Bonum Certa Men Certa

Patent System in the US Must Revert Back to Original Goals or Lose Credibility

The Patent Trial and Appeal Board (PTAB), run mostly by scientists, is a step towards the right balance

PTAB



Summary: A look at recent patent news, including the expected attacks on PTAB (from the patent maximalists/microcosm) and billing fraud at the USPTO (as well as attendance abuse)

"Another big plus is letting interns apply for patents under their own name," a puff piece about Adobe says, as if it's a dream come true to be granted a patent.



This, to us, demonstrates a profound issue. Patents as trophies.

Take another example, this one a new article from IP Watch. To quote: "A recent patent granted by the United States Patent and Trademark Office to a Colombian company stated where the genetic resource of the invention was taken from and described the access and benefit-sharing agreement made with indigenous communities. This might be the first time that such a statement appears in a US patent, according to a source."

"Thankfully, a solution is coming slowly, albeit not without resistance from the meta-industry which is patent law firms...""Access And Benefit Sharing" are right there in the headline. Remember the days when the patent system (well, so we're told!) was there to help inventors preserve/disseminate knowledge rather than sue or shake down others? Those days are long gone as a predatory meta-industry now steers public policies and wants everything patented. They're producing virtually nothing (patent law firms), just like patent trolls. Legal papers, litigation, billing etc. are not production but burdensome bureaucracy and lawyer elitism.

How did we get here and how do we get out of this trap? How do we return to a world where it's possible to code in peace, without fearing litigation over lines of code which were never copied/plagiarised but merely accomplish something similar to some words on hundreds of thousands of US patents on software?

Thankfully, a solution is coming slowly, albeit not without resistance from the meta-industry which is patent law firms and their large clients (companies like IBM and Microsoft; to a much lesser degree Google which actually suffers from the status quo, as we last noted last week). The patent microcosm keeps attacking PTAB and one element of this patent microcosm, IAM 'magazine', has just published a law firm's sponsored "REPORT" [sic] ranting that the "Patent Trial and Appeal Board (PTAB) introduced rule changes that went into effect in May this year." MIP, in the mean time, looks at PTAB upon its fourth anniversary. To quote its latest writing: "These included allowing patent owners to include relevant testimonial evidence with preliminary responses, clarifying that the district court claim construction standard will be used for patents that expire during a proceeding, adding a Rule-11-type certification for papers filed, and replacing page limits with word counts for briefings."

"According to this new article from Patently-O, the USPTO has plenty to hide, including "Billing Fraud at the USPTO" (the EPO too, allegedly, has similar fraud]) and "Examiner Time and Attendance Abuses"."MIP is now producing loaded questions that get positioned as headlines, for example "Is the Board too hard on motions to amend?"

As a reminder to readers, PTAB is the board which is responsible for getting rid of software patents faster than even courts do (as for the USPTO, it's busy trying to maximise income by granting almost everything).

"A USPTO report," says the above, "released in May revealed only 5% of motions to amend reviewed by the Board had been granted or granted in part – six of 118. A total of 192 motions to amend had been filed up to that point. A seventh motion to amend has since been granted, to ContentGuard in July.

"The USPTO said it released its report to "provide greater transparencies into our practices" and "aid the ongoing dialogue"."

Well, the USPTO sure seems to be more transparent than the EPO under Battistelli, but there's still a long way to go (see the USPTO documents we showed here last night).

According to this new article from Patently-O, the USPTO has plenty to hide, including "Billing Fraud at the USPTO" (the EPO too, allegedly, has similar fraud) and "Examiner Time and Attendance Abuses". To quote Patently-O, a "substantial number of patent examiners are involved in “time and attendance abuse” — working unsubstantiated hours" (so much for integrity of staff).

We sure hope that more people recognise the importance of PTAB's function. It has made enemies inside the patent microcosm because those suffering from PTAB are some of the biggest parasites out there. Unlike staff at the USPTO, PTAB staff isn't compelled to grant if in doubt. Staff isn't assessed by misguided Battistellite criteria.

Speaking of parasites, see this week-old article from Patently-O about the U.S. Government's "immunity against allegations of patent infringement." The patent system apparently isn't applicable to everyone. Some actors are less 'equal' than others. In the words of Patently-O:

The U.S. Government has waived its sovereign immunity against allegations of patent infringement. However, the infringement charges are not brought via Civil Action under the infringement definition of 35 U.S.C. 271. Rather, 28 U.S.C. €§ 1498 spells out that the infringement claim against the U.S. must be brought in the Court of Federal Claims (CFC) and that the remedy is limited to the “reasonable and entire compensation for [the Govt’s] use and manufacture.” The CFC does not allow for a jury nor will it award injunctive relief against the U.S.

Liberty sued the U.S. alleging that the ammunition rounds manufactured for and used by the Army are covered by Liberty’s U.S. Patent No. 7,748,325. In the 1990s and 2000s, the U.S. military became concerned that lead-based ammunition might be a form of harmful pollution – the patented ammunition here follows that lead by eliminating lead from the round while remaining lethal to soft-tissue targets (such as humans). According to the patent, the projectile (shown in the image above) separates into three portions upon striking a target. The projectile also includes a reduced-size jacket that limits barrel heat build-up.


If patents are a government-enforced monopoly which the government itself is exempted from (no liability), then no wonder the perception of justice is so elusive. Unless the patent system can revert back to sanity, where promotion of science and technology (or "innovation" as today's buzzword of choice) is paramount, people won't be happy and they will perpetually demand change.

In a sense, by ceasing to issue software patents the USPTO would appease some of its most vocal/loudest opponents (the proponents of software patents were parasitic all along) and also paralyse most patent trolls, enabling the USPTO to repair its reputation and welcome better applications.

Recent Techrights' Posts

UEFI 9/11 Aftermath - Part III: Mr. 'Secure Boot' (Shim) and His Fake 'Holiday' (Sending My Wife and I Threatening E-mails on 9/11)
despite being on holiday, according to him, he finds time to instruct lawyers to contact my wife
Ron Wyden: Microsoft Should be Held Accountable for Security Breaches (He Has Said This for Years Already, It Never Happens)
Negative media coverage isn't a fine and it does nothing to compensate Microsoft's billions of victims
Disable 'Secure Boot' (If It Lets You)
it doesn't put you in control
Longtime Red Hat Staff: Maybe Just Disable 'Secure Boot'
A refreshing take from Adam Williamson
 
It's Still Not to Late to Turn Off "Secure Boot"
If people reboot their PC or server today, and it relies on "Secure Boot" on Sept. 12 or later, then depending on the firmware there may be trouble ahead
Links 12/09/2025: Shira Perlmutter is Back, “Software Per Se” Patent Rejections in In re McFadden
Links for the day
Slopwatch: Linux Plagiarism, Slopfarms Still Infesting Google News, Many Images Are Fake
Google is promoting plagiarism
"This Morning Might Turn Out to be an Interesting One for System Admins Who Haven't Updated Their Devices' Secure Boot Certificate" (If They Reboot)
Who asked for this anyway?
Gemini Links 12/09/2025: Metric System, Dumping Windows, and Software Architecture is Dead
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 11, 2025
IRC logs for Thursday, September 11, 2025
Microsoft Admits the Workers Have Lost Trust (Endless Layoffs, 12-13 Rounds of Layoffs This Year), So Now It's Trotting out Its Peter Bright-Like Media Prop Jordan Novet
What they don't want people to pay attention to right now
Links 11/09/2025: Windows TCO and Russian Drones Invading Poland (EU/NATO)
Links for the day
Gemini Links 11/09/2025: xkcd, misfin, and Alhena 5.3.2
Links for the day
Repetition of Last Summer (Microsoft Breaking Dual-Boot Systems)
UEFI 9/11 is about to kick in
UEFI 'Secure Boot' Boiling Frogs (Cannot Turn Off 'Secure Boot')
"MSI laptop is locked on Secure Boot and doesn't allow me to turn it off"
UEFI 9/11 Aftermath - Part IV: The 'Hulk Hogan of UEFI' and His 'Hideout' Holiday (Retreat From Reality)
Let's keep an eye on what matters
UEFI 9/11 Aftermath - Part II: "The SecureBoot Thing Got Out of Hand."
The next few weeks might be... interesting
UEFI 9/11 Aftermath - Part I: "I Believe This Affects Thousands of Devices... Because Multiple Devices I Checked, Whether Client or Server [...] Affected."
Most people aren't even aware that this is happening or about to happen
The UEFI 9/11 - Part X - An Outline of the Series About Microsoft Sabotaging GNU/Linux (With Ramifications to Unfold Online in Coming Weeks as People Reboot)
Today is UEFI 9/11 (9/11/2025)
Culture of silence: Ubisoft harassment convictions, Mozilla, Sylvestre Ledru & Debian make no comment
Reprinted with permission from Daniel Pocock
Links 11/09/2025: "Hey Hi" Ponzi Schemes at Oracle (Unpaid Contracts) and Cindy Cohn is Leaving the EFF
Links for the day
Gemini Links 11/09/2025: Playdate Console, Dichotomy between the Real and the Digital
Links for the day
A Dozen Observations About "UEFI 9/11" Deflections
What we are expected to see, tentatively
The Microsoft AstroTurfing and Microsoft-Led Blame-Shifting Tactics Are Ahead of Us
Of course it has nothing to do with security, it's about control, i.e. them controlling everything
Celebrating Assassination is Bad Because It Legitimises Assassination of the People You Like, Too
Condoning or even celebrating political assassinations is bad optics (and taste)
The World's Richest Ponzi Scheme (Faking Value Using Net Waste)
The higher they go the harder they fall
We Could Dual-Boot Back in the 1990s, Why Has This Become So Difficult?
And prone to breakage
Being Conditioned to Accept Unreliable Computer Systems That Fail With Black Screen of Death (BSoD)
Welcome to 2025
Slopwatch: Google News is Still Promoting Many Fake Articles About "Linux", in Effect Rewarding Misinformation and Plagiarism
things continue to deteriorate
New Series: The Coup Against GNU/Linux Has Begun
today, this year in particular, we shall also focus on Secure Boot, which is sold based on a lie and tortures many computer user
New Paper on "BYOVD, but in firmware. Signed UEFI shells, vulnerable modules offer new paths for Secure Boot bypasses."
One might say digital "security theatre"
Links 11/09/2025: Oracle Layoffs, Drunk Pilots in Japan Airlines, US-Korea Tensions Grow
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 10, 2025
IRC logs for Wednesday, September 10, 2025
Xubuntu Site Compromised
Let's hope it is not a security breach
Links 10/09/2025: Retaliation at Facebook and Microsoft Reveals Almost 100 Security Holes
Links for the day
Gemini Links 10/09/2025: Annihilation of Self, The Future Eaters, and Leaving Academia
Links for the day
They Say That People Are Afraid of or Worried About "Hey Hi", But the Worriers Should be the Fools Who Invested in It
At the end of the day nobody should worry more than those who invested their money in this bubble
Harassment evidence: franceinfo's Clara Lainé report on Ubisoft prosecution
Reprinted with permission from Daniel Pocock
Links 10/09/2025: Microsoft Layoffs in "RTO" Clothing and Windows TCO, GitHub TCO
Links for the day
Blaming Everything on China
TikTok works for China. GAFAM works for fascists.
People Get Tired of "Hey Hi" (AI), Unlike the Subservient Money-Obsessed Media That Gets Paid to Pretend This Bubble Still Matters
"crash will be way bigger than dot.com burst in 90s. and that was Internet, actually transformative technology, not this expensive AI toy with direct dependency on the energy input which is not scalable"
Brett Wilson LLP Accepts That the Serial Strangler From Microsoft Filed a Case That Also Implicates My Wife (Everything is Connected)
They used to pretend that there were two separate cases
10 Reasons to Disable (or Enable) UEFI Secure Boot
Tomorrow the "trusted corporation" Microsoft will see a certificate expire
Gemini Links 10/09/2025: Hospital and Large Feeds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 09, 2025
IRC logs for Tuesday, September 09, 2025
The Bluewashing of Red Hat is Being Completed, Many Staff Understand They'll be Made Redundant
Jim AllowHurst (Whitehurst) is meanwhile promoting Microsoft's agenda from within other companies
Throwing Away "Old" Computers (Mozilla and Other Climate Deniers)
Mozilla is not leftist