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

New Article Explains How the GPL Came About and WordPress Having Copyleft Obligations
Having been involved in the WordPress development community since almost the beginning, I know why it chose the GPL and how it restricts abuse by Automattic
Dr Richard Stallman (RMS) Gives Talk in Oxford University in 4 Hours
If you live nearby, go there (it's free as in gratis)
Using a Law Firm's Licence to Exercise Politics Through Frivolous SLAPPs and Nastygrams (to Silence People, Remove Pages, Demand Fake or Forced 'Apologies')
Things must be getting really bad when lawyers act for raving antisemites
 
Slopping the Trough: Disney Plus Loses Billions and the Decline of Physical Media in America
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 24, 2025
IRC logs for Thursday, April 24, 2025
Links 24/04/2025: GAFAM Problems and No Peace (or Ceasefire) in Sight
Links for the day
Slopfarms on the Web Almost Always Generate Anti-Linux FUD When They Produce "Linux" Output
Welcome to the dying Web
Richard Stallman's Oxford Talk Has Just Ended, Here Are Some Photos
he might hop over to another European country
Gemini Links 24/04/2025: Birthday and Good Work of Academia in Esotericism
Links for the day
Links 24/04/2025: EU fines Apple and Facebook, Another Microsoft GitHub Security Blunder
Links for the day
IBM Gained Almost 6 Billion Dollars in "Goodwill" Value in Just 3 Months, According to IBM
Congrats to the management!
In Belarus, Yandex is Now Measured as 50 Times More 'Popular' (by Usage) Than Microsoft
Yandex continues to gain, whereas Bing cannot even register at 1%. Last month it was registered or measured at a measly 0.65%.
IBM Cannot Lie to Shareholders Anymore
"I would not be surprised if we see a layoff every quarter this year."
We're Working to Make Full-Site Search Available
This site has over 1,000 'wiki' pages, many thousands of documents, several thousands of videos, and about 50,000 blog posts or articles. We need to make them easier to find/navigate.
Links 24/04/2025: IBM Loses Many Contracts, Intel to Lay Off Over 20% (Not Counting Those Who Leave 'Voluntarily')
Links for the day
Richard Stallman Can Explain to Oxford Artificial Intelligence Society Why LLM Slop is Not Artificial Intelligence and Why It Hurts Society
another 'crop' of LLM slop that damages GNU/Linux and facts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 23, 2025
IRC logs for Wednesday, April 23, 2025
Open Source Initiative (OSI) Promoting Microsoft and Proprietary Software Using Microsoft Operatives
Because nothing says "Open Source" like GPL violations facilitated by Microsoft
Another Site Bites the Dust: "Open Source For You" Becoming a Slopfarm (LLM Slop)
What a shame. Another dead site.
Links 23/04/2025: Crackdowns on Dissent, Palin Loses Libel Retrial Against New York Times
Links for the day
Links 23/04/2025: Hard Times and Digital Amnesia
Links for the day
The GNU/Linux Site Formerly Known as "linoxide.com" is Back... as an LLM Slopfarm!
Better for linoxide.com to go offline than to do this
Get Rid of Back Doors, Don't Obsess Over Bounties and Other Corporate PR Stunts (or Needless Reboot Rituals)
Security as a term has mostly lost its meaning due to repeated misuse for many years
Richard Stallman to Speak in Oxford University Exactly a Day From Now
outsourced to GAFAM
Links 23/04/2025: "Hiding Corruption" and "The Cost of Defunding Harvard"
Links for the day
Microsoft 'Studies' Again? Leon Musolff is Writing Papers With Microsoft.
Even if one can see/find a link to "the study" (in the Bezos-controlled publication), most people won't look any further and just take everything at face value.
Towards GNU World Domination
The FSF led by Geoffrey S. Knauth with his friend Richard Stallman in the FSF's Board [...] Let's encourage people to adopt GNU/Linux. There has never been a better time.
statCounter Helps Visualise Just How Deep in Trouble Microsoft is (Especially in Africa)
Microsoft sabotaged efforts to connect Africans and equip them with GNU/Linux laptops
The Register is Using Linux-Hostile Clickbait in Articles of Linux Proponents
Don't be a "whore" to advertisers, team El Reg
Microsoft Windows in Cyprus Lacking a Future
Most people access the Web there from mobile
Matrix Has a Severe Problem With Illegal Images
If Matrix cannot get the CP problem under control, many projects and people will dump Matrix
Never Try to Justify Strangulation of Women (Not in the US and Not in the UK)
Joint post by Mrs. Rianne Schestowitz and Dr. Roy Schestowitz
Links 23/04/2025: Tesla Profits Plunge 71%, Intel Ready to Lay Off 20% of Staff, Microsoft and IBM Layoffs
Links for the day
Microsoft's Most Profound Issue is That People Moved to 'Mobile' and "App Stores" (Microsoft's Presence There is Negligible)
Expect a wild ride for Microsoft this year
Google News is Amplifying FUD and Lies About Linux (and OpenSSH/SSH) by Promoting Slopfarms With Machine-Generated FUD and Slop Images
Google should know better
Gemini Links 23/04/2025: Librarians, Anubis, and Refactoring a Gemini Capsule
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 22, 2025
IRC logs for Tuesday, April 22, 2025