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

'India Today' is a Slopfarm, Sometimes 'Covering' "Linux" With Slop Images
New example of pure BS
Rumours of IBM Layoffs Again, This Time Marketing
It's "bad marketing" to talk about layoffs
Slopwatch: linuxsecurity.com and hamradio.my (in Planet Ubuntu) Are at It Again With LLM Slop About "Linux"
LLM slop does not save time
Bluewashing Ends DEI at IBM and at Red Hat (HR or Hiring Become Gender- and Race-Neutral)
All that "whitelist is racist" stuff is likely a thing of the past
 
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025
Gemini Links 14/03/2025: Grizzy Bear and Prime Beats
Links for the day
Links 14/03/2025: ProPublica Admitting That It Uses Slop (Foolish Move), RIP Mark Klein
Links for the day
Windows is Fast Becoming Insignificant to Zimbabweans
based on this survey, less than 1 in 6 Web requests may originate from Windows
The Fall of the Open Source Initiative (OSI): The OSI Does Not Speak For You, OSI Staff Speaks for GAFAM/Microsoft (the Paymasters)
they speak for proprietary software companies, but they wear "open" on their sleeve
Microsoft Money Used for Abuse of Women and Against Journalism in Support of Women (the Victims)
"Never interrupt your opponent while he is in the middle of making a mistake."
Links 14/03/2025: Chinese Tensions With Australia, Putin Turns Down Ceasefire
Links for the day
Gemini Links 14/03/2025: Löjl and Docker Context Stuff
Links for the day
Links 14/03/2025: Scam Currencies in the US and Oligarchs (Including GAFAM) Controlling All the Major Policies
Links for the day
Antisemitic Attacks on Richard Matthew Stallman (RMS) in Wikipedia This Week
Did the man strike a nerve or what?
Links 13/03/2025: Intel Rotates Figurehead and South Korea Imports Karen People From Myanmar
Links for the day
Meanwhile at Microsoft Canonical...
Promoting proprietary surveillance by a company that actively attacks Linux in a lot of ways
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 13, 2025
IRC logs for Thursday, March 13, 2025
Links 13/03/2025: Calculators and Spreadsheets, Returning to a Human Internet
Links for the day
Links 13/03/2025: Further Assaults on Science and Education in the US
Links for the day
Expect XBox to Be Shut Down Like Skype
"hey hi"-washing fools nobody
Truth Hurts (Especially Some Dishonest and/or Greedy People), But Reporting Truth is What Makes Journalism Valuable to the General Public and Helps Protect Society From Abuse by Sociopaths or Pathological Liars
When it comes to reporting, we're on the side of female victims, not the men who strangle them.
New Paper Reveals the Web (and Net) Drowns in LLM Slop, "Linux" is Impacted Too
It will be getting harder to trust anything on the Web
Links 13/03/2025: RIP, Carl Lundström; Tesla (the Company, Not Scientist It Piggybacks) Besieged by Public Backlash
Links for the day
Gemini Links 13/03/2025: MElon "Greek Tragedy" and Going Offline More
Links for the day
Richard Matthew Stallman, or rms (RMS), Turns 72 This Coming Weekend
This coming Sunday he deserves a cake
Links 13/03/2025: COVID-19 Legacies and "Modern" Cars as Spying Machines on Wheels
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 12, 2025
IRC logs for Wednesday, March 12, 2025