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

03.18.19

Director Iancu Generally Viewed as a Lapdog of Patent Trolls

Posted in America, Patents at 2:14 am by Dr. Roy Schestowitz

A funny dog

Summary: As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)

THE U.S. Patent and Trademark Office (USPTO) is run by a patent maximalist. It’s not entirely new/s and more people/groups speak about it.

Being a patent maximalist, he opposes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which generally reduce the number of patents and may, in turn, impact confidence in US patents. He also dislikes most Federal Circuit decisions, hence he chooses to ignore these. He does not like 35 U.S.C. § 101 or Alice (SCOTUS), hence he attempts to rewrite the rules.

“Being a patent maximalist, he opposes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which generally reduce the number of patents and may, in turn, impact confidence in US patents.”As if squashing bad patents (like software patents) is a bad thing, IAM has just published this inane tweet about PTAB and the USPTO amplified the latest nonsense from its Director, Mr. Iancu. Well, Iancu used to work for patent trolls (and his firm had worked for Trump also… before he got this USPTO job from Trump), so why should we not expect this attitude? As quoted/paraphrased here, Iancu said: “We should focus on addressing areas of patent abuse, but it is counterproductive to use pejorative terms like ‘patent troll’ that paint with a broad brush.”

“Yes, we wouldn’t want to hurt the feelings of people who extort money with bogus patents that should never have been granted,” Professor James Bessen wrote about patent trolls, alluding to the above. Bessen had spent years of his career conducting studies on the economic impact of trolls before he wrote several high-profile articles on the subject. Bessen is highly regarded and is considered reliable, credible.

“Iancu is, to them, like an insider or a “mole”. He’s also a proponent of software patents (and has been for a long time).”Nothing (none of the above) surprises us. We foresaw this all along, even before Iancu got the job. Patent trolls are loving it. Iancu is, to them, like an insider or a “mole”. He’s also a proponent of software patents (and has been for a long time).

We kindly take note of this new article from Anders Fernstrom and Christopher Hutter (Cooley LLP, representative of many patent trolls), which uses the term “Computer-Related Patents” and says that Iancu’s “USPTO Revised Patent Eligibility Guidelines Significantly Eases Path to Obtaining” them. They’re missing the point, perhaps intentionally, that actual patent courts would reject virtually all of these patents. So the USPTO is handing out duds — worthless patents that only have use outside the courts, e.g. in the hands of trolls who engage in extortion campaigns against small businesses.

“The truth of the matter is, what we saw at the EPO now happens at the USPTO. Judges are being ignored and besieged for the Office to just grant lots of bogus patents that mostly trolls can exploit (outside courts).”Pearl Cohen Zedek Latzer Baratz’s Caleb Pollack and Nathan D. Renov have also just published “USPTO’S Revised Software Eligibility Guidelines Give Applicants Hope and Examiners More Ability to Allow Applications” (which courts, once again, will reject).

Days ago we noticed this ‘ad’ from Knobbe Martens, a litigation giant, disguised as an ‘article’. It said “Strategies for Obtaining Patents on AI Inventions in the U.S. and Europe” (they’re calling software patents “AI”; they’re bunk, void and invalid both in Europe and the US).

“At the end of the day, the trolls’ lobby seems very much eager to lower patent quality; Iancu is 100% with them.”The truth of the matter is, what we saw at the EPO now happens at the USPTO. Judges are being ignored and besieged for the Office to just grant lots of bogus patents that mostly trolls can exploit (outside courts).

The patent trolls’ lobby, IAM, has just published this article about “new research” (possibly from Koch-funded 'scholars' who push the Koch's patent agenda). Behind IAM’s paywall: “Academic calls for Congress to act on 101 “to restore investor confidence” with private equity and VC players clear that doubts over patentability…”

We can imagine which scholars those are, but the paywall makes it hard to be sure. At the end of the day, the trolls’ lobby seems very much eager to lower patent quality; Iancu is 100% with them.

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 24/4/2019: Chrome 74, QEMU 4.0 Released

    Links for the day



  2. Supreme Court of the UK, Which Habitually Throws Out European Patents, May Overturn Troublesome Unwired Planet v Huawei Decision

    A lot of European Patents are facing growing scrutiny from courts (Team UPC, including Bristows, publicly complains about it this month) and "greenwashing" of the Office won't be enough to paint/frame these patents as "ethical"



  3. German Federal Patent Court Curbs the Patent Maximalism of the EPO, Which Promotes Patents on Nature and/or Maths Every Single Day

    European courts are restraining the EPO, which has been trying to bypass or replace such courts (with the UPC); it certainly seems as though European Patents rapidly lose their legitimacy or much-needed presumption of validity



  4. Any 'Linux' Foundation Needs to Be Managed by Geeks, Not Politicians and PR People

    Linux bureaucracy has put profits way ahead of technical merits and this poses a growing threat or constitutes risk to the direction of the project, not to mention its ownership



  5. Links 23/4/2019: Kodi 'Leia' 18.2 and DeX Everywhere

    Links for the day



  6. Code of Coercion

    Entryism is visible for all to see, but pointing it out is becoming a risky gambit because of the "be nice!" (or "be polite!") crowd, which shields the perpetrators of a slow and gradual corporate takeover



  7. António Campinos Would Not Refer to the EPO's Enlarged Board of Appeal If He Did Not Control the Outcomes

    António Campinos and his ilk aren’t interested in patent quality because his former ‘boss’, who publicly denied there were issues and vainly rejected patent quality concerns as illegitimate, is now controlled by him (reversal of roles) and many new appointees at the top are "yes men" (or women) of Campinos, former colleagues whom he bossed at EUIPO (as expected)



  8. Links 22/4/2019: Linux 5.1 RC6, New Release of Netrunner and End of Scientific Linux

    Links for the day



  9. USPTO and EPO Both Slammed for Abandoning Patent Quality and Violating the Law/Caselaw in Order to Grant Illegitimate Patents on Life/Nature and Mathematics

    Mr. Iancu, the ‘American Battistelli’ (appointed owing to nepotism), mirrors the ‘Battistelli operandi’, which boils down to treating judges like they’re stooges and justices like an ignorable nuisance — all this in the name of litigation profits, which necessitate constant wars over illegitimate patents (it is expensive to prove their illegitimacy)



  10. IRC Proceedings: January 27th, 2019 – March 24th, 2019

    Many IRC logs



  11. IRC Proceedings: December 2nd, 2018 – January 26th, 2019

    Many IRC logs



  12. Links 21/4/2019: SuperTuxKart's 1.0 Release, Sam Hartman Is Debian’s Newest Project Leader (DPL)

    Links for the day



  13. The EPO's Use of Phrases Like “High-Quality Patent Services” Means They Know High-Quality European Patents Are 'Bygones'

    The EPO does a really poor job hiding the fact that its last remaining objective is to grant as many European Patents as possible (and as fast as possible), conveniently conflating quality with pace



  14. A Reader's Suggestion: Directions for Techrights

    Guest post by figosdev



  15. Links 20/4/2019: Weblate 3.6 and Pop!_OS 19.04

    Links for the day



  16. The Likes of Chartered Institute of Patent Attorneys (CIPA), Team Campinos and Team UPC Don't Represent Europe But Hurt Europe

    The abject disinterest in patent quality and patent validity (as judged by courts) threatens Europe but not to the detriment of those who are in the 'business' of suing and printing lots of worthless patents



  17. The Linux Foundation Needs to Change Course Before GNU/Linux (as a Free Operating System) is Dead

    The issues associated with the Linux Foundation are not entirely new; but Linux now incorporates so many restrictions and contains so many binary blobs that one begins to wonder what "Linux" even means



  18. Largest Patent Offices Try to Leave Courts in a State of Disarray to Enable the Granting of Fake Patents in the US and Europe

    Like a monarchy that effectively runs all branches of government the management of the EPO is trying to work around the judiciary; the same is increasingly happening (or at least attempted) in the United States



  19. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  20. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  21. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  22. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  23. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  24. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  25. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  26. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  27. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  28. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  29. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  30. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe


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