Bonum Certa Men Certa

Making the Patent System About Productive Actors (Again), Not a Bunch of Law Firms and Trolls

Law firms like the one Iancu (on the left) came from, after it had worked for Donald Trump (on the right)

Trump and Iancu



Summary: The US patent system is going out of shape and out of tune, just like the EPO when Battistelli came to it, dismantling the rule of law and even judges whom he did not like

TECHRIGHTS has often focused on EPO scandals, USPTO reforms, and in recent years the new Director, whose agenda is similar to that of António Campinos. President Campinos, appointed by Battistelli (through pressure on the Council), pushes hard for software patents in Europe (under misleading buzzwords), whereas the latter, Iancu, keeps acting like Battistelli by ignoring 35 U.S.C. €§ 101 caselaw (similar to EPC being shunned) while pushing buzzwords. There's a growing similarity if not overlap across the Atlantic. It got a lot worse when Trump gave Iancu this job under controversial circumstances (nepotism). He wrongly assumes that he can assert control over judges and ignore input from USPTO stakeholders, who strongly oppose his position and policies. When we say stakeholders we don't mean law firms but actual companies and creators, engineers, designers etc. (those were, after all, the intended stakeholders of the USPTO when it was set up).



"When we say stakeholders we don't mean law firms but actual companies and creators, engineers, designers etc. (those were, after all, the intended stakeholders of the USPTO when it was set up)."Where do we go from here? Well, we must observe and respond to the situation. The eventuality isn't predetermined and may very well depend on what the public does. Iancu, for instance, is already coming under fire from stakeholders and even courts. As our readers certainly know, the EPO comes under weekly/daily fire even from its very own staff (salaried by the EPO).

At the moment, in 2019, the US patent office and the main European patent office, the EPO, are both controlled by clueless and dishonest people. One need only consider what events they attend and who they speak to. They don't care about science and technology. They wrongly assume that their offices exist just to grant as many patents as possible, giving rise to as many lawsuits as possible. Just before the weekend, for instance, we saw Christian Camarce and Karen Wong-Chan (Sterne, Kessler, Goldstein & Fox P.L.L.C.) celebrating PPH, the Patent Prosecution Highway. In practice, putting patent trolls on the "highway" (PPH) so that they can blackmail more people more quickly and more efficiently isn't what science and technology need; quite the contrary. The risk associated with rushed patent examination (and prosecution) discourages investment and causes greater uncertainty. As this law firm itself has explained:

The Patent Prosecution Highway (PPH) program accelerates examination among participating patent offices. The PPH program first began as a trial program between the U.S. Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) in 2006, to avoid duplicate work efforts and expedite patentability decisions between patent offices. [1] Since then, the program has grown to include over 40 patent offices, including the European Patent Office (EPO), Korean Intellectual Property Office (KIPO), China National Intellectual Property Administration (CNIPA), and Canadian Intellectual Property Office (CIPO). This article discusses a brief overview of the PPH program and surveys PPH activity in participating patent offices.

[...]

The above discussion indicates that the patent offices with the most PPH activity are the JPO and USPTO, with the JPO being the office of earlier examination receiving the most PPH requests and the USPTO being the office of later examination receiving the most PPH requests. The EPO, KIPO, CNIPA, and CIPA also receive a significant number of PPH requests. Thus, for applicants seeking patent protection in these jurisdictions, the PPH program may be a viable vehicle to obtain patents faster than by standard examination.


But at what expense? Accuracy of course. There's less time for appeals and objections, for instance. In the age of 35 U.S.C. €§ 101, moreover, American examiners are eager to also allow patents that ought not exist in the first place. Iancu is egging them on, making leeway for ignoring caselaw.

"At the moment, in 2019, the US patent office and the main European patent office, the EPO, are both controlled by clueless and dishonest people."Just before the weekend, Josh Landau (CCIA) spoke of "working to ensure that unclear patent claims—claims which fail to serve their intended purpose of providing public notice—are considered invalid."

Landau, like his implicit EFF allies, is growingly upset at Iancu's lies and distortions. Here's the context of this latest rant of his and some conclusions:

Amgen’s patent required a process with three separate steps. Sandoz’s process was a single step process that performed the same general function. But Amgen claimed that Sandoz infringed under the doctrine of equivalents, a patent law doctrine that allows a patent owner to assert infringement that goes outside of the literal scope of the claims.

[...]

Even if a patent claims one way of doing something, not just the result, if the language of the claims is unclear or impossible to understand—or even to understand easily—then members of the public are faced with the choice of either avoiding an area of technology they might well be entitled to use, or else engaging in that area and running the risk that they do infringe a valid claim.

USPTO Director Iancu often refers to “certainty” and “predictability” when discussing €§ 101. But those same concerns—the ability of the public to have certainty and predictability as to what a patent means—are far too often not part of the discussion. This week, the Federal Circuit again highlighted this problem. Their future case law should do the same, working to ensure that unclear patent claims—claims which fail to serve their intended purpose of providing public notice—are considered invalid.


None of the above is yet unheard of; we're seeing more and more arguments like these and ours predate the actual appointment of Iancu (when he was only nominated and way before his attacks on 35 U.S.C. €§ 101 back in January). Yesterday, perhaps belatedly, Patently-O wrote about the case that we had included in daily links for quite some time, asking (in the headline) the famous old question, "What happens when Patents Are Later Invalidated?"

"Iancu is egging them on, making leeway for ignoring caselaw."It's about 35 U.S.C. €§ 101.

The huge industrial and societal cost of fake patents being granted (and there's never justice at the end; only the lawyers benefit at everyone's expense) is described in the context of this case, even in the words of patent maximalists:

The basic question here is whether the late-stage invalidity in T-Mobile can be used to cancel Sprint’s adjudged liability. So far, the courts have sided with Sprint, although it was important for Sprint’s case that it took pains to slow-walk its post-appeal activity (request for rehearing and petition for certiorari) so that the case still had some life by the time the T-Mobile decision was released.

June 23, 2017 – the Federal Circuit invalidated the patents in the T-Mobile decision. June 27, 2017 (two business days later) – Sprint filed a R.60(b) motion for Relief from Judgment based upon the Federal Circuit’s binding authority “that the patent claims underlying that judgment are invalid as unpatentable under 35 U.S.C. €§ 101.” The district court complied and set-aside its prior verdict and the Federal Circuit affirmed — finding no abuse of discretion.

As part of the Sprint timeline, it is notable that the Federal Circuit issued its mandate in May 2017 (before the T-Mobile invalidity decision). After the T-Mobile decision, Sprint unsuccessfully requested that the Federal Circuit recall the mandate. However, the court did issue a statement that recall was “unnecessary” because the “mandate does not alter how the district court should decide the preclusive effect of the T-Mobile ruling, which did not exist in May 2017.”

Another important element here a big question about whether the T-Mobile invalidity applied to all of the claims at issue in Sprint (the Federal Circuit retrospectively said yes).


Will the cost of this injustice be taken into account or only USPTO revenue? SUEPO very well grasps the idea/impact of externality and has spoken about it publicly for a number of years. We very much appreciate SUEPO (i.e. European patent examiners) for that. Why don't USPTO examiners/patent clerks do the same?

"SUEPO very well grasps the idea/impact of externality and has spoken about it publicly for a number of years."As pointed out by Benjamin Henrion last night, far too many patents are being granted. "China just allows patents on pretty much everything," I responded to him. "My longstanding theory is that they flood the system of WIPO with junk so as to discredit it, making it obsolete (almost 1.5 million filings per year! More than the world COMBINED!)"

Henrion had also responded to another dumb piece from Watchtroll, titled "Independent Inventors to USPTO: We Are All Underrepresented in This Patent System"

"They labeled all software patent owners as patent trolls," he quoted from it, adding: "Rightly so. Software developers deserve freedom of programming, not interference from the state in between them and their keyboard [...] Small software patent trolls says they don't have a voice at the USPTO: "Like many software patents post-2014, my first attempt to enforce my rights was defeated this past October.""

"Blogs sympathetic to the agenda of Iancu are running out of steam and it's no wonder that the supposed 'bill' or 'fix' from Coons et al (against PTAB and Section 101 etc.) hasn't been mentioned in a long time. It's silently dying, just like in past years."When Watchtroll's Eileen McDermott talks of "Independent Inventors," I've told him, she means not inventors but people who have a patent and want to sue someone who actually does, not says, something. The term "inventor" became wildly misused like "patriot" and other nonsense. Giving them something like PPH is only exacerbating matters.

We don't want to link to Watchtroll. We stopped doing that about 5 months ago. We're still adding new cases and case outcomes to daily links, without necessarily commenting (for lack of time mostly). Like we said last week, many blogs have become inactive. Remember Docket Report? It suddenly stopped completely (last summer). There are other such examples. Blogs sympathetic to the agenda of Iancu are running out of steam and it's no wonder that the supposed 'bill' or 'fix' from Coons et al (against PTAB and Section 101 etc.) hasn't been mentioned in a long time. It's silently dying, just like in past years.

Recent Techrights' Posts

UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
 
Misleading Coverage in Slashdot Promotes and Openwashes Slop
Piggybacking RMS for the headline seems like a PR stunt of sorts
As Envisioned, a Rebellion and Many Whistleblowers at Microsoft
Whistleblowers ensure Microsoft has totally lost control of the "narrative" (face-saving PR)
Microsoft is a Right-Wing Company
Just remember that when people call Microsoft "woke"
GNU/Linux "Market Share" Rises to About a Quarter in Sudan
Can anyone explain to us why?
Gemini Links 19/07/2026: Visiting Ethiopia, Two Dreams, and Price of Skinnerboxes
Links for the day
Tears in IBM, Company Falls Apart While Management Fakes "Performance" to Take Bonuses
Wall Street is a naked emperor
Telling Our Story
In the coming years we'll have some high-impact stories to share and generally tell without fear of reprisal
Microsoft XBox Studio Leaders Upset at What the New CEO Did
From what we can gather, in 2024 XBox was already entering what's known as a "death spiral". Now it's literally moving down the drain/pipe.
IRC Started in Finland, GNU/Linux Did Not
History is like that
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day