Bonum Certa Men Certa

David Kappos Does Not Understand Why the USPTO is Broken

A ring



Summary: The USPTO claims to be working to resolve its problems, but it might only make things worse (patent saturation) rather than better

LORA Bentley from IT Business Edge says that the US patent office is trying to "streamline [the] application process" as though the issue with the office is that it doesn't issue patents quickly enough.

In a Mercury News piece at SiliconValley.com, writer Chris O'Brien details a conversation he had with U.S. Patent and Trademark Office director David Kappos. Even Kappos admits the system is broken. "We are trying to work our way through a broken system," he told O'Brien. The goal is to improve the average time between application and approval from the typical three and a half years (which is how long Facebook waited for approval of its news feed patent) to a single year.


What's broken is scope, not pace or litigation (e.g. amassing damages for collection from several jurisdictions). It sometimes seems as though those who are greedy for more patents, namely lawyers, have hijacked the criticism and the call for a reform. They pretend that the USPTO is broken because it does not issue enough patents. Rather, the office should adjust scope, then the workload will not be an issue and there will be no backlog, either (or a much smaller one). David Kappos, the Director of the USPTO, once complained about "creating a new 20-year monopoly for no good reason." He was referring to patents that should not be granted, so how is streamlining the solution? It's not.

The USPTO ought to look at how a particular class of patents actually advances/hinders science and society, not how it helps protect a company from competition. In separate news, the USPTO ratifies a project that uses free labour (volunteers) to endorse or reject patents. How is that beneficial? Bad patents should just not be allowed in the first place.

The first change is that it looks like the Patent Office is going to open up the patent approval process in a pilot program by allowing for a sort of peer review using evidence of prior art or prior patents to be submitted to disqualify a current patent application filing.


This is not the solution, it's a band-aid on top of a broken system (just follow the symptoms). The USPTO should abolish many types of patents that do nothing to improve science. Software patents are just one example. Early in the week we wrote about Gregory Girard getting arrested. He had a software patent which was used for trolling, as this new article reminds us.

Last year, The Prior Art covered Garrod's side project, an unusual one for a PubPat attorney: he owns a patent-holding company, Bedrock Computer Technologies, which has enforced a software patent by suing several technology companies in East Texas.


Google should also drop its obsession with software patents, which it not only applies for [1, 2, 3] (trivial ideas even) but also harbours in YouTube. The same goes for Facebook, whose latest controversial software patent [1, 2] gives reasons for unrest.

Earlier this week, Scottish blogger and law lecturer Andres Guadamuz accused Facebook of aiming to protect "a trivial use of databases".

"It seems like the software patent standard in the US is so low that all one needs is to get a clever patent attorney to attach a lot of mumbo jumbo to mundane database functions and voila, you are given a patent," he wrote.


Another controversial type of patents would be gene patents. There's a broad spectrum of patents on life and nature; this is ridiculous as not only does it contribute nothing to advancement but it also increases deaths [1, 2]. "Commons Sense" is the title of this new post which is critical of such patents.

One of my recurring frustrations in making my case against gene patents is the failure by some to grasp the argument I am trying to make regarding the nature of "the commons". Perhaps I have been unclear, or maybe the approach I am taking to property law and justice is too far afield from those more frequently made to be immediately understood. Yesterday, however, I gave a guest lecture in an ethics course for ICT students (software programmers, mostly), and gained a lot from the experience. These students not only grasped the argument, but embraced it, and helped to clarify a subtlety that I need to elaborate upon in defining the "commons by necessity" that I believe genes and other parts of the universe belong to.

Briefly, to summarize, I argue that the justice of property rights derives from the logical and practical ability of people to enclose a space, and the need for a rival to use violence to dispossess a possessor of the space. Thus, property rights in land and movables are grounded in these brute facts. There is no such grounding for intellectual property rights. Moreover, there are parts of the universe that cannot be justly owned, and IP claims over these "commons by necessity" are unjust. These are parts of the universe which cannot be held exclusively by anyone, as a matter of brute fact. Examples include: the laws of nature, radio spectra, and genes which are de facto unencloseable. My thanks to Stephan Kinsella who helped me to realize that this applies, actually, to all ideas, and thus makes all IP law a similar incursion on an unencloseable commons by necessity.


Here is an informed opinion about the Eastern District of Texas, where many patent trolls choose to strike.

My friend Sawyer is back with another post in his series of talking about software patent issues. As I mentioned before, Sawyer is a real person named after our intrepid friend in LOST (I haven’t seen it this week – no spoilers please) who has agreed to help us navigate the parallel universe known as software patent land. I’m channeling Sawyer’s points of view as a public service announcement since he’s uncomfortable being named publicly – these are his words, not mine. Today’s post is on the famed “Eastern District of Texas” (EDTX), one of the most popular places in the United States for patent litigation.


To patent trolls, it's simply a matter of loopholes and economics. "How to Cut Your Patent Costs" is the title chosen by this person who described himself as: [emphasis is ours]

Rick Martin is a native of Brooklyn, N.Y. He entered law school at age 38, and now is a patent attorney in Colorado. He founded his firm in 1992 and has written hundreds of mechanical, electrical, and software patents over the past 25 years.


"Patent attorney"... and what has he actually contributed to science?

The USPTO is in serious trouble because lawyers and patent trolls (who are often lawyers) took over this system, which only rewards monopolies and lawyers; neither contributes to the betterment of science and the USPTO is looking to expand granting of monopolies (to use the phrase of Kappos) rather than reduce them. This system is self-defeating in a way.

Comments

Recent Techrights' Posts

Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
 
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025