Bonum Certa Men Certa

Contrary to Claims From the Litigation 'Industry', AIA, PTAB, and the USPTO’s Inter Partes Reviews (IPRs) Make the US Better for Innovation

Related: In the United States, Software Patents Are Still Consistently Invalidated Under 35 U.S.C. ۤ 101

SCSI HD



Summary: In an effort to undermine patent reform, patent extremists now latch onto findings about the relative decline of the US (e.g. in the sciences) and blame that squarely on patent policy, neglecting to mention that patent activity in the US (e.g. filings) is at an all-time high

THE US has changed after the Federal Circuit and Board (PTAB) started invalidating software patents en masse. It changed for the better. As we noted last month, the patent microcosm blames everything negative in the US (decline in rankings pertaining to science) on AIA, which is responsible for PTAB (and thus IPRs). Sometimes they also lump in SCOTUS (with Alice). It's laughable and we already wrote some rebuttals to their arguments, which are worse than shallow. They rely on no concrete evidence, as we shall explain in a moment.



"...the patent microcosm blames everything negative in the US (decline in rankings pertaining to science) on AIA, which is responsible for PTAB (and thus IPRs)."The High Tech Inventors Alliance, a front group for several large technology companies, defends PTAB. "Data contradicts the claims made by some that #patent reform has harmed innovation," it wrote a few days ago. "Since the introduction of the IPR review process and the Supreme Courts Alice decision, innovation in the United States is flourishing."

This is empirically true. Here is the corresponding article from John Thorne, who describes himself as "general counsel of the High Tech Inventors Alliance, a coalition of top technology companies supporting balanced patent policy and collectively holding more than 115,000 patents."

From the article:

On Friday, a group claiming to represent the nation’s small inventors will demonstrate at the Patent and Trademark Office (PTO) building. They will call for an end to the PTO’s Inter Partes Review (IPR) process, a procedure for taking a second look at the validity of patents. Some of the speakers will be genuine small inventors. But behind those little guys will be the big dollars of the biggest big-guy exploiters of the PTO’s missteps and mistakes.

[...]

The IPR was established in the 2011 bipartisan America Invents Act to restore integrity to what had become a too-often-broken patent system. The Act’s goal was to improve patent quality. It established an inexpensive, easy-to-access route for challenging patents that should never have been granted. The cost and slowness of always going to court had made appeal of bad patents too unreliable. The IPR was to fix that. Today, six years later, it is clear that it has worked.

Consider these facts. Almost 70 percent of this year’s challenged patents are in “high tech,” that is software, hardware and networking technologies. High tech is widely acknowledged to suffer from patent quality problems.

Then, too, a majority of those challenged high tech patents are owned by what are called “non-practicing entities,” otherwise known as patent trolls. These are companies that do not actually try to take patented ideas to market. They may acquire unused patents or they may patent general or obvious ideas — like the basic credit card and podcast patents that I mentioned — and use them to shakedown those who inadvertently stumbled into their unjustifiably patented territory, patent traps.


Josh Landau from CCIA (another front group for a lot of technology companies, both large and small) is rebutting the common lie told by the patent microcosm -- that lack of patents on software harms investment. Innovation and patents are very different things, so he says that "Innovation Is Alive And Well". From his post:

Innovation can come from anywhere—large established companies, individuals, and of course, small startup businesses. The innovation from startups can ultimately create new established companies. Many of today’s household names—Amazon, Google, Facebook, Intel—started out as a couple of founders and one innovative idea. So, if we want to see if innovation remains an important part of the American economy, looking at startup activity is a good place to—if you’ll pardon the pun—start.


We too wrote some articles to that effect. Facebook, which is probably the highest-profile member of the High Tech Inventors Alliance, has just been hit by another patent lawsuit (these are software patents and should be thrown out by the courts). Facebook too can be aggressive with patents at times, but it does not rely on litigation to operate. People are better off when technology companies work on various technologies rather than hiring lawyers and arguing in courts.

"They want people to think of everything in the US in terms of patents. They just see "patents" in everything."Now, linking to Watchtroll, the "Innovation Alliance" (just a front group not for innovation but 'patentism') says "AUTM finds 37% of #highered startups are failing. What’s behind this “ominous trend”? The weakening U.S. #patent system."

This is nonsense. It's already debunked above. It's not a study. It's propaganda and it's commissioned by those from the religion of 'patentism'. They want people to think of everything in the US in terms of patents. They just see "patents" in everything. We wrote about it last weekend.

"Biggest surprise from yesterday's @uspto PPAC meeting," IAM wrote, "was acting head Matal's disclosure that #patent filings in the US are up 5.4% y-o-y in first 3 months of current fiscal year. Sounds like no one was expecting it..."

"Where is the actual evidence that it's declining? Filings are at record highs, technology companies are pleased with the status quo, so who is it that's complaining? The litigation 'industry', including patent trolls."We wrote about that meeting (Patent Public Advisory Committee) just now in relation to David Ruschke; I responded to IAM by saying: "Where are the maximalists who always moan that AIA damages the US patent system?"

They claim that patents are being crushed, but that clearly isn't the case, is it? At the same time IAM released this article titled "If we fail to protect intellectual property, we destroy innovation" (again, the same old drama/alarmism about "innovation" being "destroyed").

So-called 'IP' (e.g. patents or trademarks/copyrights etc.) is not about innovation but about protectionism. But let's pretend it's really all about innovation. Where is the actual evidence that it's declining? Filings are at record highs, technology companies are pleased with the status quo, so who is it that's complaining? The litigation 'industry', including patent trolls.

Recent Techrights' Posts

IBM Red Hat on "era of cloud computing", pushing "hey hi" (AI) hype in Microsoft Azure
LLM slop might actually be more benign than Microsoft promotion
Corruption and Rule-Breaking Prevail at the European Patent Office (EPO), Europe's Second-Largest Institution
The law does not really exist at the EPO; it can be perceived as merely a "recommendation"
404 Media Says "Workers at NASA Told to Drop Everything to Scrub Mentions of Indigenous People, Women from Its Websites" But There's Also Accessibility in the Firing Line
In the case of abandoning accessibility, everyone stands to be hurt and proprietary software can be brought in to replace standards
Just Because People on Top of the Microsoft Pyramid Made a Lot of Money Doesn't Mean Microsoft is Wealthy
The bigger they are the harder they fall
 
Ubuntu Desktop Director of Engineering Has Only One Blog Post. It Promotes Microsoft Windows.
Remember that even 15 years ago (more or less, maybe 16 years ago) Canonical appointed a a 'former' Microsoft manager (Spencer) to lead Ubuntu on the desktop
statCounter: More Countries Where Windows is Around 1% "Market Share" (People Have Moved to Android/Linux)
in some nations Windows is already 1% or less
When BetaNews Writes Real Articles About "Linux" They Promote Windows
The Web is in a bad state. We need to at least try to correct this.
Gemini Links 06/02/2025: Cynicism and "Real Magic on the C64"
Links for the day
Links 06/02/2025: New Sanctions, Layoffs, and Executive Orders
Links for the day
Distros and Desktop Environments, Devices
GNU/Linux focused
New Rumours of IBM Layoffs in 2025, IBM Consulting Still Struggles, Based on Management
"Hey hi" (AI) has been a common excuse for business failure
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 05, 2025
IRC logs for Wednesday, February 05, 2025
Links 05/02/2025: Kessler Syndrome and News Online
Links for the day
statCounter: Monaco Now 7% GNU/Linux ("Proper")
GNU/Linux, not counting Chromebooks, is on the rise
Many Parts of Google Lose Money
It's quite apparent that many parts of Google - even some that rely on ad revenue or push ads - aren't profiting
European Internet Forum (EIF) is Dominated by American Corporations and Microsoft Lobbyists, Staff Take the Lead
Should the officials over here or the European Parliament pay attention to these people?
Links 05/02/2025: Connection without Connectivity and Unionised Grocery Workers
Links for the day
Gemini Links 05/02/2025: Learning, Madman Ruling a Mad Country, Back in Geminispace
Links for the day
statCounter Shows "WIntel" Chasing a Dying Market
Microsoft acts as if it's running out of money
Free Software Foundation, Inc. (FSF) Still Raising Money, Richard Stallman Contributes
total exceeding $430k
A Lot of Stuff About "Linux" in Google News is LLM Slop, Fake 'Articles'
It seems to be getting worse
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 04, 2025
IRC logs for Tuesday, February 04, 2025
'Official' Debian Sites That Sell Proprietary and Surveillance
"Azure API throttling strikes back"
statCounter: Only 1 in ~40 Web Users in Ireland Uses Microsoft Browser, One in Six Uses Windows
When/if Windows market share goes down, so will Edge
Links 04/02/2025: Social Control Media Bans and US Fighting Its Allies, Not Russia
Links for the day
Links 04/02/2025: Birth of a Calf, FOSDEM, and More
Links for the day
Anti-Linux FUD Sites cybersecuritynews.com and gbhackers.com Turn Out to be LLM Slop, Even Plagiarism That Spreads Lies
Beware false headlines and fake text from cybersecuritynews.com and gbhackers.com
BetaNews Began Removing LLM Slop About "Linux", But More of It Keeps Coming From Guardian Digital, Inc (at linuxsecurity.com)
the other Serial Slopper, Guardian Digital, Inc
Mollamby, Suicide Cluster, not trademark, the real reasons for Debian legal expenses, evidence
Reprinted with permission from Daniel Pocock
Links 04/02/2025: Mass Layoffs at Salesforce, Economic Pressures, Trade Wars
Links for the day
The Latest Microsoft Layoffs Are a Wake-up Call: The Company is Running Low on Money
in most areas it is not even profitable
[Video] Richard Stallman Auctioning a GNU (Gnu) at Surathkal, India
clip is only a minute-long
Software Freedom Month at NITK Surathkal and Yesterday's Talk by Richard Stallman
the message being spread by the person who started it all
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talk in Recent Days
In the past month he has given at least half a dozen talks
statCounter: GNU/Linux and ChromeOS Now Measured at 2.78% in Japan (It Used to be Less Than 0.5%)
really 'took off' half a decade ago
GNU/Linux Reaches All-Time High in the United States, Based on statCounter
Windows is the loser; GNU/Linux grows at its expense
LLM Hype (Chatbots Hyped and Wrongly Characterised as "Artificial Intelligence") Cause Net Inflation
Net as in Internet, not limited to the Web
It Looks Like BetaNews' Managing Editor Wayne Williams is Taking Over From Fagioli After Repeat Pattern of LLM Slop (State-of-the-Art Plagiarism) About "Linux"
The most plausible explanation is, Fagioli got caught or his conduct could no longer be ignored
statCounter Reckons Less Than 10% in Mexico Still Use Windows to Access to Web and GNU/Linux Surges to All-Time High (Plus, Microsoft's Latest Debt Crisis)
Looking at Mexico in isolation
From India to Italy: Richard Stallman's Next Talk is Next Week in Torino
Announced less than a day ago
Corporate Media is Intentionally Lying for Microsoft, There's Now a Hiring Freeze, No Replacements for Workers Laid Off in Two Mass Layoffs Last Month
Maybe the media - at least some of it - actually deserves doom. If it covers up for the powerful to muzzle and gaslight the oppressed, then what sort of media is that anyway?
Gemini Links 04/02/2025: Tolkien and New Job
Links for the day
Covering EPO Scandals in an Age of Mass Censorship (and Europe Being Afraid to Introspect, for It Might "Help Putin")
It was all along expected that "external enemies" would be invoked to suppress discussion about EPO crimes
Facebook Finally Admits That It Censored Linux and Banned People for Mentioning It; statCounter Shows Rapid Growth for GNU/Linux in Southeast Asia
So GAFAM is losing its power
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 03, 2025
IRC logs for Monday, February 03, 2025