Bonum Certa Men Certa

The USPTO Has a Nepotism and Lobbying Problem That Jeopardises the Rationality of US Patent Law

The Office is now being run, almost literally, by the patent microcosm (Andrei Iancu)

Washington sights



Summary: The influence games of Washington are spilling over to the US patent office and poisoning/harming its ability to conduct professional operations without corporate influence (from either side, both corporations and law firms)

THE USPTO has a big -- and growing -- problem in its hands. It's nowhere as severe as EPO scandals, but it could potentially develop over time. There is almost one single issue we habitually criticise the USPTO for and it's to do with former officials, several of whom seem to have become lobbyists, typically for the patent microcosm. Lobbying is quite an epidemic in Washington (DC); it's renowned if not notorious for it. There are no effective restrictions on such behaviour/operations because it's "big business" in DC.

"There are no effective restrictions on such behaviour/operations because it's "big business" in DC."Lobbyist David Kappos keeps meddling, this time in a largely Microsoft-sponsored (Kappos' sponsor also) think tank, Fordham IP. Why does the USPTO not intervene? Do they even understand how terrible this looks? He came from IBM and now he lobbies again for IBM among others like Microsoft. He uses his connections (which he acquired during his time as USPTO Director) to steer agenda. Watch last night's article (titled "US intellectual property in the age of Trump") which says:

President Trump has already made his mark by appointing a USPTO director and taking a stand against China. Panellists [sic] at the Fordham IP Conference, including David Kappos and James Pooley, assessed the impact Trump could have on IP


Pooley isn't too bad (we wrote about him in the past), but what on Earth does Kappos do there? Panelist?

"He might be ready to do some damage (to patent reform)."Thankfully, for a number of years Kappos was replaced by Michelle Lee, who helped clean up the mess. But she didn't last long. Now there's a new boss (after a temporary one, Matal) and the mask fell off some time earlier this week. He might be ready to do some damage (to patent reform).

Baker Donelson's Micheline Kelly Johnson, in a sponsored self-promotional piece (published at IAM today), comments on an older talk by Iancu in which he mentioned Section 101. At the time he said nothing too threatening to patent reform. Earlier this week, however, his tune changed somewhat. He adapted to a rather extreme audience. Michael Loney, who is based in New York and edits a patent maximalists' site, wrote this: "Andrei Iancu has declared “we must change the dialogue surrounding patents”, and revealed the USPTO is looking to simplify the eligibility determination for its examiners and assessing PTAB issues such as how proceedings are instituted [...] USPTO director Andrei Iancu yesterday gave a strident speech at the US Chamber of Commerce Patent Policy Conference, acknowledging criticism of the patent system and stressing the need to improve the accuracy of patent grants."

"He came from a firm that had worked for Trump."Dennis Crouch wrote about it some hours ago. "USPTO Director Andrei Iancu gave the keynote address at the April 11, 2018 Patent Policy Conference hosted by the U.S. Chamber of Commerce," he said. Well, that's what happens when the Trump-appointed 'head of patents' takes guidance from lobbyists and extremists of the U.S. Chamber of Commerce and AIPLA. He came from a firm that had worked for Trump.

Watchtroll (Gene Quinn) wrote about this with excitement. The headline is preceded by "BREAKING:" (yes, all CAPS!). A USPTO Director went to think tanks' events lately (U.S. Chamber of Commerce and AIPLA, soon IAM too), so Watchtroll is now quote-mining for him. He's hoping this will help derail the patent reform. “We are at an inflection point with respect to the patent system itself. As a nation, we cannot continue down the same path if we want to maintain our global economic leadership. And we will not continue down the same path,” Iancu is quoted as saying. There's a full transcript.

"The government-to-lobbying (or vice versa) pipeline is a highly disturbing one, but it's not uniquely American."It's worth noting that Watchtroll has also just quoted the lobbyist-turned-official Makan Delrahim, trying to twist some words for the maximalists' agenda. “While I believe in a very restrained approach to antitrust enforcement when it comes to the legitimate exploitation of valid IP rights, the Division will not hesitate to enforce against anticompetitive collusive conduct,” Delrahim is quoted as saying.

The government-to-lobbying (or vice versa) pipeline is a highly disturbing one, but it's not uniquely American. The USPTO might want to do something about that, but currently its boss may be part of the problem; his firm had worked for Trump before Trump nominated him for this position.

Recent Techrights' Posts

British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
 
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock
Links 15/03/2026: WB Games Montréal Undergoes Layoffs, "Swiss Reject Cuts to Public Broadcasting"
Links for the day
Gemini Links 15/03/2026: Messages in Bottles and Audio Streaming in Lagrange for Android
Links for the day
Microsofters' SLAPP Censorship - Part 13 Out of 200: Abuse of Process to Make False Accusations of UKGDPR Violations
familiar barrister and same lawyers
Thrown Under the Microsoft Bus
Microsoft wants disposable contractors
Quitting IBM and "Rumors of an Upcoming RA [Mass Layoffs] in April 2026"
Blue layoffs or "RAs" were confirmed upfront by the CFO
GNU/Linux Distro Builders Barely Paid Enough to Pay Basic Bills, Chief of "Linux" Foundation (Not Even Using Linux!) Increases His Own Salary by Over 50% in 5 Years
Salaries or compensation correlate with the ability to exploit people, not to create things
What Puts the Brakes on GNU/Linux Adoption on Laptops and Desktops is Monopoly Control (or Monoculture) Over the Distros
Distros that adopt systemd are controlled by IBM and GAFAM
The "Zero-Sum" Fallacy
Fallacies like "zero-sum" - especially in the context of foreign affairs including war - are utterly ruinous
A Happy Birthday to Richard Stallman
Richard Stallman will turn 73
Jürgen Habermas is Dead, But the Politicised, Inherently Corrupt, Corporatised Court for Patents That He Inspired Is Not
In the news throughout the weekend
Mountains of Abuses of Process by Brett Wilson LLP on Behalf of Americans and Sometimes at the Expense of British Taxpayers
a virtual "limited liability"
linuxteck.com FUD by LLM Slop, ubuntupit.com Passes the Slop Baton
Unless they get back to doing long-form authentic articles, as opposed to slop, no good will come out of it
Links 15/03/2026: New Shortages, Lynx Populations Depletion
Links for the day
Sruthi Chandran & Debian Diversity, Favoritism, Hidden Conflicts of Interest
Reprinted with permission from Daniel Pocock
software in the public domain
Reprinted with permission from Alex Oliva
Links 15/03/2026: Slop "Bubble Driving Interest in Chip Alternatives" and Wildlife Erosion Reported
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 14, 2026
IRC logs for Saturday, March 14, 2026