Bonum Certa Men Certa

Patents Roundup: Bad Quality (USPTO), Bad Analysis (India), Bad Microsoft, Bad Actors (Trolls), Bad Scope (Software Patents), and the Ugly

Learning from bad aspects or what has gone awry in the patent world

A bad dog



Summary: A mishmash of news about patents, mostly regarding the United States, and what can be deduced from that at the moment

THIS coming week promises to be rather big and historic, at the very least in Europe. It's not just because of Brexit and its impact on the UPC but also because of the Administrative Council's meeting. Big news is definitely afoot. In order to get some less important news out of the way in preparation for tomorrow (I'm getting back home after 3 days' holiday), below are bits and pieces of relevance. It's all from outside Europe.

"With patent 'quality' like this, why even pretend that the USPTO does legitimate quality (or novelty) assessment?"

USPTO's Neglect of Patent Quality a Bursting Bubble



IAM, which is preaching under the guise of 'journalism', actually bemoans not the quality of USPTO patents being terrible and truly worth of cleanup by PTAB. Instead, it keeps moaning about the 'worth' of patents, as if not quality control is the problem but lenience of courts etc. "Judge Newman alone again as she warns of devastating loss of public confidence in US patent system" is the latest headline. IAM being IAM, it's amusing to see how shallow the agenda is to see.

"It sure looks like pride is harder to derive these days from USPTO employment."For details about the low quality of today's USPTO patents, see the new article titled "General Mills Granted A Design Patent On A Tortilla Bowl Because Why Even Pretend Anymore?"

To quote the opening part alone: "While we've talked in the past about how absurd design patents can get, it's worth pointing out that, hey, shit's not getting any less absurd, people. Design patents, as opposed to utility patents, function more like trademarks. The idea is that the "invention" in the case of design patents are supposed to be unique outputs of what might otherwise not be unique inventions that are then said to act as some sort of single-source invented thing. Honestly, the whole concept smells of a workaround on the actual purpose of patent law and it tends to function that way as well. How else do you explain the design patent granted on a toothpick with some lines carved into it, for instance? Or Apple's design patent on the animation of turning a page within an ebook? Rewarding exclusivity to these types of "inventions" that barely work up the sweat of an "inventor" should seem absurd to you, as should the frequency with which the public is left wondering where exactly the "invention" is in any of this."

"Patent lawyers everywhere have been trying to spread software patents to just about everywhere on the planet, irrespective of what software developers are saying."With patent 'quality' like this, why even pretend that the USPTO does legitimate quality (or novelty) assessment? We were recently contracted in relation to someone who works for the USPTO and does not wish to be described as such. It sure looks like pride is harder to derive these days from USPTO employment. Today's USPTO is not what it used to be; rubber-stamping millions of patent applications for large corporations whose managers become USPTO Directors isn't so scientific anymore.

Trying to Push Software Patents Into India



Patent lawyers everywhere have been trying to spread software patents to just about everywhere on the planet, irrespective of what software developers are saying. Last week, for example, Germany's Bastian Best asked: "Targeted advertising is patentable in India if a piece of hardware is claimed?" Software patents are not legal in India, but Kenneth Saldanha, one of those hoping to change that, wrote:

A Software Patent in India is a tricky issue. First of all, let us understand what a Patent is. A patent is essentially a set of rights granted to a person in respect of something new (an invention) created by him. This ‘something new’, under the Indian law i.e. the Patents Act, 1970 is called an ‘invention’ and includes a software as well.


No, not really. India's Patents Act excludes that and those hoping to change that are the same people who say software patents are possible and legal in Europe (or Germany, which is consistently more lenient on the matter). Even Battistelli's EPO cannot change that, not without the UPC or some other new loophole.

Microsoft Bought a Patents Dud and Engages in Trolling (Through "Microsoft Tech Licensing")



"Put another way, Microsoft acts like a patent troll (Microsoft Tech Licensing is technically a patent troll).""At a glance," IP Watch wrote some days ago, "Microsoft’s portfolio of US patents currently stands at approximately 50,000, compared to LinkedIn’s US patent portfolio of 1,085. Microsoft is well known for asserting its patent rights and has even created a licensing entity Microsoft Tech Licensing Ltd."

Put another way, Microsoft acts like a patent troll (Microsoft Tech Licensing is technically a patent troll). We wrote over a thousand posts on this subject alone.

Even Microsoft-connected sites have already explained why "Microsoft's LinkedIn Acquisition Is a Bad Move". Compare that to other failing companies (LinkedIn had gotten into serious issues before Microsoft placed a bid) that actually have a lot of patents. As IAM put it the other day: "In terms of IP value creation Blackberry is one operating company worth keeping a close eye on. The Canadian tech giant has a huge portfolio of assets – around 38,000 – and has a brand with global cachet; but it is slowly withering in its legacy handset market and is transitioning away from manufacturing devices."

"Will software patents ever make a comeback in the US? We sure hope not."We previously wrote explanatory posts on how BlackBerry (or RIM) was becoming a patent troll. Thankfully, many of their patents would no longer be valid or possible to uphold in a court of law. Not in the US and not even in Canada (home country). See the paper "Patents and the Wealth of Nations" by Stephen Haber from Stanford University, published almost 2 months ago.

The Fight Against Patent Trolls Continues



"There are even uglier aspects inside law firms which focus on/pertain to patents and their clients."Writing about the pro-patent trolls Halo decision, a comment from someone called Mike at IP Kat says that "influential Senator Orrin Hatch has filed an amendment to a funding bill criticizing the Supreme Court's decision in Halo. Basically, it states that Congress considered the Seagate test and did not act to change it, thus Congress' intent is for the Seagate test to govern."

Destruction of Software Patents Continues



Remember some old news about CAFC ruling against software patents, in this case a "patent infringement claim filed by software company Rosebud." There have been so many such cases since, including a lot from the court that initially authorised software patents in the US. Will software patents ever make a comeback in the US? We sure hope not.

The Ugly Side of Patent Practice



A few days ago Patently-O wrote about "Sexism in Patent Practice", taking note of what's characterised as "stories of appalling sexism. Each had been taken as the assistant for the actual lawyer. Each had been called things like “missy” and the like. And each had experienced this at high levels of practice, in recent years, not at some point long ago."

"That's where particular patents (or patent holders) do not just have ethical issues but also criminal/forensic issues."There are even uglier aspects inside law firms which focus on/pertain to patents and their clients. "Commission finally targets Patent Boxes as tools of fiscal evasion," Benjamin Henrion wrote, "not sure they cover EU2EU transfers" (reference in europa.eu). Prior to it, Francisco Moreno wrote about this as well, but in Spanish ("Exit taxation en paquete anti-evasión de la Comisión:si sacas patentes fuera de la UE pagarás en función de su valor"), his native language.

This serious subject was covered here before [1, 2, 3, 4, 5, 6]. That's where particular patents (or patent holders) do not just have ethical issues but also criminal/forensic issues.

Recent Techrights' Posts

The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
 
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026
Gemini Links 04/01/2026: 64-bit Addressing and 39th Chaos Communication Congress
Links for the day
Windows Was Always the Punchline
What did we count to calculate taxes?
GNU/Linux Surges to About 4% in Peru This Year
one of the poorest counties in America
This Year Our Adoption of IRC Turns 18
We have used IRC for this site since 2008
The Doors Are Closing, Windows Closing Too
Microsoft wants more vendor lock-in, but at risk that this desire will simply alienate and drive away many users
The FSF's Program Manager, Dr. Miriam Sabrina Bastian, Left in October to Lead Climate School
We are not sure why Miriam Bastian decided to leave the Free Software Foundation (FSF)
Outline of Slop, LLMs, IBM, and Things to Come
This coming week and weekend will be very productive irrespective of how much "news" gets published by other sites
Links 04/01/2026: War Without Borders, "Large Hadron Collider Being Shut Down"
Links for the day
Links 04/01/2026: US Imperialism in Greenland and Venezuela, "Climate Protesters Face Greater Risk of Crackdown Amid Rising Authoritarianism"
Links for the day
2026 Should be the Year We All Stop Saying "AI" and Call Things What They Really Are
Don't give anyone the satisfaction of this misguided belief there's any intelligence there
Ponzi Schemes Are Useful (to Corrupt CEOs)
Pathetic, corruptible so-called 'media' is bagging bribes to perpetuate the lies about "AI" (slop)
GNU/Linux at All-Time High in Algeria
In 2026 it hit a new all-time high
Online Mobbing (and Worse) Disguised as 'Free Speech'
People who say they believe in "free speech" have been trying hard to silence RMS and squash the FSF
A 'Cancer That Attaches Itself' to Bulgaria?
"Cancer" is what Microsoft called GNU/Linux
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 03, 2026
IRC logs for Saturday, January 03, 2026
Body-Shaming Using Fakes
a lot of the people who casually claim "defamation" are themselves defaming loads of people every day
GNU/Linux "Market Share" in Switzerland More Than Doubled Last Year, Based on statCounter
GNU/Linux continues its considerable growth
EPO People Power - Part XXIV - Today or Tomorrow You Should Write to National Representatives (Delegates) at the EPO in Your Country
Keep up the pressure!
Red Hat and IBM Layoffs, Staff Kept Quiet About it, WARN Act Skirted/WARN Notices Avoided
What a terrible company to be in
XBox Layoffs Imminent, More Appalling Sales Figures Published
Expect many layoffs in the gaming division
Slop Still Rare
So far a good start for 2026
Gemini Links 03/01/2026: Climbing, Waking Up, and Social Control Media Woes
Links for the day
Links 03/01/2026: Growing Censorship, Another US Invasion, and Will Smith 'Cancelled'
Links for the day
Links 03/01/2026: Twitter Turns From Disinformation Powerhouse to Production and Dissemination of Child Pr0n, "New China Cybersecurity Law Becomes A Reality In 2026"
Links for the day
Gemini Links 03/01/2026: Formatting Text for Gopher and Text-only Websites
Links for the day
Unverified Claim: Mass Layoffs at Microsoft to Start Around Week 3 (or 4) of This Month
Let's wait and see if the claim above is from an insider who has inside knowledge
Firefox Fell Below 1% in Asia
less than 1 in 100 Web users is detected/assumed to be using Firefox
Links 03/01/2026: Ryanair Fines and Facebook Misleads Regulators
Links for the day
New Record High for GNU/Linux in Benelux in 2026
If the above trends stand (throughout the year), then we can begin talking more seriously about a post-GAFAM Europe
In the Search Engine Market, Microsoft is Falling Behind Russia's Yandex
The so-called 'AI industry' is a boy that cries wolf
A Year of Relaxation, But Also of Hardcore Whistleblowing
Expect industrial action some time soon
The More Influential Richard Stallman (RMS) Becomes, the More Aggressive Attacks on Him (and the FSF) Will Get
We've meanwhile noticed disinformation being spread in social control media
GNU/Linux Reaches All-Time High of 5% in Indonesia (Not Counting Chromebooks and Android)
There are also related events in Indonesia and SUSE in particular seems to have been popularised there
EPO People Power - Part XXIII - António Campinos Knows He's Extremely Vulnerable at This Time
Campinos should never have been put in charge
Gemini Links 03/01/2026: New Organisation System (Notebooks) and "2026 Already Off to an Amazing Start"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 02, 2026
IRC logs for Friday, January 02, 2026