Bonum Certa Men Certa

Donald Trump's Choice of Leadership for the USPTO Means That Invalid Patents Continue to be Granted Only for Law Firms to Profit

Legal departments versus justice and scientific advancement, competition

"It's certainly a lot more likely that Microsoft violates patents than Linux does [...] Basic operating system theory was pretty much done by the end of the 1960s. IBM probably owned thousands of really 'fundamental' patents [...] The fundamental stuff was done about half a century ago and has long, long since lost any patent protection."

--Linus Torvalds, 2007



Summary: Bogus patents (or 'fake patents' as today's President might put it) are being awarded in spite of 35 U.S.C. ۤ 101, almost as though SCOTUS does not exist or does not count; this means that a lot of lawsuits end up nowhere, leaving only a long trail of legal bills

OVER the weekend we wrote that in Australia the large patent law firms (through a front group of theirs) tried to bring back software patents because they assume that litigation and feuds are not only their source of income but something to be imposed on everyone else (taxing society and industry by legal bills). We received some heckling for that, courtesy of the patent trolls' lobby, so that might mean that we touched a sensitive spot (they didn't refute anything we had said). There's now a new article about it (behind a paywall of course) from an Australian site called Lawyerly.



No matter how one looks at it, it's impossible for law firms to deny that they want more lawsuits; they want to be involved in those because it's "big money" (to them at least, no matter the outcome of these lawsuits).

"We have reached a sad situation where the Director of the world's most influential patent office, the U.S. Patent and Trademark Office, simply diverges from the decisions made by courts and instead takes instructions from radicals like IPO, i.e. companies like IBM."We are saddened to see that the USPTO's new Director, Mr. Iancu, insists on granting fake software patents that have no legal worth or use. Maybe because the USPTO has been taken over by the litigation 'industry'? This Director had worked for Trump (his firm had done work for the President), whereupon he was thrust into the very top of the patent office. Somehow.

Earlier this week Marks & Clerk's Julian Asquith and Tobias Eriksson wrote that this "USPTO Director suggests new test for software patents" and remember that Marks & Clerk has long been very vocal in its support for software patents, even in Europe. It said that it had become easier to get software patents from the EPO than from the USPTO.

It's concerning that Director Iancu takes advice from and 'works' for IPO radicals, a front group funded by the likes of IBM to push for software patents in the US (he should follow the law and courts, not lobbyists), but here's what Asquith and Eriksson report:

The United States Patent and Trademark Office (USPTO) director, Andrei Iancu, recently gave a talk at the IPO’s annual meeting, and he had some…


The rest is behind a paywall. But what's important here is the headline and his participation in this event.

Weintraub Tobin meanwhile writes (on October 29th) that "Ordering Pizza Is Not Patentable!" (yes, exclamation mark in the headline) and he refers to the USPTO. A better headline and summary would have clarified (no need for exclamation marks) that courts assure the US patent office that it keeps granting bogus, fake, worthless software patents that have no legitimacy in actual legal processes. To quote Weintraub Tobin:

Some things are not patentable: laws of nature, natural phenomena, and abstract ideas. The Supreme Court has long held that inventions falling within these categories are not patentable; they are patent-ineligible subject matter. In 2014, the Supreme Court relied on this principle in deciding Alice Corp. Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347. In that case, the Court invalidated patent for a computerized system for mitigating risks in financial transactions. The Court also established a test for determining patent-eligible subject matter. Since then, Alice has been used to invalidate many patents, particularly software patents. Now it has been used to invalidate a patent for ordering pizza.

Ameranth owned four patents for “an information management system” for transmitting menus from a master database to handheld devices. In 2011, Ameranth filed suit in the Southern District of California against several defendants, including Pizza Hut, Domino’s Pizza, and others, for infringement of the four patents. The defendants challenged the validity of three of the patents in the Patent Trial and Appeal Board (PTAB). The PTAB invalidated many of the claims of the three patents, and, in a subsequent appeal, the Federal Circuit invalidated the remaining claims. All three patents were held invalid on the grounds that they were directed to patent-ineligible subject matter because the invention was an abstract idea.


We have reached a sad situation where the Director of the world's most influential patent office, the U.S. Patent and Trademark Office, simply diverges from the decisions made by courts and instead takes instructions from radicals like IPO, i.e. companies like IBM.

Recent Techrights' Posts

15 Countries Where Yandex is Already Seen to be Bigger Than Microsoft (in Search)
Georgia, Syrian Arab Republic, Cyprus, Moldova, Ukraine, Armenia, Azerbaijan, Kyrgyz Republic, Uzbekistan, Kazakhstan, Turkmenistan, Tajikistan, Belarus, Turkey, and Russia
FSF Has Made It Halfway to Its Target (Funding Goal) a Week Before Christmas Day
$400,000 definitely seems reachable now, especially if they extend the "deadline"
 
Links 19/12/2024: Nurses Besieged by "Apps", More Harms of Social Control Media Illuminated
Links for the day
Links 19/12/2024: Magnitude 7.3 Earthquake and Privacy Camp
Links for the day
Gemini Links 19/12/2024: Port Of Miami Explosion, TurboQOA, Gnus
Links for the day
Fake Articles About 'Linux'
Dated yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 18, 2024
IRC logs for Wednesday, December 18, 2024
[Meme] The Master Churnalist
Speaking of press releases being passed off as "journalism"
Spamnil's TFiR: Still Pretending Press Releases Are 'Articles' (TFiR 'Originals' as Plagiarism or Fluff)
Same as last year
Links 18/12/2024: Zakir Hussain Dies, TuneIn Layoffs
Links for the day
Links 18/12/2024: Karate Love and Advent of Code
Links for the day
Windows (or Microsoft) Has Become the "One Percent" (Market Share) in Chad
How long before it falls below 1%?
Arvind Krishna, IBM's CEO, Will Eventually Suck Up to Donald Trump Like His Predecessor Did or the Watson Family Did With Adolf Hitler
Literally Hitler
Being a Geek Need Not Mean Being Sedentary
"In the past 18 months," Berkholz writes, "I’ve lost 75 pounds and gone from completely sedentary to fit, while minimizing the effort to do so (but needing a whole lot of persistence and grit)."
GAFAM Kissing the Ring of the Mafia Don
"resistance" to dictatorship and defenders of democracy?
Slop Spaghetti From the Chef, Second Time Today
Fresh slop ready out the oven!
IBM - Like Microsoft - Lies About the Number of People It's Laying Off (Several Tens of Thousands, Not Counting R.T.O. "Silent" Layoffs and Contractors/Perma-Temps)
How many waves of silent layoffs have we seen so far at IBM this year?
Links 18/12/2024: EU Launches Probe Into TikTok (At Last!)
Links for the day
Links 18/12/2024: Doha/Qatar Trafficking, Bloat Comfort Zone, and Advent of Code 2024
Links for the day
Saving What's Left of Decent and Independent Journalism on the Web
We increasingly (over time) try to make local copies (hosted on our server) of important documents; it's hard to rely on third parties
[Meme] Microsoft's Latest Marketing Pitch
"Stop Being Poor; buy a new PC with TPMs"
In South Africa, a Very Large Nation, Web Developers Can Already Ignore Microsoft Browsers (Edge Measured Below 3% in 55 Nations)
The dumb assumption you must naively test with Microsoft browsers is no longer applicable in a lot of places
Open Source Initiative (OSI) is the Voice of Bill Gates and Satya Nadella
Not hard to see what they've done with the money
Microsoft Boasts That Its (Microsoft-Sponsored) "Open Source AI" Propaganda Got Cited in Media (That's Just What the Money Did)
This is a grotesque openwashing campaign
In Many Places Around the World, Perhaps as Expected, Yandex is Nearly Bigger Than Microsoft (Like in Several African Countries)
Microsoft may soon fall to "third place" in search
Keeping Productive This Christmas
We've (pre)paid for hosting till almost January 2026 and fully back on the saddle
IBM and Canonical Leave Money on the Table Because Microsoft Pays Them Not to Compete and Instead Market Windows, WSL, Microsoft 'Clown Computing', and TPMs
Where are the regulators?
Other Editors Who Agree "Hey Hi" (AI) is Just Hype But Won't Say So Publicly as It Might Upset Key Sponsors
Some media would gladly participate in a scam to make money
Brian Fagioli's Latest "Linux" Article Appears to be Fake
Another form of plagiarism/ripoff using bots?
IBM (and Red Hat) is a Patent Troll, Still Leveraging Software Patents to Extract Money Out of Other Companies by Suing Them
Basically, when it comes to patents, IBM is demonstrably part of the problem, not the solution
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 17, 2024
IRC logs for Tuesday, December 17, 2024
[Meme] When the People Who Falsely Accuse You of Pedophilia Turn Out to be Projecting
When you attack something or someone using falsehoods, as happens a lot to Richard Stallman (RMS), there's risk that the attacks will backfire, badly
In Some Countries, Such as Greece, Almost 80% of Windows Users Are on Vista 10 and About 85% Need to Move to GNU/Linux for Security Patches
Vista 11 was a failure
[Meme] They Don't Want the Public to Know What "Responsible Encryption" Really Means
They also blame "China" for their own back doors (because China learned how to exploit those)
The Linux Foundation's Certificate Authority (CA) Significantly and Suspiciously Raises the Number of Certificates It Issues (Quantity Increase/Inflation) by Lessening Their Lifetime in the Name of 'Security' (That Barely Makes Sense!)
LE made 3 months the "standard" for most, soon to become just 6 days instead of 6 months?
Why I Continue to Believe That at the End Software Freedom Will Win
a short and incomplete list of factors which I believe contribute to the sentiment that we can - and will - win the battles over hearts and minds in the "Tech" realm
Links 17/12/2024: More China Sanctions, GOP Scheming to Prop Up Fentanylware (TikTok)
Links for the day
Gemini Links 17/12/2024: The Streisand Effect and Productivity-systems Desiderata
Links for the day
Technology: rights or responsibilities? - Part X
By Dr. Andy Farnell
Links 17/12/2024: More "Tesla Autopilot" and "Hey Hi" (AI) Blunders
Links for the day
Instead of Promoting GNU/Linux (or Ubuntu) Ahead of Vista 10's EoL Canonical is Marketing Microsoft's Proprietary Software
It's like Canonical employs people who work for Microsoft, not for Canonical
Links 17/12/2024: Many Abuses by Microsoft and War Updates From Ukraine
Links for the day
Content Management Systems (CMS) Bloat/ Static Site Generators (SSG) Trouble
some Web site management stories
DEI Room at fedoraproject.org Pretty Much Dead
We're not against diversity but against its weaponisation by greedy people who do not value diversity at all
The "Latest Technology News" at BetaNews is Slop About Slop
This is at the very top of the "news" (front page) at the moment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 16, 2024
IRC logs for Monday, December 16, 2024