Bonum Certa Men Certa

The US Government Accountability Office (GAO) Comes Across as Against Software Patents, Relates to the EPO as Well

GAO logo



Summary: Some analysis of the input from the Government Accountability Office (GAO) with focus on the EPO and software patents

Regarding the "EPO and USPTO," one reader told us over the weekend, there is some curious text which is worth examining/scrutinising further. Just before the weekend we wrote about GAO's input, which mostly chastised the USPTO over patent quality. A closer look reveals even more about the subject.



"This helps highlight existing problems and there is a lot that the EPO can learn from this."Here are direct links to the report/s [1, 2]. One reader asked us, "did you get these documents?" These were mentioned very quickly by good blogs like Patently-O, so we noticed them very promptly and commented on these based on concise coverage, not based on a thorough reading of the entire text. "The EPO had no comments on the draft," our reader told us. "In GAO-16-490," for example "see e.g. p.25-28 on quality / time, effect of "corridors" (high grades -> higher production), also GAO-16-479: see p.21-22..."

To quote from the text: "The Government Accountability Office has released two reports: one suggesting the USPTO should define quality, reassess incentives and improve clarity; the other suggesting the USPTO should strengthen search capabilities and better monitor examiners' work..."

This helps highlight existing problems and there is a lot that the EPO can learn from this. To quote one new comment about the EPO: "Some weeks ago the Central Staff Committee [CSC] published a paper about overcapacity and reducing stocks, they also mentioned the contracts for examiners. I heard that a director in The Hague sent a mail to his examiners in which he disproved all the numbers as given by the CSC, showing that their publication was misleading. Does anyone have a copy of this mail? Some facts would be useful for this discussion!"

If anyone has a copy, please send it to us. There is a growing (and legitimate) concern about patent quality at the EPO, especially after Battistelli took over and derailed various processes, not just oversight, appeals, etc.

"With PTAB and Alice there has already been a turn for the better, but not every outcome is positive."Based on WIPR's coverage of the GAO report, "most patent cases involve software-related inventions [...] that are easy to “unintentionally infringe” (this does not surprise us as we have been arguing this for years).

IAM too (an EPO mouthpiece) responded to these findings regarding USPTO patent quality being so low, reaffirming what we have said for a decade or more.

To quote IAM: "The recent report on USPTO patent quality by the Government Accountability Office (GAO) would not have made for easy reading at the agency. That said, its leadership presumably knew what was coming long before they saw a draft of the report prior to its general release. The office knows it has a problem with quality – raising the standard of grants wouldn’t have become such a banner issue of Director Michelle Lee’s time in charge if it didn’t."

"They want to keep their cake (software patents) and eat it too."With PTAB and Alice there has already been a turn for the better, but not every outcome is positive. Watch this new article by Ricardo Ochoa of PretiFlaherty. Weeks later, well after the Bascom case, patent law firms still exploit an exceptional case for software patents promotion. If they wish to be honest, they will admit that software patents are neither justified nor easy to defend in a court, as per evidence which exists everywhere.

WatchTroll, the most vocal proponent of software patents out there, wrote today about Alice. Here is a key sentence: "Those who have been involved in patent prosecution going back 12-15 years will recall that after the initial rush of business method patents began, in about 2002, the Patent Office instituted what they referred to as “second pair of eyes” review. Under no circumstances could a patent be issued on anything that related to a computer-implemented invention unless and until it had been approved by two separate patent examiners. It certainly sounds like that is what is happening once again."

It's about time too. They would not grant a "computer-implemented invention [CII is another term or euphemism for software patents] unless and until it had been approved by two separate patent examiners," but still, what guidelines would these examiners follow? The USPTO has not been exactly enthusiastic about altering the rules in lieu with Alice. We wrote about the latest changes a week ago and these probably give too much weight to the Court of Appeals for the Federal Circuit (CAFC), which is where software patents came from in the first place.

As Benjamin Henrion (FFII) put it earlier today, "why should programmers respect patent law? we should benefit from free speech, not patent censorship."

As Deb Nicholson from the Open Invention Network (OIN) put it not too long ago, as per this report about her talk ("The state of software patents after the Alice decision"):

Combating software patents—and other abuses of the patent system, like design patents—is a long-term process, Nicholson reminded the audience. OIN runs several programs it hopes will protect free-software developers from the ills of bad patents, such as its Linux patent pool, the License On Transfer Network, and Defensive Publications.

But Nicholson told the crowd there are other ways they can help improve the patent landscape in the long term, too. They can contribute to the campaigns run by non-profit organizations like the Electronic Frontier Foundation and the Free Software Foundation, she said. Both are working to oppose the software-oriented provisions in the TPP, for example, among their other activities.

Individuals can also be powerful advocates for change within their own companies, pushing them to embrace a defensive, rather than offensive, approach to patents. And they can support the pending patent-reform legislation to lawmakers. Finally, they can continue to advocate for free and open-source software. The more we collaborate together, Nicholson said, the less we'll want to sue each other.


The problem is though, as we last noted just over week ago, OIN does virtually nothing to stop software patents. Given the companies that formed it and steer this massive aggregate, it's not hard to see why. They want to keep their cake (software patents) and eat it too.

Recent Techrights' Posts

openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
 
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day