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

04.13.19

Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

Posted in America, Patents, Site News at 9:45 am by Dr. Roy Schestowitz

As many as a million US patents probably cannot survive an American court’s scrutiny anymore

Some priority stamps

Summary: No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics

YESTERDAY we finalised the decision to take our eyes off the ball for the first time in over a dozen years. We used to watch very closely news regarding software patents, but it doesn’t seem like good use of time anymore. I’ve deleted the relevant RSS feeds.

What’s behind this decision? Well, surely the U.S. Patent and Trademark Office (USPTO) will still grant some software patents. But after consulting some friends I’ve come to the conclusion that it’s safe to say very few of these patents have a chance in court. The Federal Circuit has, for a number of years, rejected almost every such patent. So did the Patent Trial and Appeal Board (PTAB), especially in inter partes reviews (IPRs) dealing with older patents that had been granted in error prior to the IPRs.

“But these people don’t care about the law. What they really care for are serial extortion schemes, such as patent trolls’.”“Tillis/Coons Letter Underscores That More Can Be Done to Save the U.S. Patent System,” said Watchtroll on Friday, underlying the site’s frustration. When they’re angry and desperate it is a sign that we’ve “won” this battle. The SCOTUS-inspired 35 U.S.C. § 101 and even PTAB have been fought by Coons for several years [1, 2, 3], as we’ve noted the other day. A few more politicians had a go at it, but all of them failed and practically vanished. They had virtually no impact on policy. Nothing. Gene Quinn has meanwhile stepped down as editor and got some other job. He gave up. Their site is rapidly deteriorating (as judged by various criteria). Quinn has said that “Senators Thom Tillis (R-NC) and Chris Coons (D-DE) have written U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu,” but that’s like a prisoner writing to the ward rather than a judge. It would have no impact on actual rulings. Courts matter. These people are “raising a concern about what can really only fairly be characterized as the weaponization of the Patent Trial and Appeal Board (PTAB),” according to Quinn, inverting the narrative completely. PTAB is what helps defuse patent trolls and companies that leverage bogus patents. So who’s weaponising what here?

Watchtroll then proceeded to using their new propaganda term, “serial challenges.” It’s supposed to sound like “serial infringer” or their other propaganda term “efficient infringer.” In reality — and surely they know this — these challenges are the very basis of the rule of law. If a patent was granted in error, one should be able to file an appeal. But these people don’t care about the law. What they really care for are serial extortion schemes, such as patent trolls’.

We aren’t entirely stopping our monitoring of these matters, but we shall greatly decrease this effort and mostly relegate relevant stories to our daily links. It’s a matter of priorities and time management. A decade ago the roles were opposite; Watchtroll commended the system and it was us protesting all the time. Well, tables have turned completely.

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. Major Revelation: Microsoft Blackmail Against LAMP (GNU/Linux and Free Stacks for Servers) Goes At Least 16 Years Back, Predating the Novell Patent Deal

    (Techno-)Anthropological analyses of Microsoft's patent war on Free/libre software must take into account what Microsoft did to MySQL, a Swedish company at the time



  2. Links 4/4/2020: Sparky 5.11, Firefox 74.0.1, POCL 1.5

    Links for the day



  3. IRC Proceedings: Friday, April 03, 2020

    IRC logs for Friday, April 03, 2020



  4. Links 3/4/2020: Ubuntu Beta, GNOME 3.36.1, ExTiX LXQt Mini, NetBSD 8.2 Released

    Links for the day



  5. Digital Communication, Digitalisation and Videogaming Among the EPO's Latest Smokescreens for Illegal and Abstract Patents on Algorithms

    The EPO keeps liaising with the EU to promote patents which EU officials have themselves said were illegal; to make matters worse, the EPO's violations of its own laws inspire the United States to do the same



  6. Emotional Blackmail for Illegal Software Patents

    Semantic tactics the European Patent Office (EPO) uses to promote software patents in Europe and may theoretically use in the future (satire)



  7. Clear Linux is to GNU/Linux What Clearly Defined is to Open Source

    The idea that we need Intel to take GNU/Linux ‘mainstream’ is ludicrous; as OSDL co-founder (now succeeded in the flesh of the Corporate Linux Foundation), Intel is more about Linux (with DRM, “secure boot” and everything that lets it be remotely controlled) than about GNU and it’s not too keen on GPL (copyleft), either



  8. IRC Proceedings: Thursday, April 02, 2020

    IRC logs for Thursday, April 02, 2020



  9. Links 2/4/2020: Linux 5.6.2, Qt Creator 4.11.2, LineageOS ROM Based on Android 10

    Links for the day



  10. OIN in 2020 Resembles Linux Foundation in 2020 (Corporate Front Group Piggybacking the Linux Brand)

    We regret to say that the Open Invention Network seems not to care at all about Software Freedom; to make matters worse, it is a proponent of software patents and a voice for companies like IBM and Microsoft, not the "Community" it fancies misrepresenting



  11. Inside the Free Software Foundation (FSF) - Part IX: Semi-Happy Ending

    Richard Stallman is here to stay and the FSF will let him stay (as chief of GNU); we want to close the series on a positive note



  12. IRC Proceedings: Wednesday, April 01, 2020

    IRC logs for Wednesday, April 01, 2020



  13. Upcoming Articles and Research Areas

    Although we've failed to write as much as usual, we're still preparing some in-depth articles and maintaining Daily Links (in spite of unforeseen ordeals like a forced laptop migration)



  14. Links 2/4/2020: ProtonMail Bridge for Linux, GTK 3.98.2 and Red Hat DNF 4.2.21

    Links for the day



  15. Links 1/4/2020: Linux 5.7 Merges, Qt 5.14.2, GhostBSD 20.03, Linux Mint 20 Ulyana Plans, WordPress 5.4 “Adderley”

    Links for the day



  16. IRC Proceedings: Tuesday, March 31, 2020

    IRC logs for Tuesday, March 31, 2020



  17. Techrights to Delete Articles From All Past Years to Save Disk Space

    What if we deleted over 25,000 posts?



  18. IRC Proceedings: Monday, March 30, 2020

    IRC logs for Monday, March 30, 2020



  19. Links 30/3/2020: GNU Linux-libre 5.6, WireGuard 1.0.0

    Links for the day



  20. IRC Proceedings: Sunday, March 29, 2020

    IRC logs for Sunday, March 29, 2020



  21. Links 30/3/2020: Linux 5.6, Nitrux 1.2.7, Sparky 2020.03.1

    Links for the day



  22. The Fall of the UPC - Part IX: Campinos Opens His Mouth One Week Later (and It's That Hilarious Delusion Again)

    Team Campinos said nothing whatsoever about the decision of the FCC until one week later, whereupon Campinos leveraged some words from Christine Lambrecht to mislead everybody in the EPO's official "news" section



  23. Pretending EPO Corruption Stopped Under António Campinos When It is in Fact a Lot Worse in Several Respects/Aspects (Than It Was Under Benoît Battistelli)

    Germany's eagerness to keep Europe's central patent office in Munich (and to a lesser degree in Berlin) means that politicians in the capital and in Bavaria turn a blind eye to abuses, corruption and even serious crimes; this won't help Germany's image in the long run



  24. IRC Proceedings: Saturday, March 28, 2020

    IRC logs for Saturday, March 28, 2020



  25. Links 28/3/2020: Wine 5.5 Released, EasyPup 2.2.14, WordPress 5.4 RC5 and End of Truthdig

    Links for the day



  26. IRC Proceedings: Friday, March 27, 2020

    IRC logs for Friday, March 27, 2020



  27. The Fall of the UPC - Part VIII: Team UPC Celebrates Death, Not Life

    Team UPC plays psychological games now; it is trying to twist or spin its defeat as good news and something to be almost celebrated; it is really as illogical (and pathetic) as that sounds



  28. Links 27/3/2020: GNU/Linux Versus COVID-19 and Release of GNU Guile 3.0.2

    Links for the day



  29. When Your 'Business' is Just 'Patent Portfolio'

    Hoarding loads of patents may seem impressive, but eating them to survive is impossible if not impermissible



  30. LOT Network is a One-Man (Millionaire's) Operation and Why This Should Alarm You

    The ugly story of Open Invention Network (OIN) and LOT; today we take a closer look at LOT and highlight a pattern of 'cross-pollination' (people in both OIN and LOT, even at the same time)


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