09.10.21

[Meme] 12 Years of Corporate Deplorables Running the USPTO

Posted in America, Google, IBM, Patents at 5:42 pm by Dr. Roy Schestowitz

In the EPO (Europe), the regime is an aggressive dictatorship of corporations and litigation giants, served by António Campinos and Benoît Battistelli; in the US, it’s the corporations themselves

PragerU Reagan: Kappos, Lee, Iancu
Where are the civil servants?

Summary: It’s hard to swallow the idea (myth, fiction) that the U.S. Patent and Trademark Office protects the ‘small person’ when it’s run by Mr. Iancu, an old Trump associate (protecting a high-profile fraud), preceded by Mr. Kappos (Microsoft and IBM lobbyist) and Michelle Lee (Google)

09.07.21

David Kappos (IBM/Microsoft Lobbyist) Reported for Misuse of Authority and Conflict of Interest

Posted in America, GNU/Linux, IBM, Microsoft, Patents at 9:50 am by Dr. Roy Schestowitz

Old monopolies and current monopolies want more than just patent monopolies

IBM and Nazi flag
Image sourced from The Hidden Nazi History of IBM and how they chose profit over morality

Summary: For a number of decades the USPTO has been discriminating against GNU/Linux users and for a number of years it has been pushing “Microsoft tax” (applicants must pay more if they don’t use Microsoft’s proprietary formats); some people challenge this culture of vendor capture inside the USPTO

LAST month we wrote about issues associated with past staff of the U.S. Patent and Trademark Office (USPTO) which now works in the lobbying sector, in effect trying to shape the law for large clients like IBM and Microsoft. Among the objectives: extinguishing 35 U.S.C. § 101 and bringing back software patents. Last year we showed that an IBM lobbyist (paid millions by IBM) “Used COVID-19 Lies to Push for Software Patents From the Back Door, Undermining What Courts Have Determined” (even the highest court); not even the EPO had gone that far in promotion of software patents.

“We have many readers who use GNU/Linux, but we’re not sure how many of them interact with patent offices.”Earlier this year we mentioned how those same people misused the USPTO to reinforce Microsoft’s monopoly. One of our readers has had enough and is taking action [PDF]. Bar complaint against Kappos was submitted the other day. “I filed a bar complaint against Kappos in California,” a reader told us, where he’s a member of the bar. I’ll file complaints in New York and Washington, DC, too – where he is also a member – but it seems to be a little more difficult than in California.”

“I will be very surprised if anything is done about my complaint. But, if they go so far as to contact Kappos about the complaint, it will have been worth it.

“The issue I attacked him on is the “Electronic Filing Incentive.” You can read about it in the attached pdf.

“I live in rural West Virginia, so I have only been on the internet for 7-8 years, and, before that, I filed my applications through the post. No problem, until Kappos came along, and tried to force everybody to buy Microsoft and Lenovo.

“At first, I used Windows – like everybody – but I bought Windows 8, which was junk, and I discovered Linux, which I’ve been using for probably about 7 years.

“Most of the people at the USPTO are lawyers, it seems, and they are creating “barriers” – as described in my pdf – against Linux users.

“Maybe somebody could file bar complaints against lawyers in the USPTO because of the barrier against Linux, using the complaint in my pdf as a guide. It would require some research to identify the lawyers, and then find out where their bar membership is: which state(s), and maybe Washington, DC.

“I can’t do it. I use Linux, but don’t really have the technical knowledge to make a strong complaint. Maybe you know somebody who could do it.”

We have many readers who use GNU/Linux, but we’re not sure how many of them interact with patent offices. Nevertheless, any action against behaviour such as this can only potentially improve things. We need to make ourselves noticeable/heard. Otherwise, systematic discrimination will carry on, reinforced by people whose top clients are proprietary software giants that pursue loads of software patents.

08.28.21

About Half of the Supposed ‘Growth’ in Patents is Abstract Stuff or ‘Software-Related’ (Patents That Courts Would Quite Likely Reject)

Posted in America, Courtroom, Europe, Patents at 9:37 am by Dr. Roy Schestowitz

Illustrator promptSummary: Despite a disturbing mass-granting trend, wherein quality and legitimacy of patents may matter no more (it’s all about quantity, not quality), the courts are pushing back, both in Europe and in north America; so unless they can miraculously put the courts at the hands of patent maximalists — basically what Team UPC is hoping to achieve to no avail — there’s a massive avalanche ahead (millions of tentatively invalid or fake patents)

LATELY we’ve been writing a great deal about corruption that enabled the lowering of patent quality, human rights, and standards of the sciences (we’re meant to think granted patents and innovations are surrogates). Donald Trump’s regime contributed its fair share to this fiasco (Hungarian/Hungary-born litigation USPTO ‘mole’), but we have our own 'Trumps' right here in Europe (with cross-pollination). They don’t even need to win an election and rally a bunch of violent mobs. We’ve written more than enough about EPO dictators Benoît Battistelli and António Campinos shamelessly promoting patents on software using a plethora of laughable and usually meaningless buzzwords and hype waves. Across the Atlantic they lobbied for the same, seeing that since 2014 (Alice at SCOTUS and 35 U.S.C. § 101) software patents have been mowed down by the thousands in the Federal Circuit and Patent Trial and Appeal Board (PTAB), mostly via inter partes reviews (IPRs), i.e. post-grant.

“Lately we’re been writing a great deal about corruption that enabled the lowering of patent quality, human rights, and standards of the sciences (we’re meant to think granted patents and innovations are surrogates).”Earlier this week Eileen McDermott (editor of Watchtroll) wrote about these fake patents and dubious verdicts. She wrote* : “The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a jury verdict for Juno Therapeutics and Sloan Kettering Institute for Cancer Research (Juno), wiping out a $1.2 billion judgment for the entities. The CAFC found that the jury’s verdict with respect to written description was not supported by substantial evidence.”

“CAFC, which still isn’t too eager to allow any of these patents, is without its chief judge Prost (not in charge anymore).”A day or so apart Raymond Millien (also over at Watchtroll) said: “In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related” (so basically questionable if not outright fake patents, even where the law forbids them).

CAFC, which still isn’t too eager to allow any of these patents, is without its chief judge Prost [1, 2, 3] (not in charge anymore). But it’s still insistent. Steve Brachmann (Watchtroll) wrote: “Federal Circuit Affirms [Section] 101 Invalidation of Secure Transaction System Patents in Victory for Apple and Visa…”

“We must confess that we try really hard to find more sources for ‘news’ or noise about patents, but many of the blogs we used to follow have shut down or simply became inactive, especially blogs vocally in favour of software patents.”Here in Europe I constantly find stories about European Patents perishing in courts; well, software patents are also fake patents across the Atlantic — in American courts too…

That’s certainly a relief and good news to software developers.

We must confess that we try really hard to find more sources for ‘news’ or noise about patents, but many of the blogs we used to follow have shut down or simply became inactive, especially blogs vocally in favour of software patents. Their influence is waning, but they will never admit it. That’s just how they operate, projecting confidence to clients while egging them on to pursue more lousy patent and file more lawsuits (even actions that likely go astray at the end, i.e. enriching nobody but the law firms).

To be most frank, having written literally thousands of posts about these issues already, we’d rather focus on new material and revelations. “EPO Exposé: The Besieged Baltic States – Part VI” is due to be published tonight. There has been a lot of interest in this series. We’re also grateful to readers who shifted over to gemini:// and take advantage of better (and lighter) protocols.
____
* All links are omitted in this case because Watchtroll is the only site we refuse to even link to because of its highly aggressive tone and blood-lust-type stance, especially when its founder was still in charge there, constantly attacking judges — left and right — for merely doing the right thing. He has since then softened his tone somewhat.

08.18.21

U.S. Patent and Trademark Office Has a Deep Revolving Doors Crisis (Former Officials Cashing in as Lobbyists and Private Sector Actors)

Posted in America, IBM, Microsoft, Patents at 10:36 am by Dr. Roy Schestowitz

Video download link | md5sum b06283f14c6f1dc5efcf02251ea30c45

Summary: Conflict of interest? Sure. Even worse: revolving doors. How USPTO Directors benefit from the job well after their time in the Office, occasionally lobbying for the very firms that they came from in the first place.

THIS Web site has long focused on EPO scandals and as a result of that we’ve written more about the status of European software patents while mostly ignoring 35 U.S.C. § 101 since 2019 (when Andrei Iancu crafted new workarounds to bypass Alice/SCOTUS and weaken the Patent Trial and Appeal Board (PTAB) by rejecting more inter partes reviews (IPRs)).

“A reader of ours who is a GNU/Linux user and patent applicant (not software patent) looked more closely at what’s happening, noting along the lines that USPTO services seem to exclude GNU/Linux users (only clients of Microsoft and Apple are accepted).”It has since then been pointed out that Mr. Iancu is attracting patent trolls as clients* , even just months after leaving the U.S. Patent and Trademark Office (USPTO). So he’s exploiting his time inside the Donald Trump regime; now he’s cashing in. But he would not be the first one. Under Obama we saw the same thing (two people appointed as USPTO Directors — the latter of whom, who supported PTAB, is now being sued by some crackpot).

The former one (in Office for longer) comes from IBM and he’s on Microsoft’s payroll too, lobbying for software patents. A reader of ours who is a GNU/Linux user and patent applicant (not software patent) looked more closely at what’s happening, noting along the lines that USPTO services seem to exclude GNU/Linux users (only clients of Microsoft and Apple are accepted).

The boiler room of hellThis same reader wrote to us about “Action in US Senate”. Last week he sent us this lengthy report of his [PDF], noting: “If you look at page 7 in the Report on the USPTO I sent you a few months ago – new copy attached – you will see that, a few years ago, Senator Capito got the Inspector General involved in my fight with the USPTO, and they lied to her. I’ve been in touch with her again, and she is going to contact them. Might be interesting, given that they lied to her once, and I have a lot more information.”

“RT reports today that some Senators are going after Apple and Google. Might be a good sign. Maybe they will be in the mood to go after Microsoft, as well. Believe it or not, I found that David Kappos is a partner in something called Partnership for Public Service. Funny as hell, right?”

“He’s also at the Cravath law firm in New York, a pretentious 200-year-old law firm in New York that portrays itself as an enlightened and progressive law firm. Funny them having Kappos.”

“I did some research into the Microsoft lobbyists in Washington. They are really really trying to portray themselves as liberal and progressive. They all think they are such wonderful people, and so lucky to have Kappos.”

As we’ve noted here before, Microsoft and Bill Gates are in fact right-leaning and nationalist types. They just know how to hide that when it suits their financial agenda (depending on the current political atmosphere and regime).

Our reader said: “They have a Black man and a Jewish man involved in civil rights (his LinkedIn page shows the Edmund Pettus Bridge, famous sight of civil rights battle in the 1960′s) [and] I’ve been sending e-mails and letters informing them about Kappos, and about how he corrupted the Patent Office for IBM and Microsoft. Microsoft owns LinkedIn, and I had a few mysterious views on my LinkedIn page, so maybe they are trying to figure out who I am, what to do with the problem I am trying to create for them. Might get interesting. Never know.”
______
* As Expose Patent Troll recently put it: “Given all that, this other bit of news is also concerning. It centers on VLSI’s firm of choice, Irell & Manella. We all knew that former United States Patent Office Director Andrei Iancu rejoined Irell & Manella after stepping down from the USPTO. We’ve written about Iancu before and how his changes to the patent system played to the interests of patent troll plaintiffs. Now, word is that—fresh off of making a ton of money litigating in Western Texas on behalf of VLSI—Irell is expanding its footprint . . . there’s an office coming to D.C. . . . and only Irell knows where it will expand to after that. Boy howdy. For all the patent trolls out there, and for firms like Irell, there’s lots of money to be made in Waco.”

08.08.21

[Meme] Inventors as ‘Robots’ in the Western World and Global South

Posted in Africa, America, Europe, Law, Patents at 7:56 am by Dr. Roy Schestowitz

Should we also award copyrights to dead people and their great grandchildren? Will that improve creativity?

Patents for bots in EPO, UK-IPO, and USPTO; Bots in South Africa and Australia
When you hype up “Hey Hi” and start calling every computer program “Hey Hi”
AI can be an inventor on patent filings, rules Australian court

Summary: The Global North and Global South have both said “OK” to patents that clearly don’t advance innovation (nor do they reward people)

06.11.21

Conversation With Richard Stallman in Brazil, May 31st 2021

Posted in America, Free/Libre Software at 6:53 pm by Dr. Roy Schestowitz

Summary: At the end of last month Richard Stallman had a 2-hour (and beyond, considering some of the afterthoughts) conversation, which is now available online

05.15.21

[Meme] When All That Matters is ‘Production’ and ‘Timeliness’

Posted in America, Europe, Patents at 11:38 pm by Dr. Roy Schestowitz

A patent on animal toy

A patent on a portable display

A patent on organising files

A patent on mail

A patent on cat exercise

A patent on swing

Chong And Judge: GUILTY! For swinging a swing?
Give him the death sentence!

Summary: The EPO has gone down the same route as the U.S. Patent and Trademark Office (USPTO) when it comes to patent quality; as if the goal is to grant 11 million patents (most of them in just a few decades) rather than assess the impact of such patents

04.10.21

USPTO for Monopolies, Keeping GNU/Linux in the Dark

Posted in America, Free/Libre Software, GNU/Linux, IBM, Microsoft, Patents at 1:30 pm by Dr. Roy Schestowitz

Video download link

Summary: Growing evidence of gross discrimination against GNU/Linux (or Free software, even BSD/UNIX) users at the USPTO is too hard to ignore; some people out there challenge the Office over this travesty

“On Wednesday,” one reader told us after we had published “Conflict of Interest: Microsoft and IBM Controlling the USPTO and Leaving GNU/Linux Users Shut Out (in the Cold),” action was taken. He shared letters with us, adding: “I mailed the report to people in Congress who might be able to do something, or at least might be interested. I also sent it to the Antitrust division of the Department of Justice, and to the Anticompetitive Practices Division of the Federal Trade Commission. Waste of time and money, because they won’t do anything, but did it anyway.”

“It will be interesting to see if they respond at all.”“Adobe is making millions and millions of the US government,” he added, “and forces Americans to use Microsoft or Apple.”

We’ve received and have decided to publish the two letters below; if there’s any follow-up or response, we’ll probably receive a copy and reproduce it at a later date.

April 6, 2021

Mr. Richard A. Powers
Acting Assistant Attorney General
Department of Justice, Antitrust Division
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

Dear Mr. Powers:
Your webpage https://www.justice.gov/atr says this: “To view PDF files on this website you need the free Adobe Reader.” But, de facto, Adobe is not free, because it does not work with the free operating system: Linux. It requires proprietary software: either Microsoft Windows or the Apple operating system for laptops. See Attachment D in the enclosed 38-page report about the USPTO.

If you look at Attachment F in the report, you will see that the White House and various parts of the military and federal government use Linux; and, if you look at Attachment G, you might think it reasonable to believe that perhaps 7.5% of the computers in America run on Linux.

Adobe is making millions upon millions peddling stuff to the US government, and they discriminate against maybe 7.5% of computer users. And, something is extremely rotten at the USPTO, when IBM and Microsoft takes over and institutes an “Electronic Filing Incentive.”

Why don’t you demand that Adobe work with Linux? Why don’t you demand that the USPTO stop requiring inventors to use Microsoft? And, please don’t suggest they use the much more pricey Apple. If you want more information, you can contact me at ████████████, or at ██████████.

Best regards,

████████████████

The second letter:

April 6, 2021

Federal Trade Commission
Anticompetitive Practices Division
600 Pennsylvania Avenue, NW
Washington, DC 20580

To whom it may concern:
I would like to ask you why I am being punished by the USPTO for using the Linux operating system, and why this sorta-government, sorta-not-government agency – which had people from IBM and Microsoft in its leadership – is trying to force me to use Microsoft.

The issue of Linux and IBM and Microsoft begins at page fourteen in the enclosed report about the USPTO, which I am circulating in DC, so, maybe, somebody might ask you about it, so here’s your chance to read it, and make yourself look informed. And, why don’t you go ahead and act on it, and make yourself look smart and responsible?

I was born in the District of Columbia, and I studied accounting at George Washington University, and I am a self-taught inventor who was in the Patent Office in 1980 when it was in Crystal City, so I know what I am talking about.

If you want more information, please feel free to contact me at ████████████, or at ██████████.

Best regards,

████████████████

It will be interesting to see if they respond at all. I sent several letter to the Federal Trade Commission over the years, but all I got was a generic response saying they had received my complaints. Nothing more, or barely anything of substance (just saying they’re looking into it). No evidence of actual progress, just template-like acknowledgements.

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