Bonum Certa Men Certa

The Patent Microcosm Tries to Persuade the Headless USPTO to Crush Alice

Summary: In another effort to bring software patents back to the US (they are currently being swatted like flies in the courts), the lobby of the patent 'industry' gangs up with former officials of the USPTO -- now in lobbying capacity -- and a new report is issued regarding Section 101

THE lobby for software patents has not grown tired, even though (or because) patents on software are pretty much worthless now. Courts and boards trash them one by one (when these are actually scrutinised by people who are not USPTO examiners).



We keep a close eye on this lobby and report on its nefarious modus operandi. They don't want their actions to be so visible.

"We keep a close eye on this lobby and report on its nefarious modus operandi."After constantly attacking and maybe even defaming Michelle Lee, Watchtroll publishes "The next PTO Director must grasp the fundamental fact that a patent secures a property right" (lobbying disguised as news, even entering Google News). It would be a rather benign opinion piece if Watchtroll hadn't engaged in a nasty smear campaign to leave the USPTO void of leadership (except interim).

This same nasty site has just published "The Myth of Patent Quality" as if the notion of patent quality (like level of triviality) is simply mythology. "First," it says, "the Patent Office was issuing bad software patents that were overly vague and impinged on big tech operations."

They play the "rotten apple" card. It's a classic old trick.

"It would be a rather benign opinion piece if Watchtroll hadn't engaged in a nasty smear campaign to leave the USPTO void of leadership (except interim)."On the other side, or the opposition lobby, we have groups such as United for Patent Reform‏.

"86 biz from retailers to automakers urge Congress to preserve #USPTO’s #IPR program that helps fight #patenttrolls," it wrote yesterday. It's about PTAB reviews (petitions to reconsider granted patents). "Small & large businesses from automakers to printers tell Congress," it added, that "#IPR is vital to fight abusive #patenttrolls."

What we have here is basically a battle between practicing companies (that make things) and the patent microcosm which makes nothing and merely profits from lawsuits. This sort of chasm is not new.

"What we have here is basically a battle between practicing companies (that make things) and the patent microcosm which makes nothing and merely profits from lawsuits."A Section 101 report [PDF] has just been issued by the USPTO, which also published a blog post about it. "New Report Presents Viewpoints on Patent Subject Matter Eligibility," Joe Matal wrote, describing himself as "Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO" (after Michelle Lee left).

Matal writes this:"Between 2010 and 2014, four opinions issued by the U.S. Supreme Court—Bilski, Mayo, Myriad, and Alice—significantly affected patent eligibility law. Following these rulings, the USPTO provided updated guidance to patent examiners, initiated a nationwide conversation on patent subject matter eligibility through a series of events and roundtables, and has now published a report presenting what we have learned from the public on this important issue. Some have raised concerns that the heightened bar for patent subject matter eligibility that resulted from these decisions has undermined the ability of intellectual property (IP) intensive industries to secure rights and investments in their innovations. Others have applauded the rulings for providing a useful tool in flushing out patents on technologies that they feel should not be patentable."

"We are not sure where this is going; but we know for sure is that the likes of Watchtroll and corruptible former officials like Kappos (taking corporate money to lobby the former employer) will meddle and attempt to leverage their connections to bring software patents back, even in defiance of the US Supreme Court.""When you only invite the patent industry, this is the kind of conclusions you get," Henrion wrote about this report. We haven't had time to examine it yet. Patent Buddy (pro software patents) linked to that and some people have gotten somewhat excited about it, perhaps thinking that the USPTO will magically undo Alice.

IBM's Manny Schecter is among those who mentioned it and he promotes Watchtroll again, namely an article Robert Stoll wrote there. He "retired from the USPTO as Commissioner for Patents at the end of 2011," by his own description/biography, but he is still meddling a lot, just like David Kappos (even while under IBM's and Microsoft's payroll).

We are not sure where this is going; but we know for sure is that the likes of Watchtroll and corruptible former officials like Kappos (taking corporate money to lobby the former employer) will meddle and attempt to leverage their connections to bring software patents back, even in defiance of the US Supreme Court.

Recent Techrights' Posts

IBM Sends Money to Microsoft
Red Hat basically helps sponsor the company that's a attacking our community
When the Cancer 'Metastasises'
We had a red flag
Attacks on the EPC: Reality and Fiction
EPO leaks
 
Gemini Links 02/03/2024: NixOS on GPD, Meson Woes
Links for the day
statCounter March 2024 Statistics (Preliminary)
Notice Asia
Links 02/03/2024: More Lawsuits Against Microsoft, Facebook Killing Hard-To-Find News
Links for the day
ZDNet (Red Ventures) Works for Microsoft (Redmond), Many Of Its Pages Are Spam/Advertisements Paid for by Microsoft
Here is the "smoking gun"
Wikipedia Demotes CNET Due to Chatbot-Generated Spew as 'Articles'; It Should Do the Same to ZDNet (Also Red Ventures, Also Microsoft Propaganda)
Redmond Ventures?
The Direction WordPress (GPL) Has Taken is an Embarrassment
it comes with strings attached
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Understanding Cardinal George Pell prosecution, Institutional abuse & Debian cybertorture
Reprinted with permission from Daniel Pocock
Links 01/03/2024: Many More Layoffs, "Funerals" for Software Patents in the US
Links for the day
Gemini Links 01/03/2024: OFFLFIRSOCH 2024 and Dark Streets Tech Demo
Links for the day
Links 01/03/2024: Navalny Funeral and Media Under Attack
Links for the day
Gemini Links 01/03/2024: Making Art and the Concept of Work Management
Links for the day
Schriftleitergesetz: Hiding the Holocaust with censorship
Reprinted with permission from Daniel Pocock
[Meme] His Lips Moved
Here is your national "news" for today
statCounter: GNU/Linux Exceeded 6% in Asia Last Month (Compared to 4% Just 12 Months Earlier)
numbers may be biased
What the End of Journalism Looks Like
All on the same day
Links 01/03/2024: Microsoft 'Retiring' More Services and Raspberry Pi Celebrates 3rd Birthday (Launched on February 29th, 2012)
Links for the day
Women's Empowerment
Sponsored by Bill Gates
Gemini Links 01/03/2024: Speed Bumps and Analog Stuff
Links for the day
[Meme] Those Greedy EPO Examiners
Says the litigation industry, charging 300 euros an hour per attorney
EPO Discriminates Against Families of Its Own Workers, the Union Explains Legal Basis Upon Which It's Likely Illegal and Must be Challenged
To the Council, the EPO boasts about its wealth (seeking to impress by how much breaking the law "pays off")
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 29, 2024
IRC logs for Thursday, February 29, 2024
Links 01/03/2024: Misuse of Surveillance Against UK-Based Journalism, EPO Conflict Now in the Media
Links for the day
Taking a Break From Paid Promotion of the Illegal, Unconstitutional Kangaroo Court for Patents (UPC)
JUVE returns to its 'roots'?
FSFE admits losing funds from bequest by insulting and ignoring Fellowship representative
Reprinted with permission from Daniel Pocock
Gemini Links 29/02/2024: Raspberry Pi Incus Cluster and Aya 0.5.0 Coming Soon
Links for the day
Links 29/02/2024: Layoffs at Apple, Expedia, and Electronic Arts
Links for the day
Gemini Links 29/02/2024: Web Enshittification and Firefox user-agents
Links for the day
Spiked Piece/Censoreed Piece: 'Microsoft Copilot is a gimmick', says top CIO
Issues relate to connectivity and cost
Enrico Zini, Mattia Rizzolo, Plagiarism & Debian
Reprinted with permission from Daniel Pocock
[Meme] Clergy of GNU/Linux (Corporations Like IBM)
Volunteers as powerless "followers" of companies that "harvest" their labour
There Will Be Lots More Apple Layoffs (Already Years in the Making)
The corporate media still tries to shape the narrative to prevent panic or delay market hysteria
Latest SUEPO (Staff Union of EPO) Report For The Hague Reveals EPO Does Not Obey Court Orders, Refuses to Allow Workers to Freely Talk to One Another
working in a place where communication itself is restricted
[Meme] The Oppression Will Continue Until EPO 'Quality' Improves
wonder why EPO morale is so low?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 28, 2024
IRC logs for Wednesday, February 28, 2024
Outreachy, GSoC-mentors & Debian-Private may soon become public records in federal court
Reprinted with permission from Daniel Pocock