Bonum Certa Men Certa

USPTO Director Iancu Works for Anti-SCOTUS (Against Section 101) Lobbyists

Last year: The Patent Microcosm is Trying to Derail Patent Reform and Make Iancu the 'American Battistelli'

Trump and Iancu



Summary: The United States Patent and Trademark Office Director Andrei Iancu is becoming to the patent system what Ajit Pai is to the FCC or to the broadband industry; there appears to be intentional vandalism and total disregard for the rule of law

HAVING just written about violations of the EPC at the European Patent Office (EPO), let's look at similar abuses at today's USPTO, which disregards Federal Circuit decisions and besieges the Patent Trial and Appeal Board (PTAB), the equivalent (more or less) of EPO's BoA.



"We foresaw this all along, even before he got the job."Mr. Iancu gleefully violating the laws that govern the Office doesn't surprise us. We foresaw this all along, even before he got the job. We had been writing about this for over a year.

Watchtroll, its striking lack of any comments lately and its connections to Iancu notwithstanding (those too are well documented), has just published "Iancu Highlights U.S. Role in the Future of Innovation in Remarks at U.S. Chamber’s [COC] Global IP Index Reception". Gene Quinn of Watchtroll basically reveals that Iancu now revels in the presence of this crooked bunch. He is aligning with corrupt COC. Surprising? No. Remember who he got this job from; it was crooked Trump. He got this job after his firm had worked for Trump (hallmark of corruption) and now he is serving the litigation 'industry' rather than the Office he works 'for' (similar to the pattern of FCC, EPA and so on).

"How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that)."What does COC say? Well, the usual. But rather than amplify the lies, as the corporate press around the world has done over the past week, let's just say that it's the same as what we saw before, e.g. [1, 2, 3]. It's lobbying for patent trolls' interests. "Following are remarks delivered by United States Patent and Trademark Office Director Andrei Iancu at the event, after being introduced by GIPC President and CEO," Quinn wrote. He also typed up some nonsense titled "The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress" (the ‘Iancu Effect’?!). So basically they say that the USPTO can just disregard the law ("Courts or Congress") and the expectation is that lobbying by COC et al can change what "Courts or Congress" do. How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that). They also attack politicians rather crudely for 'daring' (or finding the courage) to promote science and technology rather than patent trolls.

"Iancu is already angering groups that are supported by technology firms."Sadly, we live in bizarre times when agencies tasked with regulation actually do the exact opposite or what they were supposed to do. The USPTO is becoming just that under Iancu's oversight. It tarnishes the reputation of the USPTO in the same way Ajit Pai destroys what's left of the FCC and various people do at the EPA. There are many other examples like these across the US government. The likes of COC are allowed to toy around with public policy and the same goes for the Koch Brothers. COC's index is based on self-serving lies and a couple of weeks ago a Wall Street press apparatus also perpetuated the myth that innovation happens or exists only when there are patents (expensive; large companies can get lots of bogus ones). What is the goal of today's USPTO? Does it not realise that there's a crisis of confidence in US patents due to a torrent of false grants (those that had been granted over the past decade or two)?

Iancu is already angering groups that are supported by technology firms. "The @uspto proposal is an example of the agency putting its thumb on the scale in favor of #patent applicants at the expense of the public,” United for Patent Reform wrote this week, linking to the EFF's recent piece about Iancu. There's a new article from Joe Mullin/EFF video about "How Justus Decher Beat a Patent Troll". It was published yesterday and said:

Thousands of patent lawsuits are filed each year, and most of them deal with computer technology and software. Nearly 90 percent of those high-tech patent lawsuits are filed by shell companies that offer the public no products or services whatsoever. These patent-assertion entities, also known as “patent trolls,” simply enrich their owners by extracting money from operating companies.

In recent years, the Supreme Court has limited patent venue abuses, made fee-shifting easier, and most importantly, made it easier to throw out bad software patents in its Alice v. CLS Bank decision.

Patent troll lawsuits hurt real small businesses owned by regular people, most of whom don’t have the millions of dollars that would be required to defend themselves through a patent trial. We created our “Saved by Alice” project to tell their stories—the stories of company founders and entrepreneurs, who were able to keep on innovating because of the Alice decision.


The “Saved by Alice” project is a good initiative against software patents. Those patents are typically leveraged by trolls against a large number of small companies; the large targets can afford a legal challenge.

"It won't mean a comeback of software patents but of bogus ones."Want to stop a patent troll and make money at the same time? Unified Patents is looking to leverage prior art rather than 35 U.S.C. ۤ 101/Alice (SCOTUS) against a troll. In its own words (half a day ago), it is "seeking prior art for US 7,010,508 owned by and asserted by Landmark Technology, LLC, a well-known NPE." There's a thousand-buck award.

The bottom line is, many bogus patents are still being granted by the USPTO and rather than improve patent quality Iancu is seeking to lower quality even further. That would, as we argued a month ago, cause a crisis of confidence. It won't mean a comeback of software patents but of bogus ones.

Recent Techrights' Posts

Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
 
Gemini Links 01/04/2025: Games and More
Links for the day
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025
Links 31/03/2025: China Tensions, Bombs Falling in Myanmar After Earthquake
Links for the day
Gemini Links 31/03/2025: Falling Out of Love With Tech, Sunsetting openSNP
Links for the day
R.T.O. at IBM in Texas and Atlanta (State of Georgia) Expected as "Soft Layoffs" Catalyst This Coming Year
It also sounds like more IBM layoffs are in the making
Law Firms Can Also Lose Their Licence for Clearly Misusing It
The bottom line is, never made the false assumption that because you can pile up SLAPPs in a docket you will not suffer from bad reputation or even get disbarred
Link between institutional abuse, Swiss jurists, Debianism and FSFE
Reprinted with permission from Daniel Pocock
LLM Slop Piggybacking News About GNU/Linux and Distorting It
new examples
Links 31/03/2025: Press and Democracy Under Further Attacks in the US, Attitudes Towards Slop Sour
Links for the day
Open Source Initiative (OSI) Privacy Fiasco in Detail: The OSI Does Not Respect Anybody's Privacy
The surveillance mafia that bans dissent or key people (even co-founders) with dissenting views
Gemini Links 31/03/2025: More X-Filesposting and Dreaming in Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 30, 2025
IRC logs for Sunday, March 30, 2025
Links 30/03/2025: Security Breaches, Crackdowns on Dissent/Rival Politicians
Links for the day
Gemini Links 30/03/2025: London Soundtrack Festival, Superbloom, gmiCAPTCHA
Links for the day
Phasing Out Vista 10 in Nations Where ~90% of Windows Users Still Rely on It
Recipe for another Microsoft disaster
The Cost of Pursuing the Much-Needed Reform/Shield Against Strategic Lawsuits Against Public Participation (SLAPPs)
“It is curious that physical courage should be so common in the world and moral courage so rare.”
The LLM Bubble is About to Implode, Gimmicks and Financial Shell Games Cannot Prevent That, Only Delay It
To inflate the bubble MElon is now doing the classic trick of buying from oneself for a fictional value
Links 30/03/2025: Contagious Ideas, Signal Leak, and Squashing Lousy Patents
Links for the day
Links 30/03/2025: "Quantum Randomness" and "F-1 Visa Revoked" in US
Links for the day
Gemini Links 30/03/2025: US as a Threat, Returning to the WWW
Links for the day
Links 30/03/2025: Judge Blocks Dismantling Of VOA, Turkey Arrested Many Journalists
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 29, 2025
IRC logs for Saturday, March 29, 2025