Bonum Certa Men Certa

Patents in the US Are Becoming Stronger (Better Quality), But the Patent 'Industry' is Trying to Change That

USPTO Director Lee Discusses Importance Of Patent Quality
\ Reference: USPTO Director Lee Discusses Importance Of Patent Quality



Summary: The shift to high-quality patents -- an ongoing legacy of AIA and subsequent reforms, patent judgments by the Justices etc. -- does the US a lot of good, but those who are in the business of litigation are attempting to derail all that progress

THE RESISTANCE to patent reform in the US comes almost exclusively from the patent microcosm, i.e. from those who long benefited from a defunct system flooded by frivolous litigation, bogus patents (now deemed patent-ineligible by courts), and 'tourism' in the Eastern District of Texas.



In many ways, technologists derive great pleasure from these developments. It makes them feel somewhat safer over time. But apathy would be misplaced as the patent microcosm still works hard toward regressions and it uses truly nefarious tactics, including the hiring of former officials (buying influence) and firing (or pressure for resignation) of current officials who are sympathetic to reform. We are watching these things closely and reporting as we go along.

"There was hype and people at the top got carried away when they granted patents on things that deserve no monopoly at all. Examiners were receiving incentives to play along in this agenda, but those days are over."This weekend, linking to a PDF directly from the USPTO, Dennis Crouch says that the "USPTO is very likely to end up spending well more than it collects in fees."

This post isn't about the EPO, but we have mentioned similar projections for the EPO (which is running dry in terms of pending work).

"Thanks to Michelle Lee, the Supreme Court, AIA/PTAB etc. there are now far fewer patent lawsuits in the US."Let's face it. There was a big patent bubble. There was hype and people at the top got carried away when they granted patents on things that deserve no monopoly at all. Examiners were receiving incentives to play along in this agenda, but those days are over. PTAB, for example, already looms over them; the quality of their work is being assessed and/or reassessed.

Thanks to Michelle Lee, the Supreme Court, AIA/PTAB etc. there are now far fewer patent lawsuits in the US. Bad news for the litigation 'industry', no doubt, but good news for those who are busy prototyping, coding, designing, etc. IAM is of course bemoaning this, having been greased up by the litigation 'industry' for many years. The other day it said:

The first six months of the year saw a continuing decline in patent litigation in the United States, although the same cannot be said for political developments in June and July


The pressure group known as the US Chamber of Commerce (not government but an aggressive front of corporations which we wrote about many times before; Wikipedia calls it "a business-oriented American lobbying group") butts in and IAM leaps on its claims, stating in the headline that "Consensus grows that US patent system needs a lifeline" (whose consensus?!).

"He makes the misleading claim that the US was a "global leader of IP protection" when in reality it was a global leader of patent trolls."These dramatic claims and alarmist tone are only to be expected from IAM and should not be taken seriously as though these are the views of the real industry. Meanwhile, a former Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office decides to publish this piece in The Hill. Is he another one of those paid-for former officials (like David Kappos) or something else? He basically bemoans patent sanity because these people just want lots and lots of patents. He makes the misleading claim that the US was a "global leader of IP protection" when in reality it was a global leader of patent trolls. Not the same thing. "Weakened patent system" is what he complains about in the headline. Really? Weakened? Because it no longer grants or shields very weak patents? Such dishonest inversion of terms was seen and mentioned here before; there's a whole bill named after it, with the word/acronym "STRONGER" used to described a WEAKER system.

Thankfully, the above author does not claim to be a developer, engineer etc. Michelle Lee actually was one. And her policies suggested so, too. It's a shame that all the abuse she received from the patent microcosm (publicly and behind the scenes) quite likely led to her departure.

Recent Techrights' Posts

Daniel Pocock's ClueCon 2024 Presentation Was Also Streamed Live in YouTube and Later Removed by Google, Citing "Copyrights". Now It's Back.
The talk covers social control media, Debian, politics, and more
Improving Daily Links by Culling Spam, Chaff, and LLM Slop
the Web is getting worse
[Meme] EPO Targets
Targets mean nothing if or when you measure the wrong thing
 
BetaNews Cannot Survive If Its Fake Articles Are Just SPAM for Companies Like AOHi and Aren't Even Composed by Humans
This is what domains or former "news" sites do when they die and look very desperately for "another way"
Pocock shot in the face, shot in the back, shot on Hitler's birthday saving France, Belgium and FOSDEM
Reprinted with permission from Daniel Pocock
Dr Richard Stallman in Montpellier, Robert Edward Ernest Pocock in France
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 20, 2025
IRC logs for Monday, January 20, 2025
Links 20/01/2025: Conflict, Climate, and More
Links for the day
Gemini Links 20/01/2025: Conflicted Feelings and Politics
Links for the day
Google 'Cancels' RMS
Is the talk happening?
Microsoft Revisionism Debunked by Microsoft's Own Words About “the Failure of OS/2”
The Register on “the failure of OS/2”
Links 20/01/2025: Indonesia to Prevents Kids' Access to Social Control Media (Addiction and Worse), Climate News Catchuo
Links for the day
EPO Union Says Monopoly-Granting Targets at EPO "Difficult to Achieve Without Compromising [Staff] Health, Personal Time or the Quality of the Final Products" (Products as in Monopolies, Not Real Products)
To those of us (over 99.999% of people impacted by this) who do not work at the EPO the misuse of words like "products" (monopolies are not products) should be disturbing
The EPO is Nowadays Trying to Trick Staff Into Settling Instead of Solving the Underlying Problems of Corruption and Injustice
This seems like a classic case of "divide-and-rule" or using misled/weak people to harm the whole group (or "the village")
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
[Meme] Hardware RAID and Hardware Raid
We're expecting attacks on the press in Trump's second term (no need to impress anyone for another election cycle) to be far worse than the first
What's Running on the Laptops
12 months have passed
They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
No Time Left for President Biden to Pardon Julian Assange
At least they tried
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025