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

Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
 
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day
Links 20/08/2026: 'Linux' Foundation Promoting Slop Hype for Money (Hype as a Service), Malaysia’s Exports Jump 38% Year-on-Year
Links for the day
Gemini Links 20/08/2026: A "Break From Routine" and "Modem Was the Problem"
Links for the day
Clownflare Reckons GNU/Linux is on Almost 1 in 10 Laptops/Desktops in Western Europe
Western Europe and China are leaving more of GAFAM behind them
Looking Ahead at September
Rianne and I look forward to a productive September
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
Omarchy is Already Dying
Same as the life cycle of slopfarms
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day