. Why do examiners still grants these? As if 35 U.S.C. § 101 does not exist and as if the Patent Trial and Appeal Board (PTAB) — assuming an inter partes review (IPR) got filed — would not invalidate it with the Federal Circuit‘s approval?

“They reject abstract things for not being patentable, for being mere thoughts, not “revolutionary”.”These patents are not at all “innovative”; the underlying ideas, moreover, are implementations in code, not innovation. Watchtroll’s David Wanetick wrote the other day that US “[p]atent examiners deem inventions to be “abstract” if they are too revolutionary” (Watchtroll actually wrote that nonsensical sentence last week!). What an utter lie. What lunacy. They reject abstract things for not being patentable, for being mere thoughts, not “revolutionary”. Here’s the full paragraph for more context:

Patent examiners deem inventions to be “abstract” if they are too revolutionary or “obvious” if the invention is less than revolutionary. Those patent applications that survive such prosecutorial rejections are likely to be clipped if they become subject to inter partes review challenges. For example, in Ex parte Hiroyuki Itagaki, the Patent Trial and Appeal Board ruled that a magnetic resonance imaging (MRI) machine is an abstract idea and thus patent ineligible.

No, that wasn’t what actually happened. MRI machines are very old (I should know; I worked with these); the writer alludes to the claims by the wrong ‘wholesale’ description. And so something that somehow relates to MRI machines got rejected (as patent ineligible).

“There should never be patents on mathematics.”Yes, so? So what? This is generally the sort of “intellectual dishonesty” we’ve seen Watchtroll accused of online. Watchtroll now celebrates software patents (i.e. bogus, invalid patents) in “A Look at RSA Cryptography and the Seminal Patent that Landed the Inventors in the Hall of Fame,” but we don’t suppose the writer knows (or cares) that these algorithms are not inventions but implementations or applied mathematics. There should never be patents on mathematics. Few would attempt to dispute that.

It has meanwhile been noted by Dennis Crouch (a patent maximalist, albeit more moderate than Watchtroll) that the USPTO maintains the financial incentive to just grant and grant and grant. Giving large corporations monopolies and making a lot of money in the process (creating money out of a mere concept!) or in his own words:

S. 3416 An Act to amend the Leahy-Smith America Invents Act to extend the period during which the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office may set or adjust certain fees.

Mr. Grassley (for himself, Mrs. Feinstein, Mr. Coons, and Mr. Hatch) recently introduced the USPTO FEES Act – Funds for Efficient and Effective Services Act. The primary clause in the provision would extend the USPTO feemaking authority for an additional eight years.

Why should the USPTO get to decide how much money it makes unless it is a private, pro-profit corporation? Going back to Watchtroll, yesterday it carried on pushing for legislation that would worsen patent quality. They said, “let us go on the record to say that we support: The TROL Act, R.6370; The STRONGER Patents Act, R.5340; The Restoring America’s Leadership in Innovation Act, H.R. 6264, sometimes referred to as the Massie-Kaptur Act…”

“…what we have at the moment is a system that puts profit before public interest and therefore grants like mad.”All of these are awful and that last one we wrote about several times in summer [1, 2, 3].

What’s needed in the US is a patent system that prioritises public interest. Instead, what we have at the moment is a system that puts profit before public interest and therefore grants like mad. There’s also a profound issue with corruption.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Links 1610/2018: Linux 4.19 RC8, Xfce Screensaver 0.1.0 Released

    Links for the day



  2. Judge-Bashing Tactics, Undermining PTAB, and Iancu's Warpath for the Litigation and Insurance 'Industries'

    Many inter partes reviews (IPRs) at the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO) leverage 35 U.S.C. § 101 against software patents; instead of putting an end to such patents Director Iancu decides to just serve the 'industry' he came from (a meta-industry where his firm had worked for Donald Trump)



  3. 'Cloud', 'AI' and Other Buzzwords as Excuses for Granting Fake Patents on Software

    With resurgence of rather meaningless terms like so-called 'clouds' (servers/hosting) and 'AI' (typically anything in code which does something clever, including management of patents) the debate is being shifted away from 35 U.S.C. § 101 (Section 101); but courts would still see past such façade



  4. Corporate Media's Failure to Cover Patents Properly and Our New Hosting Woes

    A status update about EPO affairs and our Web host's plan to shut down (as a whole) very soon, leaving us orphaned or having to pay heavy bills



  5. Links 15/10/2018: Testing Ubuntu 18.10 Release Candidates, KaOS 2018.10 Released

    Links for the day



  6. USPTO FEES Act/SUCCESS Act Gives More Powers to Director Iancu, Supplying Patents for Litigation 'Business' and Embargo (ITC)

    Corruption of the US patent system contributes to various issues which rely on the extrajudicial nature of some elements in this system; companies can literally have their products confiscated or imports blocked, based on wrongly-granted patents



  7. Court of Appeals for the Federal Circuit Decides That USPTO Wrongly Granted Patents to Roche

    Patent quality issues at the U.S. Patent and Trademark Office (USPTO) — motivated by money rather than common sense — continue to be highlighted by courts; the USPTO needs to raise the bar to improve the legal certainty associated with US patents



  8. Even Judge Gilstrap From Texas is Starting to Accept That Software Patents Are Invalid

    Amid new lawsuits from Texas (e.g. against Citrix) we’re pleased to see that even “reprehensible” Rodney Gilstrap (that’s what US politicians call him) is learning to accept SCOTUS on 35 U.S.C. § 101



  9. Federal Circuit Doubles Down on User Interface Patents, Helps Microsoft-Connected Patent Trolls Curtail the Prime Competitor of Microsoft Office

    Patent trolls that are connected to Microsoft continue to sue Microsoft rivals using old patents; this time, for a change, even the Federal Circuit lets them get away with it



  10. Let's Hope Apple Defeats All the Abstract Patents That Are Leveraged Against It

    Apple can be viewed as a strategic 'ally' against patents that threaten Android/Linux if one ignores all the patent battles the company started (and has since then settled) against Android OEMs



  11. EPO Insider/Märpel Says President Campinos Already Acts Like Battistelli

    Unitary Patent (UPC) is a step towards making the EPO an EU institution like the European Union Intellectual Property Office (EUIPO); but it's not making any progress and constitutional judges must realise that Campinos, chosen by Battistelli to succeed him, is just an empty mask



  12. Quality of Patents Granted by the EPO is Still Low and Nobody Will Benefit Except Lawyers, Jubilant Over Growing Lenience on Software Patents

    Deterioration of patent quality at the EPO — a serious problem which examiners themselves are complaining about — is becoming rather evident as new guidelines are very lenient on software patenting



  13. 100 Days Into the Term of Campinos There is Already an EPO Suicide

    A seventh known suicide at the EPO since the so-called 'reforms' began; the EPO continues to pretend that everything is changing for the better, but in reality it's yet more nepotism and despotism



  14. Links 13/10/2018: Ubuntu Touch OTA-5, MidnightBSD 1.0 Ready

    Links for the day



  15. Links 11/10/2018: PostgreSQL 11 RC1 Released, Librem 5 Loves GNOME 3.32

    Links for the day



  16. Friend Brings a Friend, Boss Becomes Subordinate: the EPO Under António Campinos is Starting to Look a Lot Like Team Battistelli 2.0

    The new President of the EPO contributes to the perception that the Office is a rogue institution. Governance is all in reverse at the Office because it still seems like the Office President bosses the Council rather than be bossed by it (as intended, as per the EPC)



  17. UPC Cowardice: Team UPC Uses Cloaks of Anonymity to Discredit Authors of Scholarly UPC Paper They Don't Like

    Team UPC has sunk to the bottom of the barrel; now it uses anonymous letters in an effort to discredit work of Max Planck Institute staff, in the same way (more or less) that ad hominem attacks were attempted against the filer of the constitutional complaint in Germany



  18. New EPO Guidelines: Granting European Patents on Business Methods, Algorithms, Mental Acts and Other Abstract Stuff

    Keeping so-called 'production' high and meeting so-called 'targets' (allegedly set by Battistelli), Campinos relaxes the rules for "computer-implemented inventions" (one among many misleading terms that mean software patents in Europe)



  19. Open Invention Network is a Proponent of Software Patents -- Just Like Microsoft -- and Microsoft Keeps Patents It Uses to Blackmail Linux Vendors

    OIN loves Microsoft; OIN loves software patents as well. So Microsoft's membership in OIN is hardly a surprise and it's not solving the main issue either, as Microsoft can indirectly sue and "Microsoft has not included any patents they might hold on exfat into the patent non-aggression pact," according to Bradley M. Kuhn



  20. Links 10/10/2018: Unreal Engine 4.21 Preview, Red Hat Openshift Container Platform 3.11

    Links for the day



  21. Links 9/10/2018: Plasma 5.14, Flatpak 1.2 Plan

    Links for the day



  22. Greg Reilly Inadvertently Makes a Case for Replacing/Improving the Patent System With a Wiki, Editable by All as Society Moves Forward

    Editable patents make a lot more sense in the age of the Internet and the World Wide Web; companies that rode the wave of the Net are themselves changing their patents on the go, sometimes because they simply attempt to dodge an evolving patenting criterion which nowadays looks down on software patents



  23. The USPTO's Principal Issue is Abstract Patents (or Patent Scope), Not Prior Art Searches

    In spite of the fact that US courts prolifically reject patents for being abstract (citing 35 U.S.C. § 101) Cisco, Google, MIT, and the USPTO go chasing better search facilities, addressing the lesser if not the wrong problem



  24. António Campinos Makes Excuses for Granting European Patents on Software in Spite of the EPC

    Continuing the horrid tradition of Battistelli, António Campinos sends patent quality -- the one aspect which the EPO was once renowned for -- down the drain (or down the shredder, for lack of a better and more timely metaphor)



  25. Antibody Patents Should Not be Allowed (Nor Should CRISPR Patents)

    The patent extremists are still trying to patent life (and/or nature) and their arguments typically boil down to, "there's money in it, so why the heck not?"



  26. Links 8/10/2018: Linux 4.19 RC7, Mageia 6.1, Calculate Linux 18

    Links for the day



  27. The Federal Circuit Continues to 'Lecture' the Patent Office on Patent Scope and Limits, But Iancu Isn't Listening

    Sadly, the district court have not fully caught up (at least not yet) with SCOTUS; they're more USPTO-friendly.



  28. U.S. Patent and Trademark Office Under Andrei Iancu Subjected to an Assault on Patent Quality

    Donald Trump has let the litigation industry 'govern' itself at the USPTO; all it has accomplished so far is even greater divergence between USPTO determinations and those of actual courts (which means that the USPTO does not follow the law, there’s a state of lawlessness)



  29. When It Comes to Patent Quality António Campinos Might be Even Worse Than Benoît Battistelli

    The lack of genuine interest in the quality of European Patents is perhaps a greater threat to the whole of Europe — if not the whole world — than well-documented human rights abuses and corruption inside the Office; António Campinos has shown no interest in improving patent quality as he denies such a problem even exists and he reduces transparency



  30. In Spite of Campaigns Against It, the Patent Trial and Appeal Board (PTAB) Squashes Software Patents by the Hundreds Per Month, Patent Maximalists Still Try to Stop It

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) achieve exactly what they were set out to do; those who view patent quality as a foe, however, aren't happy and they still try to undermine PTAB IPRs by any means possible (or at least slow them down considerably)


CoPilotCo

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

CoPilotCo

Recent Posts