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

Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
 
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline
Techrights at 19.5 (We Started in 2006, Days After the Microsoft/Novell Deal)
When Novell bought Ximian (run by the "best friend" of Graveley) it brought trouble to all of us, not just to Novell
In Croatia, Microsoft Windows Share Sank From 98% to All-Time Low of 67% (or 28% If One Counts Android)
statements made last week (and last month) by Microsoft's CEO confirm that Windows is rapidly losing users
SLAPP Censorship - Part 75 Out of 200: All True, All Verifiable, Unlike Garrett and Graveley Lying to at Least Three High Court Judges About What They Did
A lot of what I said a year ago not only turned out to be correct; it was moreover affirmed by Garrett after he had sworn on the Bible and put himself at risk to his liberty
The Corrupt Lecture the Non-Corrupt - Part XXI - EPO President Campinos Bribing to Buy His Seat, But Cautions Staff Against Bribery
This isn't a democratic institution
IBM Lost Nearly 33% in "Value" in 3 Months (Shares Down $100), But Nobody Held Accountable
This is a truly dysfunctional company
Gemini Links 12/05/2026: Spring Cleaning and New GemText Software
Links for the day
Links 12/05/2026: Samsung Sued by Dua Lipa (Publicity Rights), ‘Savage Love’ Copyright Infringement Lawsuit
Links for the day
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day