Bonum Certa Men Certa

The USPTO Report on Section 101 is Somewhat Farcical as Input Comes From the Patent Microcosm, Not Producing Companies

Soda industry



Summary: The USPTO is reaching convenient but erroneous conclusions by drawing input from just a tiny minority that's niche interest groups (profiting from a torrent of litigation and low-quality patents)

THE occasional public events that discuss patents tend to be a sham. We wrote about several such bogus panels last year. These are echo chambers. Not a single engineer or technical person attended such events (or spoke in them). Lawyers, attorneys and managers were everywhere; public officials too. But nobody who actually applies for a patents or whose work is affected by patents. The intention of such events is to mislead the public by exclusion of voices.



"The intention of such events is to mislead the public by exclusion of voices."Such was the report on Section 101, which was the outcome of lobbying, as we noted yesterday and earlier this week. The USPTO continues to grant patents that courts very often reject because the examiners, pressured from above, are too eager to grant and increase the numbers irrespective of merit (prior art, complexity of said invention and so on). It's similar to what is happening at the EPO, but the US has PTAB (appeal board/s), whereas these systematically get marginalised in Europe and Oppositions/Appeals too (another division) sees windows narrowed to further impede/suppress much-needed gchallenges.

"Well, "these participants" are the patent microcosm, which does no innovation at all."To make a long story short (or a 60-page document more concise), front groups of the microcosm want not only to eliminate PTAB but also to broaden patent scope, as usual. IAM has just named those notably involved as "the Intellectual Property Owners Association (IPO), the American Intellectual Property Lawyers Association (AIPLA) and the IP section of the American Bar Association (ABA)," adding that they "have all put forward proposed 101 revisions" (to water down Alice effects).

This is very much expected and this is why we need to watch this carefully. The writer too is a patent maximalist (longtime proponent of trolls and software patents) and he said:

The report is not an advocacy document [yeah right!] and is therefore not designed to influence the patent reform debate in one direction or another. But it does conclude that a majority of those who took part in the consultation process favour legislative change to 101. “A call for legislation was particularly strong from the life sciences industry but also had many supporters from computer-related industries,” the PTO wrote. “According to these participants, the [Supreme] Court’s precedent is having such a harmful impact on innovation and business development that a legislative solution is critical.”


Well, "these participants" are the patent microcosm, which does no innovation at all.

IPO has in fact worked hand in glove with IBM on this, in order to facilitate IBM's ruinous patent bullying.

"Sites like IAM must be very pleased, for they are directly funded by the patent microcosm and effectively act as a front/influence group."We have to confess that we have not yet read the entire report (it's too long), but the impression we get from those who have is that it amplifies the positions of the patent microcosm. Sites like IAM must be very pleased, for they are directly funded by the patent microcosm and effectively act as a front/influence group. That's just their business model.

Earlier today another writer from IAM wrote in order to protest Japan's likely/imminent decision to do the right thing, having already toughened the courts (to make frivolous patent lawsuits harder). Those who use standards as Trojan horses to tax a lot of companies (the way MPEG-LA does) might lose their power, so the exploiters of such schemes panic a little. IAM responded with this:

The Prime Minister’s Office included the ADR proposal in its 2017 IP Promotion Plan. The document calls for the necessary amendments to the Patent Law to be submitted at the next ordinary session of the Diet, which is in January 2018. The plan states that the legal structure of the new system, which it maintains will not ‘abuse patent owner rights’, should be determined by March 2018.


As is usual and ever so typical from IAM, which already protested the Japanese courts' hostility towards bad patent, it then veers off and turns into a megaphone of the abusers.

"As is usual and ever so typical from IAM, which already protested the Japanese courts' hostility towards bad patent, it then veers off and turns into a megaphone of the abusers."It ought to be clear by now that there's an information war between "parasitic" elements in the patent world (trolls and law firms) and everybody else, namely companies that produce things and the public (which buys these things). If the USPTO fails to recognise and take this into account, it will be treated as nothing more than an extension of the "parasite".

Recent Techrights' Posts

Microsoft Problems in Europe Even Before the Cheeto Tariffs
The case of Romania, Europe's notorious Microsoft fan
Oman in 2025: GNU/Linux Growing to 5%
what can Microsoft do about it except sabotage the PCs?
Microsoft Shares Collapse Again (Down $101), Fifth Round of Microsoft Mass Layoffs in Less Than 100 Days in 2025
disaster
Windows Has Fallen to All-Time Lows in Switzerland Since GNU Celebrated 40th Anniversary (GNU’s 40th Birthday in Biel, Switzerland)
GNU/Linux has been doing well in Switzerland
 
Gemini Links 07/04/2025: Stock Market, Galène, and DMT Entities
Links for the day
During the Weekend We Said Fedora DEI Requires Proprietary Software, Now the Chat About It Is No Longer Accessible Over the Open Web
is this just a coincidence and an habitual change in Element?
Links 07/04/2025: US Measles Fatalities and China Launches HDMI and DisplayPort Alternative
Links for the day
Links 07/04/2025: More Cuts to Science Funding, Snail-speed Internet in Germany
Links for the day
Gemini Links 07/04/2025: Leasehold and Safe Gifts
Links for the day
In Some Countries, Laptops and Desktops Become a Dying Breed (Even Before Tariffs), Windows Has Nowhere to Go
expect more GNU/Linux on new and existing laptops
When the Credibility or 'Quality' of Clients Ceases to Matter, It's About Helping Rich Companies Like Microsoft Censor Critics (No Matter the Risks)
Bad ideas typically result in undesirable outcomes
UAE: GNU/Linux and Android at Record Levels, Windows at New Lows and Falling Below Apple
Even iOS is measured as bigger than Windows this month
Links 07/04/2025: Reddit Occupied (Social Control Media Controlled by Oligarchy), Demise of Globalisation Ongoing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 06, 2025
IRC logs for Sunday, April 06, 2025
Links 07/04/2025: Leaving Gemini/smolweb and Mastodon Migrations
Links for the day
In Iraq, Windows 3.1 (Percent)
There's also zero
One Person's Take on Jef Spaleta, the New Fedora Project Leader
"With a little searching, I wonder what else may be found regarding Microsoft."
Links 06/04/2025: Flood, Cool Gemini Capsule, and Long Form
Links for the day
Links 06/04/2025: Science, Politics, and Pricier Goods
Links for the day
LLM Slop Has Virtually Killed unixmen.com and Many Other Sites
There's no longer any incentive to write real articles in there
Sharp Declines for Microsoft Windows in Bangladesh (Pop. ~175,000,000), Big Gains for GNU/Linux
Microsoft Windows has been having a really hard time in poor countries
Links 06/04/2025: Fake Reviews, Privatisation Heists, and "AI" as Smokescreen for Impoverishing Humans
Links for the day
Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?
Open Source Initiative (OSI) Privacy Fiasco in Detail: What Was Reported to the California Privacy Protection Agency (CPPA)
We hope to finish this whole lot within a week, then move on to election, lobbying etc.
Links 05/04/2025: Tariffs Backfiring, YouTuber Arrested, X/Twitter Set to be Fined
Links for the day
Gemini Links 05/04/2025: Offline is For Everyone, Copyright Colonialism, and More
Links for the day
Links 05/04/2025: TikTok Unsold (Still), Royal Society is Dead
Links for the day
Techrights Will Spend the Next Few Years Writing a Lot About Strategic Lawsuits Against Public Participation (SLAPPs)
It's a growing problem
The State of EPO Staff's Health in Rijswijk or The Hague
We're going to cover the EPO some more later in the month
NVIDIA Corp Lost 36% of Its "Value" Since Cheeto Inauguration, But "Gen Hey Hi" (GenAI) is Totally Not a Bubble
Selling loads of unneeded hardware based on hysterical hype; like selling shovels during a Gold Rush
GNU/Linux Growing in East Asia, Windows by Default No More?
GNU/Linux is now on the shelf
Slopwatch: Anti-Linux 'Articles' From Linux-Hostile LLMs
It is almost always negative things and nobody can be held responsible for it except the charlatans prompting the LLMs
Links 05/04/2025: Fentanylware (TikTok) "Sale Looks Highly Imminent" (US), Stock Market Drowning in Panic
Links for the day
Gemini Links 05/04/2025: Moving Plants, No to Smartwatches, RAID Hygiene
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 04, 2025
IRC logs for Friday, April 04, 2025