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

01.02.20

Invalid Patents ‘Great Again’?

Posted in America, Patents at 10:54 am by Dr. Roy Schestowitz

Andrei Iancu putting his longtime advocacy of software patents into practice (even if it's illegal)

Disappointed

Summary: Disappointed patent recipients to come? The USPTO has apparently resumed mass allowance of bogus patents which are abstract and would therefore fail 35 U.S.C. § 101 tests in American courts

TWO blog posts caught our attention yesterday and we’ve already mentioned these in Daily Links. But these merit futher debate. They show that the U.S. Patent and Trademark Office (USPTO) disregards 35 U.S.C. § 101, dis-empowers the Patent Trial and Appeal Board (PTAB) where inter partes reviews (IPRs) remove fake patents, and leaves the Federal Circuit — an actual court — to clean up the mess.

“It’s an attack on the legal mechanisms — similar to what we’ve been witnessing at the EPO.”Shades of António Campinos (and prior to him Battistelli) at the European Patent Office (EPO). They’re using the “hey hi” (AI) hype to justify abstract software patents [1], the judges are being besieged [2], and as a result more patents are being granted [3] — irrespective of underlying legitimacy.

As we put it yesterday in Daily Links, the USPTO “lowered patent quality again (by granting loads of illegal patents such as abstract ones, using ridiculous loopholes)” and “software patents booster Michael Borella (no, he’s no coder) [wrote about] the Office cherry-picking PTAB cases so as to continue granting illegal, fake, bogus, laughable patents…”

According to Unified Patents, PTAB proceedings were down by a quarter last year, just as Iancu had planned and hoped. It’s an attack on the legal mechanisms — similar to what we’ve been witnessing at the EPO.

Related/contextual items from the news:

  1. USPTO Makes Ex Parte Linden An Informative PTAB Decision

    Moreover, the Examiner found that the claim also fails under the second step of Alice. To that point, the Examiner wrote that the claimed invention “[d]oes not amount to significantly more since it is just decoding a transcription using a mathematical formula or relationship.”

    [...]

    This case is of note because it is one of the first in which the PTAB has confirmed that a machine learning invention can be non-abstract. While the USPTO’s example 39 has suggested that one can claim a machine learning procedure without reciting any of the underlying mathematics, a mental process, or a method of organizing human activity, this decision affirms that is the case. The PTAB also seemed persuaded, based on statements made in the specification, that the claimed invention entails an improvement over previous techniques used to address the problem domain.

    Of course, a district court or the Federal Circuit might agree or disagree. But, at the very least, the reasoning herein provides a roadmap for claim drafting and prosecution that may situate an invention to pass § 101 muster in the USPTO.

  2. 2019 Patent Dispute Report – Year in Review

    Keeping with the trend of previous years, the volume of new patent disputes decreased yet again in 2019. However, the number of patent disputes involving Non-Practicing Entities (NPEs) increased by 4% compared to 2018, perhaps fueled in part by the sharp decrease in new PTAB petitions and low institution rates.

    Highlights:

    - The number of new PTAB proceedings (IPRs, CBMs, and PGRs) is down 23% compared to 2018. Meanwhile, the PTAB’s institution rate in IPRs has remained steady with trial being instituted in 62% of proceedings in 2019.

  3. How Many Patents Issued in 2019?

    New Record – 354,507 Utility Patents issued by the USPTO in 2019. The decade (2010s) also outstripped any other decade by leaps and bounds.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  2. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  3. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft



  4. Debian's Network of Gossip and Gossipmongering in Debian-Private

    Reprinted with permission from Debian Community News



  5. More EPO Disclosures: An Explanation of How an EPO Survey Plots to Dismantle the EPO's Staff

    Dismantling the Office for the benefit of a bunch of private companies (taking over various duties of EPO staff) seems like the management's goal; included in image form (and text) below is today's publication. There's a PDF with text (not OCR) but it contains metadata.



  6. Forced Confessions and Thought Control in Debian

    Reprinted with permission from Debian Community News



  7. [Meme] You Cannot Elect/Vote Corporations Out of Power (Eternal Vigilance is Required)

    Based on early polls, Biden will be president-elect in about a month and a half; but it’s important to remember that the election (if honoured by the current tenant of the White House) won’t be the end of corporate abuse of power in the same sense that driving Microsoft out of business won’t miraculously mean that Free software ‘won’ (we have a lot more to confront still)



  8. Debian Volunteers Disallowed and Forbidden From Talking About Politics (Unlike Debian's Aristocracy That Handles All the Money From Sponsors)

    Reprinted with permission from Debian Community News



  9. Political Compass for Free Software (and Those Who Attack Software Freedom)

    With RMS (the father of the movement) betrayed from multiple angles (OSI, Linux Foundation etc.) it’s probably important to depict what’s going on, quasi-politically speaking



  10. Richard Stallman Has Not Changed His Tune at All

    Richard Stallman's (RMS) principled views regarding software go back to the days of zeroes and ones; his position 35 years ago was almost indistinguishable from today's position



  11. IRC Proceedings: Thursday, September 17, 2020

    IRC logs for Thursday, September 17, 2020



  12. Keith Packard: Richard Stallman Was Right (About the GPL)

    A 2020 video (before lock-downs) from the brain behind X11 and various lesser-known projects



  13. The Quandary of 'Ethical' Sponsors and One's Ability to Criticise Them (Otherwise It's a Potential Bribe in Exchange for Censorship of Critics)

    When Free software advocacy groups are indebted to companies that greatly harm people's freedom (including privacy) we have to ask ourselves questions regarding morality and ethics because money isn't inherently evil, it depends who or where it comes from (on what implicit conditions)



  14. When Attempting to Run for Debian Project Leader (DPL), Only to Realise the Process is Rigged (and Censored) to Protect Past Leaders

    Reprinted with permission from Debian Community News



  15. [Meme] Linux Foundation Does Not Represent Linux Users

    With only one truly technical person inside the Linux Foundation Board (it got a lot worse in 2020) it seems safe to call it 95%+ corporate gerrymandering with no signs of improving any time soon; it’s all about letting hostile corporations change Linux rather than allowing Linux to change the world



  16. Somebody Needs to Talk About Free Software Politics

    The world of Free software is full of politics; it's impossible to be completely apolitical in it and just like "office politics" or "corporate politics" a lot boils down to deception, manipulation, exchange of favours (sometimes bribes) and we must talk about those things if we're ever going to seriously tackle abuse



  17. 2020 Elections: No, It's Not About Russia

    The Biden/Trump false dichotomy (perpetuating the two-party system monopoly/duopoly) borrows from Russophobic tactics and fact-free shaming



  18. Nepotism and Conflicts of Interest in Free Software

    Reprinted with permission from Debian Community News



  19. Links 17/9/2020: Qt Creator 4.13.1, Linux 5.8.10 and Mesa 20.1.8 Released

    Links for the day



  20. Codes of Contradiction

    Reprinted with permission from Debian Community News



  21. [Meme] Two Dictators: When Jimmy Met Satya

    Jim Zemlin’s Linux Foundation has sold Linux to a bunch of Linux-hostile dictators



  22. Germany Would Violate 3 International Agreements With the Unitary Patent, Says FFII

    Open Letter to the Bundesrat: “Germany will violate 3 international agreements with the Unitary Patent”



  23. Expulsions by Vendettas

    Reprinted with permission from Debian Community News



  24. [Meme] António Campinos Fools Nobody at the EPO Anymore

    António Campinos, President of the EPO, is failing to hide who or what he really is; he’s not even trying anymore



  25. EPO Gradually Becomes a Set of Private Corporations (Some Aren't Even European and Work Against Europeans)

    The sale of the EPO, piece-wise so to speak, is accelerating under the leadership of the new President, who also helps cover up serious financial misconduct by Benoît Battistelli, who arranged this job for him



  26. IRC Proceedings: Wednesday, September 16, 2020

    IRC logs for Wednesday, September 16, 2020



  27. Links 17/9/2020: GNOME 3.38 and LabPlot 2.8

    Links for the day



  28. Cliques That Form and Nepotistically Control Debian (Whilst Ousting Challengers and Intimidating Influential Contributors)

    Reprinted with permission from Debian Community News



  29. How Unix Works (Explanation by Its Founding Fathers)

    An early look at the system which decades later took over the entire world (as a prototype or as a concept and de facto standard at least); it's partly relevant to the systemd debate



  30. António Campinos is Believed to be “Dismantling” the EPO

    It looks like the EPO is gradually abolishing much of itself; staff is understandably stressed about the matter


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