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. Microsoft Attempting to Destroy the Careers of Its Critics, Including Free Software Proponents

    Microsoft isn't changing and has not changed; the tactics described above are still being used, even by its "Open Source" (or "Open at Microsoft") people, who did this to me



  2. Links 19/6/2019: Linux Mint Vs Vista 10, Qt 5.13 Released

    Links for the day



  3. The Linux Foundation's Business Model

    The Linux Foundation's plan, illustrated



  4. Links 18/6/2019: i386 Abandoned by Canonical and a New osquery 'Community'

    Links for the day



  5. Indifference or Even Hostility Towards Patent Quality Results in Grave Injustice

    The patent extravaganza in Europe harms small businesses the most (they complain about it), but administrative staff at patent offices only cares about the views of prolific applicants rather than the interests of citizens in respective countries



  6. Links 18/6/2019: CentOS 8 Coming Soon, DragonFly BSD 5.6 Released

    Links for the day



  7. 'AI Taskforce' is Actually a Taskforce for Software Patents

    The mainstream media has been calling just about everything "HEY HI!" (AI), but what it typically refers to is a family of old algorithms being applied in possibly new areas; patent maximalists in eastern Asia and the West hope that this mainstream media's obsession can be leveraged to justify new kinds of patents on code



  8. Patent Maximalism is Dead in the United States

    Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. § 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. § 101 isn't expected to change



  9. Links 18/6/2019: Linux 5.2 RC5 and OpenMandriva Lx 4

    Links for the day



  10. Weaponising Russophobia Against One's Critics

    Response to smears and various whispering campaigns whose sole purpose is to deplete the support base for particular causes and people; these sorts of things have gotten out of control in recent years



  11. When the EPO is Run by Politicians It's Expected to Be Aggressive and Corrupt Like Purely Political Establishments

    António 'Photo Op' Campinos will have marked his one-year anniversary in July; he has failed to demonstrate morality, respect for the law, understanding of the sciences, leadership by example and even the most basic honesty (he lies a lot)



  12. Links 16/6/2019: Tmax OS and New Features for KDE.org

    Links for the day



  13. Stuffed/Stacked Panels Sent Back Packing After One-Sided Patent Hearings That Will Convince Nobody, Just Preach to the Choir

    Almost a week ago the 'world tour' of patent lobbyists in US Senate finally ended; it was an utterly ridiculous case study in panel stacking and bribery (attempts to buy laws)



  14. 2019 H1: American Software Patents Are as Worthless as They Were Last Year and Still Susceptible to Invalidation

    With a fortnight left before the second half of the year it seems evident that software patents aren't coming back; the courts have not changed their position at all



  15. As European Patent Office Management Covers up Collapse in Patent Quality Don't Expect UPC to Ever Kick Off

    It would be madness to allow EPO-granted patents to become 'unitary' (bypassing sovereignty of nations that actually still value patent quality); it seems clear that rogue EPO management has, in effect, not only doomed UPC ambitions but also European Patents (or their perceived legitimacy, presumption of validity)



  16. António Campinos -- Unlike His Father -- Engages in Imperialism (Using Invalid Patents)

    Despite some similarities to his father (not positive similarities), António Campinos is actively engaged in imperialistic agenda that defies even European law; the EPO not only illegally grants patents but also urges other patent offices to do the same



  17. António Campinos Takes EPO Waste and Corruption to Unprecedented Levels and Scale

    The “B” word (billions) is thrown around at Europe’s second-largest institution because a mischievous former EUIPO chief (not Archambeau) is ‘partying’ with about half of the EPO’s all-time savings, which are supposed to be reserved for pensions and other vital programmes, not presidential palaces and gambling



  18. Links 15/6/2019: Astra Linux in Russia, FreeBSD 11.3 RC

    Links for the day



  19. Code of Conduct Explained: Partial Transcript - August 10th, 2018 - Episode 80, The Truth About Southeast Linuxfest

    "Ask Noah" and the debate on how a 'Code of Conduct' is forcibly imposed on events



  20. Links 14/6/2019: Xfce-Related Releases, PHP 7.4.0 Alpha

    Links for the day



  21. The EPO is a Patent Troll's Wet Dream

    The makers of software and games in Europe will have to spend a lot of money just keeping patent trolls off their backs — a fact that seems to never bother EPO management because it profits from it



  22. EPO Spreading Patent Extremists' Ideology to the Whole World, Now to South Korea

    The EPO’s footprint around the world's patent systems is an exceptionally dangerous one; The EPO amplifies the most zealous voices of the patents and litigation ‘industry’ while totally ignoring the views and interests of the European public, rendering the EPO an ‘agent of corporate occupation’



  23. Guest Post: Notes on Free Speech, and a Line in the Sand

    We received this anonymous letter and have published it as a follow-up to "Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF"



  24. Links 13/6/2019: CERN Dumps Microsoft, GIMP 2.10.12 Released

    Links for the day



  25. Links 12/6/2019: Mesa 19.1.0, KDE neon 5.16, Endless OS 3.6.0 and BackBox Linux 6

    Links for the day



  26. Leaked Financial 'Study' Document Shows EPO Management and Mercer Engaging in an Elaborate “Hoax”

    How the European Patent Office (EPO) lies to its own staff to harm that staff; thankfully, the staff isn't easily fooled and this whole affair will merely obliterate any remnants of "benefit of the doubt" the President thus far enjoyed



  27. Measuring Patent Quality and Employer Quality in Europe

    Comparing the once-famous and respected EPO to today's joke of an office, which grants loads of bogus patents on just about anything including fruit and mathematics



  28. Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

    Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents



  29. Links 11/6/2019: Wine 4.10, Plasma 5.16

    Links for the day



  30. Chapter 10: Moving Forward -- Getting the Best Results From Open Source With Your Monopoly

    “the gradual shift in public consciousness from their branding towards our own, is the next best thing to owning them outright.”


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