Bonum Certa Men Certa

America Invents Act Improved Patent Quality, But Right Wingers Threaten to Make It Worse Again

Rumours suggest that Donald Trump will add Randall R. Rader to his swamp

Randall R. Rader
Photo from Reuters



Summary: The past half a decade saw gradual improvement in assessment of patents in the United States, but there is a growing threat and pressure from the patent microcosm to restore patent maximalism and chaos

The USPTO has been gradually improving under Michelle Lee, who sought positive reform and is said to be on her way out after Trump's inauguration. The former Director, David Kappos, is now lobbying (in exchange for money!) to make things worse again. It looks as though Trump is about to blow away any progress with Rader as Director (or similar position). Rader is not only corrupt but is also a software patents proponent.



The following new post by Jason Rantanen links to this new report from the USPTO:

USPTO Releases its 2016 Performance and Accountability Report



I’m pleased to announce that the USPTO has published its Performance and Accountability Report (PAR) for fiscal year (FY) 2016. The PAR serves as the USPTO’s annual report, similar to what private sector companies prepare for their shareholders. Each year the USPTO publishes this report to update the public on our performance and financial health.

[...]

We will continue efforts in the Enhanced Patent Quality Initiative, which is a multifaceted initiative that builds on past efforts and includes future programs aimed at improving the accuracy, clarity, and consistency of patents; continue implementation of the patent dispute resolution portions of the AIA; meet the wave of legal challenges to the USPTO’s interpretation of the AIA and its regulations implementing the statute; develop outreach at both headquarters and regional offices; expand on dissemination of data; attain and maintain full sustainable funding; and provide IT support for a nationwide workforce with a “24/7/365” operational capability.


Watchtroll, in the mean time, being the software patents proponent that the site always is, suggests changes that would inherit bad elements of the EPO, where software patents are habitually being granted in defiance of the rules (more so under Battistelli than before, to the point where legal firms say it's easier to get software patents at the EPO than at the USPTO). To quote from the summary:

In summary, there is a plausible case that the US law on obviousness is indeed compatible with the above-explained EPO problem-and-solution approach. It could even be said that the steps of the problem-and-solution approach appear to have been inspired by US law and practice!

Under present working styles, USPTO examiners concentrate on the claims and spend little or no time reading the description. If they are to initiate obviousness rejections using the problem-and-solution format they would have to change habits and consult the description to locate any effects related to the distinguishing features.

I remark that the problem-and-solution approach is not a new statement of the law of obviousness: it is a statement of practical steps to be taken by a practitioner in order to come to an objective assessment of obviousness/non-obviousness compatible with the Statute Law and Case Law. It is an approach designed for large organizations like the USPTO who need to maintain uniformity.

[...]

The US Law on obviousness is indeed compatible with the EPO problem-and-solution approach. The USPTO, unlike the EPO, may be bound by the ratio decidenti of superior court decisions, but this should not impede completing the MPEP with instructions like the problem-and-solution approach. All that is needed is to arouse interest in potential long-term advantages for the USPTO notably the perspective of increased quality. Application of the approach does not imply any change in the Statute or Case Law, simply a determination to complement the current piecemeal guidelines by a coherent methodology.

It follows that the USPTO not only could adopt an approach for assessing obviousness like the EPO problem-and-solution approach, but in my view the quest for quality is a good reason why it should do so.


A guest post at Patently-O, composed by Professors Arti Rai (Duke) and Colleen Chien (Santa Clara), is titled "Patent Quality: Where We Are" and it names the legacy of Kappos, which is similar to that of Battistelli (compromising patent quality to artificially make ruinous 'gains'):

When former USPTO Director David Kappos took the helm in 2009, budgetary strains and application backlog demanded immediate attention. Even so, then-Director Kappos pushed through redesign of the agency’s IT system, gave an across-the-board increase in time to examiners, adjusted count allocation so as to reduce incentives for rework, and emphasized quality improvements through international worksharing, industry training, and the creation of the Common Patent Classification system. Then, with the passage of the American [sic] Invents Act of 2011, the agency’s budgetary position stabilized and the stage was set for further focus on quality. The backlog subsided, with the queue of patents reduced by 30% over the last eight years, according to statistics released by the USPTO.


It was only after the America Invents Act (AIA), which then created PTAB, that patent quality started to make more sense. We hope that even in the era of a Trump Administration the same kind of trend will persist, though we are not particularly optimistic about it.

Recent Techrights' Posts

Links 08/03/2025: International Women's Day, Software Patents Being Squashed
Links for the day
Hiding Problems Doesn't Work
transparent organisations will be more stable and sustainable
Under the Pen Name "John O'Donnell" (LLM Slop, Not Real Article or Author) LinuxLinks Pushes Spammy Page
it happened some hours ago.
No, We Don't Want to Go "Viral" (and You Probably Don't, Either)
"Viral" junk gets forgotten quickly
 
Links 09/03/2025: FiveThirtyEight Killed by Disney, Nature (Journal) Chooses Suicide by Slop
Links for the day
The Harder They Try to Censor, the Bigger the Scandal (and the Impact) Will Be
We don't plan to self-censor our coverage; sometimes we just delay publication a little
Gemini Links 09/03/2025: Leasehold Derangement Syndrome, Raspberry Pi, and More
Links for the day
All-Time Low for Microsoft in Africa
it helps show how irrelevant Microsoft is becoming
French woman (frontaliere) trafficked to promote unauthorised cross border Swiss insurance
Reprinted with permission from Daniel Pocock
New York Times & Guardian reporting on Modern Slavery Act prosecution of Glodi Wabelua
Reprinted with permission from Daniel Pocock
Diana & Adrian von Bidder-Senn, EVP, Palm Sunday & Debian death on wedding day
Reprinted with permission from Daniel Pocock
The RTO (Return-to-office) Layoffs or 'Soft' Layoffs at IBM and Red Hat
There are certainly many layoffs going on there, but many are described as "resignations" or "retirements" after RTO or some other form of relocation
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 08, 2025
IRC logs for Saturday, March 08, 2025
Graveyard of Mastodons: A Vast Number of Inactive Accounts
More than 80% of users in mastodon.social (the "big one") are no longer active
Gemini Links 08/03/2025: Reading Cory Doctorow's 'Little Brother', Abandoning GAFAM Forever
Links for the day
Windows is Being Eradicated
On the Web, in Africa in particular, user strings or UAs that say "Windows" are becoming more rare
For International Women's Rights Day (Today) Staff Representatives at the European Patent Office (EPO) Opened Up on Gender Discrimination at the Office
Office discrimination against women is widely known; unless you sleep with men in management
Links 08/03/2025: Tariff Self Harm and Mostly Solved Diseases Making a Comeback
Links for the day
Links 08/03/2025: Climate Change Causing Food Shortages, Selling Off Chrome Still in the Cards
Links for the day
Gemini Links 08/03/2025: Driving in Japan, GrapheneOS, Tariffs Silver Lining
Links for the day
Working Like a Pack of Hyenas, the Microsofters Try Hard to Hide the Truth and Actively Censor Critics
They even target women
The Fall of the Open Source Initiative (OSI): Bylaws of the OSI a Shocking Oversight
That's what the OSI is right now: a salesperson
Thinking About Abandoning 'Google News' Altogether Due to Easy Poisoning by LLM Slop
As long as Google News keeps sending traffic to these leeches, it'll be very hard to justify relying on Google News for anything at all
Links 08/03/2025: Microsoft Failures, Further Attacks on Speech in Hong Kong
Links for the day
Gemini Links 08/03/2025: Physical Albums, Analog Computing, Deleting All Social Control Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 07, 2025
IRC logs for Friday, March 07, 2025
OpenAI, Deep in Debt With Growing Losses, Sees Web Traffic Falling Fourfold in a Year
Microsoft's shares have fallen over 10% since the last report and OpenAI is trying to con people via Wall Street, offloading the debt to some gullible fools
Microsoft's Social Control Media Efforts Cratering (GitHub and LinkedIn)
Expect more layoffs
Microsoft Office is a Dying Cash Cow and Now It's Just Dying/Starving
Most people use Android and they don't need some bloated office suite because many processes involve Web forms
Links 07/03/2025: Radio’s Death Knells and US Abandoning Ukraine
Links for the day
Gemini Links 07/03/2025: Replacing Firefox with LibreWolf, Visiting Churches
Links for the day
Links 07/03/2025: Oracle Layoffs, HPE Eliminates 3,000 Jobs, Massive Price Hikes at Microsoft, More Surveillance in Microsoft's Stuff
Links for the day
Manslaughter: Haverfordwest convictions, Abraham Raji & Debian DebConf drowning
Reprinted with permission from Daniel Pocock
Open Source Initiative's (OSI) Latest IRS Files: Only 2.9% (2.90046827447%) of Its Income is From Members
So almost all the money is corporate
Open Source Initiative (OSI) Reported to the California Privacy Protection Agency (Formal Complaint)
Time will tell if a Cheeto-controlled California will take this seriously or just brush it aside like a head of state from Ukraine
Half a Decade Without Social Control Media
Not all audience is desirable
IBM Laid Off Almost 2,000 Staff Last Friday and No Western Publication (Newspaper, Web Site) Even Mentioned That
Only some Asian sites mentioned it
Under IBM, After Killing OpenSource.com, the Next Casualty May be "Community Blog" of the Fedora Project
It sounds like they already made the decision/s
Social Control Media as a Rapid Race to the Bottom - Part IV - Physical Health, Mental Health, and Debilitating Anxiety
One is better off feeding stray pigeons (rather than scrolling and clicking on "timelines" like a dumb pigeon)
Links 07/03/2025: WSL Breakage (as Usual), Abandoning WordPress for Hugo
Links for the day
LLM Slop Versus Richard Stallman
"Compilation Of Corruption: Jeffrey Epstein And The Halls Of Academia"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 06, 2025
IRC logs for Thursday, March 06, 2025