Bonum Certa Men Certa

The Patent Microcosm Still Demonises Alice, PTAB, and Patent Reform (AIA)

Summary: The efforts to crush patent progress in the United States are too easy to see and very easy to rebut, using simple facts that are being defended by courts

THE misleading characterisations keep flying about and the patent maximalists want us to believe that they stand for innovation. The truth is, most of them just have a degree in law (or none) and have never innovated/invented anything in their entire life. To them, the USPTO is just a cash cow, it's nothing to do with science and technology. They'll never openly admit it, but deep inside they can feel it.



"They hate PTAB's guts with a great passion and they hate anyone who facilitates PTAB, including Michelle Lee."The patent maximalists are of interest to us. We watch them closely enough to know what they're up to and which trick/s they have up their sleeve. We rebut their arguments in simple terms that anyone out there can understand and it typically drives them nuts. They insult us, just like they insult judges. Watchtroll is calling PTAB "impotent" and habitually attacks judges. Watchtroll's writer who recently attacked Michelle Lee was attacking PTAB yesterday, as usual. It's a lobbying site for patent trolls and their lawyers, so no surprise there. They hate PTAB's guts with a great passion and they hate anyone who facilitates PTAB, including Michelle Lee. They will never make allies with tweets like these:

Paul Morinville sickened



When challenged, this is what he told me:

Paul Morinville on Google



So conspiracy theories against Michelle Lee turn into conspiracy theories against me. Maybe he also thinks Google is "Illuminati" or something... or that it controls the entire planet, yours truly included (I never worked for Google or even had it as a client at work).

The attacks on PTAB are not limited to the cesspool which is Watchtroll ("IP Watchdog"). Patently-O has been doing the same thing, albeit with a more diplomatic language (the "scholar" façade).

"The attacks on PTAB are not limited to the cesspool which is Watchtroll ("IP Watchdog")."There are more openings/opportunities for invalidation of patents based on prior art, more so post-AIA (2011), so yesterday and today Patently-O wrote a couple of posts [1, 2] in which the maximalist argued that "a Federal Circuit has interpreted the post-AIA on-sale bar of 35 U.S.C. €§ 102 to include sales made available to the public (i.e., noticed in an SEC filing), even if the published portion does not fully disclose the invention."

He said that the "PTO needs to immediately change its rules, and some prosecutors will need to start disclosing again."

"These issues," he wrote in a followup post today, "involve an interesting and largely unresolved mix between statutory prior art and “non-statutory bars to patentability.” The outcome of this mix becomes quite relevant and important once we begin focusing on obviousness. The Post-AIA obviousness statute redoubles its focus on the prior art – as such any non-statutory-bars eventually developed by the courts should probably not qualify as prior art for obviousness purposes."

"Thankfully, however, courts in Japan have been getting tougher on patents and are now closely scrutinising all these rubbish patents."Put in very similar terms (people with law degrees like to over-complicate things), when someone produces something -- with or without a patent -- that thing can be considered prior art, obviousness aside. It takes the patenting bar even higher, as many patents (software patents for sure) can be discredited by simply pointing to a working prototype/code that predates the date of filing.

No post about patent maximalism would be complete without IAM's pearls of 'wisdom' (mind the scare quotes for sarcasm). This morning it once again piggybacked Japan (JPO has been used as a lobbying tool of IAM quite routinely as of late) to shame the US into granting abstract patents on business methods. Here is the relevant part:

In the United States, Supreme Court decisions in eBay (2006), Bilski (2010) and Alice (2014) have significantly reduced the prospects of obtaining patent protection on such inventions – as well as of successfully enforcing business method patents where they have been obtained.

In Japan, the reverse appears to be true. Applications for patents on business-related inventions hovered between 2,000 and 4,000 until a massive spike to 19,231 in 2000 – almost a fivefold increase on the figure for 1999 – which the JPO ascribes to the effects of “judgments and litigation over patents on business methods in the United States”. This application rate slowed over the following years, though – unlike the general picture in Japan when it comes to patent filings – business method applications have generally risen in number each year since 2011.


That's not a good thing. It's a very, very bad thing. Thankfully, however, courts in Japan have been getting tougher on patents and are now closely scrutinising all these rubbish patents.

Recent Techrights' Posts

We Don't Depend on Google and Don't Care for Google
We have our own site search and we don't depend on Google to bring visits/visitors to us
Facebook Layoffs Due to Enormous Debt, Nothing to Do With "Hey Hi" Slop
The lies about "hey hi" in relation to layoffs will only contribute to further public resentment towards: 1) the media and 2) all the slop.
Universities Became Bad Places for Work
What happened to academia?
 
Layoffs in Twitter, Facebook, and Microsoft's LinkedIn
There are silent layoffs at Microsoft this month
Change of Address at the Hired Guns, Address Removed
Companies tend to alter their 'shell structure' in anticipation of major action
The Good IBM Managers Have Flown Away, All That's Left is the Book-Cooking Loyalists
IBM is just cheating the SEC and shareholders. This seems to be the only thing IBM's management is nowadays good at.
Microsofters' SLAPP Censorship - Part 12 Out of 200: Months Ahead of Serial Strangler From Microsoft Who Helped Double the Lawsuits (Funded by Third Parties) as 'Revenge' for Exposing Crimes
In 2024 I sat down and wrote about what had been done to me and to my wife
Crime Comes in Many Forms
apparently the SRA is OK with stranglers of women in America bullying the media in the UK
commandlinux.com, linuxteck.com, linuxiac.com, and linuxsecurity.com are Slopfarms With "Linux" in Their Domain Name
once readers realise they read slop they immediately lose interest
Links 14/03/2026: Adoption of Slop Has Killed BuzzFeed, Russia Sees "Economic Gain From Iran War"
Links for the day
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day