Bonum Certa Men Certa

Investigation Reveals That USPTO is Corrupt, Time to Abolish It or Annul Nearly a Million Patents

More fraud and abuse in the monopolies-granting bodies that large corporations are utilising

Kappos in Center for American Progress
Photo credit: Center for American Progress



Summary: Corruption is found at the heart of the USPTO and the USPTO works hard to hide it, despite attempt by whistleblowers to bring this corruption to light

OVER the years we have covered many issues and scandals in the USPTO. Not only the copyright system is rigged (managed by and serving the large copyright monopolies); the USPTO is more or less the same. It is a government body that is run by corporations and their minions (like David Kappos). Some months ago we showed that the USPTO was approving 92% of all applications, which makes it little more than a rubber-stamping establishment.

Well, how can it be that so much prior art and triviality got overlooked by the Kappos-run USPTO?



Perhaps now we know.

"For quite some time now, we've discussed how the USPTO had a massive backlog," says Mike Masnick, "and that former boss David Kappos solved this "problem" by getting examiners to approve more patents faster, mainly by lowering their standards and granting more patents."

"Whenever we write about this, we hear about overworked patent examiners who are really trying their best. Except, it appears that the system is actually rife with abuse and fraud by patent examiners," Masnick added, linking to a highly-cited report.

To quote the report: "Prompted by multiple whistleblower complaints, the U.S. Patent and Trademark Office began an internal investigation two years ago of an award-winning program that’s been praised in and outside government: Employees are allowed to work from home.

"What the inquiry uncovered was alarming.

"Some of the 8,300 patent examiners, about half of whom work from home full time, repeatedly lied about the hours they were putting in, and many were receiving bonuses for work they didn’t do. And when supervisors had evidence of fraud and asked to have the employee’s computer records pulled, they were rebuffed by top agency officials, ensuring that few cheaters were disciplined, investigators found."

Here again we see whistleblowers in action and cover-up attempts by the USPTO.

The attempted cover-up attempts show that rather than deal with the abuses the USPTO became very much complicit. Perhaps it's time to shut down the USPTO in its current form and annul all the patents approved in the past few years, revising and reviewing them as they may never have been reviewed at all, just blindly approved. To quote Masnick: "So, we just wrote about the fact that there was apparently fairly widespread abuse and fraud by patent examiners, mostly those working from home, in lying about the hours they put in and getting paid for work they didn't do. However, what may be much more concerning was the fact that the USPTO tried to hide this from the Inspector General who was investigating this. As the Washington Post notes, an initial internal report detailed many more examples of fraud and abuse, which disappeared from the final report that was handed over. "

The whistleblowers at the USPTO deserve some credit and they remind us the importance of whistleblowers, who so often rely on Free software.

The CCIA's Matt Levy now admits in his belated disclosure that "my wife is a patent examiner who teleworks." Teleworking has been the source of abuse, but Levy keeps chastising "The PTO’s Culture of Poor Quality Patents" rather than corruption.

"The problem," he says, "is not simply a bunch of crooked people trying to get away with something. There is clearly a cultural problem at the USPTO."

No, the problem is that the USPTO -- just like CCIA -- is serving corporations. It does not serve public interests. Patent scope is one of the symptoms.

We currently talk to someone who wishes to blow the whistle on the EPO but it trying to set up encryption. It is clear that the NSA and its partners in Europe have done a lot to deter whistleblowers.

Recent Techrights' Posts

Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
 
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock
Links 13/04/2025: Microsoft Cuts to "AI" and Azure (It's Failing), ‘Ghiblification’ Shows Slop Doing Much Harm
Links for the day
Microsoft SLAPPs Against Techrights Losing Momentum
It always backfires
Links 13/04/2025: Tariff Remorse and Chatbots Leak Again
Links for the day
Gemini Links 13/04/2025: No CSS, Spring Scripting
Links for the day
Richard Stallman Turns 72 and Will Be Giving Talks in Europe Soon
We have many local copies of his talks as WebM, having converted files uploaded to YouTube
Revisionism and Lies by LLM Slop and Lazy "Media"
What happened to investigation of issues?
Exposing Corruption and Crimes Against Women Isn't a Crime, It's an Imperative
When evil and greedy people are so desperate to silence you it typically gives you more motivation - not less - to do more of the same
EPO Likely Breaking the Law Yet Again, This Time by Using Slop for Patents (to Lower Costs While Producing Monopolies That Cause Ruinous Lawsuits)
Nobody authorised this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 12, 2025
IRC logs for Saturday, April 12, 2025