Bonum Certa Men Certa

The Patent Trial and Appeal Board (PTAB) is Under Attack From the Patent Microcosm, Which Wants It Not to Exist Anymore

Proponents of software patents are, as expected, wishing nothing but harm to patent reform

PTAB



Summary: Attempts to revert back to a system full of lawsuits, trolls and blackmail are publicly seen in the form of "STRONGER Patents Act" -- a supposed 'improvement' that strives to roll back PTAB

THERE are many patent myths abound. They are being spread by those who profit from patents, not from products. In fact, they rarely make anything at all (except destructive lawsuits). Among the myths is the concept that an economy with a lot of patents (even too many) will thrive. But it's based on a lie. Number of patents, for instance, is not indicative of progress or invention but investment (money and effort) in patent applications. In some countries patents are simply granted on just about anything; see what happens in China at the moment. See this new article celebrating "high number of patents" as if it's a meaningful yardstick (it usually just says something about where large companies are based).



"Put in simple terms, there are court cases that now make trivial the invalidation of abstract patents such as software patents; but enforcing the rules against such patents, especially old patents, can be difficult without PTAB."We have approximately two dozen articles on the way about patents, but we lack the time to publish them all. Some of these (to be published some time in summer) will expose the lobbying effort for a patent system that serves the patent 'industry' (law firms, patent trolls, and patent bullies) at the expense of science and technology. We are very eager to write about it, having researched the subject for months, but we publish based on priority (timing, urgency, relevance to current events). Today we wish to focus on PTAB, which is basically under attack again. PTAB has been responsible for eliminating more software patents than any other branch (even all courts combined), so it needs to be defended. According to this new post, "Analog Devices filed for the inter partes review against Knowles’ U.S. Patent No. 8,018,049 covering a Silicon Condenser Microphone Package. The PTAB agreed with the challenge and found a substantial number of the claims unpatentable."

In another domain, the domain of pharmaceutical patents, someone is profiting by crushing so-called 'Big Pharma' (which use their patents for drug inflation or artificial price hikes). As PTAB expert Michael Loney put it the other day: "This month saw the PTAB issue the final decision on a Kyle Bass inter partes review."

Kyle Bass won. We wrote about his petitions many times before.

This is the kind of thing we want. Here is another new example:

The Patent Trial and Appeal Board has issued a rare granted motion to amend in Valeo North America v Schaeffler Tech, suggesting the Board is willing to consider well-crafted substitute claims

The Patent Trial and Appeal Board (PTAB) has granted two substitute claims in Valeo North America v Schaeffler Tech.



Meanwhile, Dennis Crouch continues trying to slow PTAB down and discredit its decisions. Here is his latest attempt to draw attention that inflames or harms the relationship between CAFC and PTAB (in spite of them agreeing ~80% of the time).

We recognise that many of our readers are new to this and rely on expansion of acronyms etc. Put in simple terms, there are court cases that now make trivial the invalidation of abstract patents such as software patents; but enforcing the rules against such patents, especially old patents, can be difficult without PTAB. The patent microcosm -- i.e. firms that profit from litigation and shakedowns -- is trying to corrupt politicians right now. It tries to bamboozle them into killing PTAB after it eliminated many bogus patents and as one new headline put it, "STRONGER Patents Act would “gut” the PTAB" (if it got passed, but not even the patent microcosm expects it to pass).

"The direct attack on Alice itself is still in the making and there are companies like IBM and Microsoft pushing hard for it."We wrote about this subject before. It overlaps several other efforts to weaken if not eliminate reform. As TechDirt put it the other day, "Could You Design A Worse Patent Reform Bill Than The STRONGER Patent Act By Senator Coons? Don't Think So" (wait, there's more on the way... as we shall show soon).

The direct attack on Alice itself is still in the making and there are companies like IBM and Microsoft pushing hard for it. Don't take AIA, PTAB, or even Alice for granted. Not even taking Michelle Lee for granted was a safe bet because personal attacks from the patent microcosm seem to have pushed (if not forced) her out. After IAM tried to push a corrupt man into her position Watchtroll is having a go also (suggesting replacements [1, 2]), multiple times in fact after it repeatedly attacked Michelle Lee with baseless 'scandals' (over a dozen times). IAM still cites Watchtroll as an authority and whines about SCOTUS doing the right thing on patents (like Alice). Here is the relevant paragraph:

That was definitely one of the takeaways from the ‘US pendulum’ session in which the panelists debated a slew of recent court decisions and the overall state of patent rights in the US. IP Watchdog’s Gene Quinn was clear on the impact that Lexmark might have. “It could be the biggest decision of our lifetime, there are a lot of people panicked by the case,” Quinn said. “It will dramatically decrease the revenue for companies doing business overseas, I don’t see any way around it.”


Maybe he can just attack some more judges in his blog, defame Directors of patent offices, and resort to whatever dirty tricks (with IBM's help) to perturb the system. They already buy themselves some 'academics', moles and lobbyists like David Kappos to help with this, as we shall probably show in greater detail later this month. ⬆

Recent Techrights' Posts

libera.chat is an Agenda-Peddling Platform Run by Agenda-Peddling Individuals
The volunteers of libera.chat ("staff") aren't working for free, they work towards an agenda
Secret Microsoft Layoffs and Maybe Another "Voluntary Exit Program at Microsoft in October"
there's a morale crisis at Microsoft
Many Topics to Cover
Drops in a big ocean
 
SIRIUS OPEN SOURCE LTD Officially Insolvent, Is Reform UK Next?
Sirius no more
Links 05/10/2026: "Congress Must Investigate War Profiteers Once Again" and Update on Thomson Reuters v. Ross Intelligence
Links for the day
Nobel Season is Plutocracy Week
Later this week the billionaires will give a fake "Nobel" (in "Economics") to someone who parrots their preferred narrative and those same billionaires will use "Nobel" to bless the promoter of their latest pyramid scheme/buzzword
GNU/Linux Market Share in North America 13% This Past Weekend
It is perhaps not shocking that adoption of GNU/Linux is very high there
When Did Europe Begin to Side With White-Collar Criminals (or Participate in Suppressing People Who Oppose Them)?
How much corruption can we tolerate before the European Union becomes another Russian Federation?
Libera Chat's "Level of Control Might Make Sense for a Corporate Platform"
IRC is not centralised
Brigading Against Women - Part XVIII - Turning Censorship Attempts (Articles About Matthew Garrett) Into Mild Redactions
What Lozza did two years ago
Greenland Needs Digital Sovereignty
the large icy island isn't moving to GNU/Linux as quickly as the rest of Europe
Tracker of Internet Relay Chat Networks Out of Service (But Not Down) Since Thursday
We should note that the number of unique networks they track has grown since we last checked
Gemini Links 05/10/2026: NixOS, Guix, Codeberg Banning Slop, and "Gopher Apps on Android"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 04, 2026
IRC logs for Sunday, October 04, 2026
MIT Technology Review (MTR) Reinforces MIT's Role in Promoting Slop (Pyramid Scheme) in Exchange for Money
MIT is a poster boy (or child) of institutional corruption, perverts, and corporate takeover
Proving Wrong Those Slop Maximalists and Boosters, GAFAM Says Slop is a Nuisance and Bans/Hides the Slop Submissions
People who say slop in projects is inevitable or even desirable are usually cheaters with self-guilt
Links 04/10/2026: “AI Torture Chamber” and "Aggressive Push to Integrate Hey Hi (AI) Slop Into Schools Is Turning Into a Disaster"
Links for the day
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026