Bonum Certa Men Certa

USPTO Fraud Accusations and the 'Coverup' Attempt by USPTO Circles Inside the Corporate Media

Distracting from the accusations

USPTO cash



Summary: The USPTO is found to have been burning taxpayers' money and the patent microcosm, which profits from this entire sort of 'racket', is trying to defend or belittle these findings

THE USPTO has been dealt a serious blow which we mentioned here very briefly the other day (billing fraud, similar to what's alleged to be happening at the EPO).



It is no surprise that examiner misconduct and fraud is defended by IAM 'magazine', but having followed their sources we are left worried. Here is what IAM wrote to excuse/dismiss it all (the headline is "accusations against USPTO staff may have less meat than reported"):

But according to Matt Levy, patent counsel with the Computer Communications Industry Association (CCIA), the numbers from the OIG’s report should be put in context. Earlier this week, in a letter to the editor of the Washington Post, Levy claimed that the report exaggerated the scope of the problem. When broken down, he calculates that the waste amounts to an average of six minutes per examiner at the USPTO (he went into further detail in an IP Watchdog post here).

I reached out to Levy for a little more detail on his reasons for writing the letter. Here’s his response: “It seemed pretty clear that the OIG was making the problem look far worse than it was. I’ve written about the GAO’s report on quality, and I’ve been hopeful that it would garner some attention. Unfortunately, the scandal that the IG’s report created seemed likely to suck up all the oxygen. My goal was to bring a little perspective and, hopefully, help focus the conversation back on patent quality.”

Most patent owners would probably agree with Levy. That isn’t to denigrate the latest findings of the OIG but the more fundamental problem for the US patent system is the quality of the grants that it makes. That was certainly one of the main findings of IAM’s most recent benchmarking survey which was elaborated on by a more recent piece of research by Colleen Chien of Santa Clara University


Putting aside that last paragraph which is IAM's self-promotion (of propaganda), watch who they're using to support their position. Remember which companies are behind CCIA, never mind Watchtroll (IP Watchdog) and other USPTO friends/buddies. It's like a sort of coverup attempt because a lot of the above piggybacks Matt Levy from CCIA. It is a man whose wife works for the USPTO, i.e. his household receives a salary from the USPTO -- something that should probably be mentioned (he personally asked me not to mention this again, but it's hard given these circumstances and given that Levy gave away this potential conflict of interest himself, in his own blog). Watch what he wrote in response to the original piece (filed under "opinions"). His wife works for the USPTO, yet he does not disclose this in his letter to the editor (regarding the USPTO). How is one supposed to simply ignore this? The echo chamber in defense of fraud isn't something that's a minor detail that can be trivially overlooked. Found via this tweet are some vicious attacks on Florian Müller for bringing up the issue. A former IP Kat writer is slamming him for stating the obvious and he responds with: "Doesn't matter due to fee diversion. Ultimately it is taxpayers' money anyway." Patent law firms too are against taxpayers now [1, 2, 3, 4]? Or implicitly in defense of billing fraud? How would that make them look? It is hard to explain to the patent microcosm its unwanted role (as it relates to practicing developers) [1, 2], but Müller did try and at the end he wrote a summary of his position as follows [1, 2, 3, 4]: "Some patent folks are being too emotional about USPTO fee diversion to think things through correctly. Let's enlighten them now: Question was: if employees steal from USPTO, are taxpayers the ultimate victims? Yes. There are 2 independent ways to prove this. First, every $ less that the USPTO can send to Treasury (fee diversion) is a $ more that taxpayers have to contribute to pay for something. Second, fee diversion goes both ways: if theft contributed to a USPTO deficit, taxpayers would have to close the gap."

"Slamming the watchdog isn't easy (shooting the messenger which is independent) and if nefarious tactics are used to belittle the problem itself, what does that tell us about the accused (collectively) or their spouses?"I have exchanged quite a few E-mails about this subject since (Müller expressed some views) and it's saddening to hear that patent law firms implicitly threaten alienation in retaliation for stating of the obvious. By doing so they probably risk only isolating themselves even further, turning software developers like myself and Müller into a foe.

For those who want to hear opinions from sites not run by software developers, consider reading "Patent office employees steal millions from American taxpayers". To quote: "A new report from an independent watchdog found that employees of the Patent and Trademark office billed the government (AKA, the taxpayers) for 300,000 hours they never worked, costing the American people $18.2 million.

"Many employees work from home, and the report found numerous instances of time logged without any work being completed.

“The amount of wasted man-hours that could have been spent reducing the patent backlog is astounding, not to mention the millions of taxpayer dollars that were wasted paying employees for work they were not doing,” House Judiciary Committee Chairman Bob Goodlatte (R-Va.) told the Washington Post."

Working from home for the USPTO is something which Levy's wife has been doing. It's a shame that he did not disclose that in his letter of response to this piece from August 31st ("Patent office workers bilked the government of millions by playing hooky, watchdog finds").

Slamming the watchdog isn't easy (shooting the messenger which is independent) and if nefarious tactics are used to belittle the problem itself, what does that tell us about the accused (collectively) or their spouses?

Recent Techrights' Posts

Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Microsoft's "FUD-as-a-Service" (Against Linux) Not Functioning Well
This is the kind of contribution companies like Microsoft and Google have to offer to society
Betanews Becoming a Slopfarm is "Betanews Growing Alongside You", According to Betanews
Their first 'article' in over two weeks is 52% "AI-generated" (slop), 33% mixed (edited slop), 18% human-written, says an advanced scanner.
 
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025
Links 17/06/2025: "The Grift Economy" and Kubernetes Does Proprietary
Links for the day
Coffee Day and LLM Sloppers
The LLM slop "bros" are a lot like fake-money bros; they lie to people, they boast that they lie to people, and they're generally bad people, BS artists in colloquial terms
Double-Dipping the Docket for Microsoft Glory and Censorship of Microsoft Critics
same lawyer, same barrister, all US, all Microsoft
TheLayoff Censorship of IBM Threads Has Gone Truly Ludicrous
we do not argue that TheLayoff should not cull LLM slop
More Stallmanites Added to FSF Board and Summer Fundraiser Commences
There's some good news from the FSF
Gemini Links 17/06/2025: Consistency and Notes About NixOS
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 16, 2025
IRC logs for Monday, June 16, 2025
July 2 2025 Would Not be First Big Wave of Microsoft Layoffs Before Major National Holiday
July 2 or 3 mark the start of a very long weekend in the US
IDG's NetworkWorld Seems to Have Just Become LLM Slop
If IDG (now controlled by China) does that in at least one site, why not the rest? Only a matter of time?
Gemini Links 16/06/2025: Free Lunches and Bookmarklet for Mastodon
Links for the day
IBM: Less Than a Month's Severance for Each Decade of Service
Yes, decade!
Taking a Lesson From Denmark and Greenland? Iceland Shows New Lows for Windows, All-Time Highs for GNU/Linux
If Microsoft sabotages systems of judges at the Hague (in order to appease the insane man who wanted to invade Greenland), why won't its neighbour Iceland take note?
BetaNews Has Just Deleted Its Latest 'Article' or Got Cracked Again and Restored From Outdated Backup Again
BetaNews seems to be in some serious trouble right now
Software Freedom is "Activism" Because the Corporate Agenda Revolves Around Bribery, Deceit, and Betrayal
At the end Software Freedom will win because it's on the same side as truth and lawfulness
The EPO, Europe's Largest Patent Office, Admits Outsourcing to Microsoft Slop
Their sole goal is to make more money
Links 16/06/2025: EchoLeak and NASA Teaming up With India
Links for the day
The Better the Understanding or the More Nations Understand the Threat Posed by Microsoft, the Faster It'll be Eradicated
We believe that the thing to advocate is self-hosting and Free software... A lack of simplicity or absence of alternatives is a form of vendor lock-in
A Week of Sunlight
They say transparency is like sunlight to a vampire
"Linux" Sites That Went Astray
there are even worse things than shutdowns
Links 16/06/2025: Climate, Wildfires, Breaches, and Monopolies
Links for the day
Links 16/06/2025: Summer in Finland and Misunderstandings
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 15, 2025
IRC logs for Sunday, June 15, 2025