Bonum Certa Men Certa

Courts Are Being Showered With Motions to Invalidate Software Patents, Former USPTO Officials Like Kappos and Stoll in a Panic

Officials-turned-lobbyists freak out as courts finally do something to combat USPTO greed

Heritage Foundation and Robert L. Stoll



Summary: Representatives of large corporations' interests, who used to actually hold key positions at the USPTO, are not particularly happy about the avalanche of software patents (slipping down the cliff)

Another death of software patents (in the US) was recently reported, but not much media attention has been paid to it. That's pretty much what we expect when the media is controlled or steered by particular interests. It should be noted that software patents are dying in bulk in the US and the 'mess' this creates (more requests for invalidation) clogs up the system. As Law 360 put it the other day:



Three federal judges from California and Delaware speaking Tuesday at a symposium to honor retiring U.S. District Judge Ronald Whyte criticized the U.S. Supreme Court’s Alice ruling, saying it has spurred hundreds of patent invalidity motions in their districts, and its two-part test for analyzing patent validity is too subjective.


As a proponent of software patents put it, "Fed. Judges Report that Their Dockets Are Clogged by 101/Alice; Test Too Subjective to Use..." (that latter part is made up, it's not even in the headline or the article, at least outside the paywall).

"Don't think that lobbyists and think tanks of large corporations will just stay idle and watch this without a reaction."What's worth emphasising, verbatim from the above, is: "hundreds of patent invalidity motions in their districts" (good news!)

Don't think that lobbyists and think tanks of large corporations will just stay idle and watch this without a reaction. Watch how in the David Kappos years patent quality in the USPTO sank to gutter level (we wrote about this many times before). This new chart speaks for itself. "In the end," remarks the author, "the Patent Office was able to ramp-up production enough to end FY2016 with the most utility patents issued in any fiscal year in history – 304,500 utility patents!"

What they mean by "production" is what Battistelli means by production. It's a distortion of the whole patent system for the sake of short-term profit gains. Battistelli basically repeats the mistakes of Kappos, who is nowadays a paid lobbyist for software patents. "In Europe" according to IAM, "they have not degraded patents like in the US, says Kappos #LESAM16"

Actually, they are now. Battistelli fancies himself another Kappos. As Benjamin Henrion said in response, "he means corrupt and malicious EPO still grants software patents?"

Well, it has certainly gotten there. Insiders told us this too.

"Don't let the USPTO decide on patent scope."So while the US moves away from software patents, having ejected this disaster who was David Kappos, Europe under Battistelli turns patent examination into a production line with minimal quality control -- the very thing that the US Government Accountability Office recently warned about.

According to this very recent post, Kappos took his lobbying to AIPLA and "Director Lee is likely nearing the end of her term as USPTO Director." Here is the part which mentions Kappos: "USPTO Director Michelle Lee offered a set of Remarks at the October 28, 2016 AIPLA Luncheon. As a presidential appointee, Director Lee is likely nearing the end of her term as USPTO Director. Although the likely election of fellow Democrat Hillary Clinton suggests a smooth transition that could extend her term beyond January 2017, I expect that she will step-down prior to that point and that Deputy Director Russ Slifer will step-up as Acting Director."

According to this post from IAM, the USPTO improves patent quality somewhat (Mayo/Alice) and associated fees go up. A sign of improvement to come? Here is how Patently-O put it:

From the USPTO: The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced that as part of its effort to solicit input from the public regarding the legal contours of patent subject matter eligibility, it will be holding two roundtables, one in November and one in December.

“In recent years, the jurisprudence on the very basic issue of what is patent eligible subject matter has been evolving requiring adjustments by innovators, businesses, lower courts and administrative agencies such as the USPTO,” said Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office Michelle K. Lee. “Our goal is to minimize any uncertainty in the patent system by ensuring we not only continue to apply the statute and case law in this area as faithfully as possible, but also understand the impact of the jurisprudence on innovation by assessing what, if any, changes might be helpful to further support innovation.”


Don't let the USPTO decide on patent scope. It's not their job and they are biased because more patents mean job security for them, at the expense of the public that's attacked by patent trolls and taxed at every corner by low-quality patents. As a cautionary tale look at the EPO.

Meanwhile, the Wall Street media gives a platform to the former USPTO patent commissioner -- a broad platform in which to promote patent maximalism, as usual. Here is what Robert L. Stoll wrote earlier this month:

In conclusion, after a long spell of bad news, Planet Blue—along with decisions like Bascom and Enfish—provides software innovators, applicants and owners with not only increased clarity, but also concrete evidence that the courts are working to address the challenges arising from the Alice test and that we're not headed for a software patent apocalypse (as some have claimed).

I, for one, remain optimistic that the courts and PTO are fully committed to a healthy patent system and will continue working to resolve the remaining issues around patent eligibility and to ensure that effective patent protection is available to innovations in software (and every other field of technology).


Why does Stoll call the end of software patents "bad news"? Is he -- like Kappos -- a former USPTO official that's now de facto lobbyist on patent scope, where the goal is just maximising everything with little or no regard to public interests? See our previous article, the one about Stoll's meddling in policy.

For those who may be wondering about Intellectual Ventures v Symantec, it will be the subject of our next few posts (later tonight). It's a game changer that may have really heralded the very irreversible death of software patents in the US.

Recent Techrights' Posts

Obscene Contradiction in Microsoft's Layoffs Tally ("Official" Numbers Do Not Add Up)
Notice how they treat "LinkedIn" as separate
Confirmed: Microsoft Layoffs Come in Two Waves, Just Like Last Summer
To us, what stands out is the admission from Microsoft that there are two (or more) waves
Links 06/07/2026: Artists Reject Slop (or Even de Facto Bribes to Market/Endorse Slop)
Links for the day
The Media Needs to Speak of Slop as a Climate Issue Like It Did With Bitcoin
But the slop industry keeps paying the media to play along with the hype
 
Gemini Links 06/07/2026: Still Mostly Dry, GoToSocial, and More
Links for the day
European Patent Office (EPO) Series: Effective Dispute Resolution… But Not For EPO Staff
Slovenia fielded one of the few Administrative Council delegations which managed to maintain its own independent line against the tyrannical EPOnian "Sun King"
Community Sites Need Genuine Collaboration and True Autonomy
People who want to communicate, federate and organise for effective change need to evolve
Free Software Foundation (FSF) Covers Quibble, Free Software for Secure Communications, in the FSF Summer Bulletin
The Georgia Tech folks are bringing Free software education and contributions to one of the better known Computer Science hubs in the US
Microsoft Layoffs Include Windows, Bing, Slop (CoPilot etc.) and There Will More More Rounds (or Waves) to Come
"43% of Xbox laid off"
Preserving Comments About the Real IBM Before They Get Deleted
IBM in the 1980s is not what it is right now
Cybershow on "Escaping Prisons For Your Mind"
"THE CYBER SHOW: Stealing technofascism's boots, and stomping on its own face with them."
The Media Talks a Lot About XBox Layoffs, a Closer Look at the Data Show Microsoft 'Bloodbath'
'Bloodbath' is the term insiders use
Links 06/07/2026: At Least 20% Staff Reduction in XBox (Microsoft), Taiwan Sees Uptick in Chinese Aggression/Provocation, Senator Rodante Marcoleta Arrested
Links for the day
In Praise of the UK's Stance on Free Speech (but Some Reservations)
At the moment there is a healthy discussion going on with the objective of disrupting attacks on British press
Exposing Corruption at the European Patent Office (EPO), a Call for More Whistleblowers
We predict that, provided enough whistleblowers speak out, António "the unready" won't even finish his current term
Leaving Our Pets for Several Days
This week our pets will be worried that "mommy and daddy" are away
Dating Trees and Dating 'Apps'
several high-profile stories in the news about scandals in "dating apps"
DW Documentary About Julian Assange Turns 2
It was released just days after Assange had turned 53 and about two weeks after he had left the UK
Independent Media is the Only Form of Legitimate Media
Independent media is, indeed, what we need to demand more of
The Story of the European Patent Office (EPO) Wagging the Dog (EU)
The aim of the series is to properly inform the world - not just Europeans - how Europe's second-largest institution is run [...] How did a corporate hub of monopolies become so detached from the Rule of Law?
GNU/Linux Up to New High in Libya, Windows Down to All-Time Low
GNU/Linux touches 5% there, based on statCounter
SLAPP Censorship - Part 129 Out of 200: Iranian Tactics
Hunger for revenge compels people to do overzealous, irrational things
Quiet Week
Many in the US are still enjoying an extended weekend
IBM's Fall
IBM's fate is closely connected to that of the Free software movement because of the salaries
Social Dialogue at the European Patent Office (EPO) is Dead, the Strikes and Work Stoppage-Like Actions Carry on
What next for the EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 05, 2026
IRC logs for Sunday, July 05, 2026
Links 05/07/2026: Shadows of the Upper Peninsula and 2026 Old Computer Challenge
Links for the day
Not Everything Should be Electric
technology has become detrimental to society
Gemini Links 05/07/2026: Eye of the Beholder and Baldur’s Gate 3 and Alhena 5.6.5
Links for the day
GNU/Linux Market Share is Already High
GNU/Linux has fast become and is still becoming mainstream in recent years
The 9-Step IBM Algorithm: Gaming Wall Street While Shedding Off Staff and Bribing the Mainstream Media to Play Along
Any time IBM preaches manners (e.g. CoC) to the community remember that IBM works closely with and flatters the dictator
XBox is Practically 'Dead Man Walking' at This Point
writings on the wall
They Could Never Kill the Ideas of Richard Stallman (RMS), But They Are Still Trying
Killing an idea is harder than killing a person and killing a person is illegal
Only Germany Objected to Salary Adjustment (Reduction) Procedure of "Team Campinos"
"flash report on the Administrative Council of 30 June and 1 July 2026"
A "Never Slop" Policy in Quibble
"every change in the repository must be made by a human"
Series on GNU/Linux in Japan
This series can last a week or longer
75% of All the Patents Last Year Were Software
The corporate media has more or less ceased to discuss this matter
At Microsoft "the Morale of Developers is at an All-time Low"
Numerous reports today say that after at least 5 studios got marked for shutdown (mothballing) by Microsoft there are rumours about Obsidian as well
Links 05/07/2026: Data Breaches, Heat Waves, and Weinstein Rape Conviction Upheld
Links for the day
Confidentiality at Risk With Slop 'Coding'
People who continue to cheer for slop aren't just misguided fanbis and fangurls
False Narratives of Slop "Efficiency" as Debt Climbs
false stories about slop
July 8 as "D-Day" for Microsoft, Mass Layoffs Planned
Microsoft's grip on the market has slipped for a long time
GNU/Linux Leaps to 6% in Thailand
Can we expect 10% by year's end?
SLAPP Censorship - Part 128 Out of 200: Making Laws Work for Britain, Not Oversensitive Americans Looking for 'Revenge' by Lawfare
The SLAPPs are intended to protect corporations (employers like Microsoft)
EC Looking for Input on Digital Networks Act Until Next Month
New initiative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 04, 2026
IRC logs for Saturday, July 04, 2026
Gemini Links 05/07/2026: Ragebaited and Removing Lines in Emacs
Links for the day
Links 05/07/2026: "Tesla Slams Into Crowded Cafe" and "ChatGPT [Turned] Into a Sociopath"
Links for the day
BRICS and Windows: All-Time Lows
Expect many more Microsoft layoffs in years to come
Do No Evil, Do Not DDoS
Sites that attract DDoS attacks because of their message are sites that are difficult to debunk or debate
France is Winning the Race Against Windows
France instructs, then orders, government agencies to adopt GNU/Linux
Not 2.5% and Not 2.5 Billion Dollars for "Hey Hi"; 2 Waves of Microsoft Layoffs Rumoured This Month, July 8th, Then July 22nd (Just Before 'Results')
People there join unions, knowing they will be terminated silently or otherwise
Microsoft Double Trouble With Slop
What does Microsoft even sell at this point?
Based on US Government Sites, GNU/Linux Has Reached About 8% "Market Share" in Desktops/Laptops
Culled to exclude mobile platforms, GNU/Linux would likely be above 8%
TheLayoff.com is Deleting Comments About IBM Offshoring
Meanwhile, rage-baiting Internet trolls and sometimes trolls who paste in LLM slop are immune from censorship
American Independence Needs Independent Media
The American regime's hostility towards media is an international problem
Techrights Was Always a Community Platform
Techrights is about whistleblowers
Phenomenal Growth for GNU/Linux in Afghanistan
This is impressive because for many years it was registered at near 0%
Daniel Pocock Pursuing Complaint in the United States Against Software in the Public Interest (SPI) et al
It seems like the only people who don't support him are those whom he criticises
Gemini Links 04/07/2026: Busy Squirrel, Independence Day Celebrations, PalmOS Programming
Links for the day
Canonical/Ubuntu is Breaking CP (cp) to Help Microsoft Turn Coreutils Into Proprietary Software for Windows
What we could do reliably in the 1970s (before GNU) we cannot do in 2026?
Brett Wilson LLP is Downsizing, Apparently Closing Down the Oversized and Overpriced Office
Address changed 13 hours ago
Free Software Has No Kings or CEOs
The kingdom is a cross-border phenomenon, so national flags and other such symbolism overlook the core problem [...] Free Software can help lead us out of the current imbalances
The United States Lost Freedom of Speech
independence refers to a condition, not an activity
IBM Replacing the People Who Built IBM With Cheaper and Younger Staff, According to IBM Insiders
This is a very common sentiment in IBM
For USA 250 Microsoft is Messing With Our Minds (2.50%) to Distract From Mass Layoffs
The slopfarms contribute to this noise
"Defective by Design" Turns 20
DBD is still as relevant as ever (probably more relevant than ever before)
A Bicycle for the Feeble Mind, or How Computers Got Worse for Productivity (Intentionally)
Many of us still adopt and champion the "workstation" mentality
Links 04/07/2026: Microsoft Tax Haven (Evasion) Tactics, Tobacco Bans, and More
Links for the day
Links 04/07/2026: 2026 Old Computer Challenge and Trying Gopher
Links for the day
SLAPP Censorship - Part 127 Out of 200: Lawsuits by Americans Filed in the UK a Burden on British Taxpayers, No Way to Recover the Funds When Americans Lose Their Cases
Are Garrett and Graveley 'pulling a 4Chan'?
Links 04/07/2026: USMCA (Covering Software Patents) Might Not be Renewed, Slop Bros Try to Pay Weird Al to Endorse Their Scheme
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 03, 2026
IRC logs for Friday, July 03, 2026