Bonum Certa Men Certa

Patent Maximalists Step Things Up With Director Andrei Iancu and It's Time for Scientists to Fight Back

Lab



Summary: Science and technology don't seem to matter as much as the whims of the patent (litigation) 'industry', at least judging by recent actions taken by Andrei Iancu (following a hearing before the Senate Judiciary Committee)

THE patent trolls' lobby, IAM, will soon have the USPTO Director (Iancu) as a keynote speaker. This is a bad sign. He'll be speaking alongside corrupt Battistelli from the EPO. Are officials from major patent offices just 'tools' of the patent 'industry' rather than the real industry? It was a lot better when the USPTO was run by Michelle Lee and the EPO by Professor Alain Pompidou. People with background in science are essential in order for patent offices to serve science and technology, not law firms.



"Are officials from major patent offices just 'tools' of the patent 'industry' rather than the real industry?"

It's no secret that patents can be a massive waste of money. Case of point: Snapchat. Even IAM has just admitted it in "Snapchat’s failed gamble on AR" and to quote key parts:

Snapchat has millions in R&D spend and maintenance costs tied up in a US patent focussed on augmented reality and another AR patent in Korea (both in the same family). But, as reported in The Motley Fool, the company has a troubled history with optics-focussed innovation. In 2017, “It wrote down $40 million in inventory-related charges… laid off hardware workers and shook up management,” after the initial glitter of its spectacles began to fade.

[...]

And of the companies on this list, only Microsoft, Samsung and LG have drastically accelerated patent filings in recent years—indicating a growing commercial commitment to AR technologies and IP. This makes them more interesting candidates.


Notice Microsoft's role in there; Microsoft is a major feeder of patent trolls and it is blackmailing -- both directly and indirectly -- many of its competitors. As it turns out, based on this news from yesterday, Microsoft's super-close partner (Citrix) now uses software patents to squash/destroy a smaller rival. From the first article we saw about it (this mentions Microsoft also):

Software giant Citrix has filed a lawsuit against small-time collaborative cloud platform Workspot over claims of patent infringement and false advertising.

The reason behind the lawsuit is down to what Citrix is calling "Workspot's intentional inclusion in their VDI platform of proprietary features", which are protected by at least four of its patents.

Citrix believes that these patented features are core to its XenApp and XenDesktop products and are therefore important differentiators for the company, which is why it's so keen to protect them.

[...]

"Our foundational innovations in application virtualisation and remoting protocols date back to the early ‘90s, are still at the core of our XenApp and XenDesktop products and cloud services today, and were even licensed to Microsoft in the second-half of the ‘90s to form the basis of their remote desktop protocol."

These two cloud products are said to be protected by more than 3,500 issued and pending patents, so it's no wonder Citrix has some patents ready and waiting to be infringed.

Citrix took the time and effort to explain in its post that the lawsuit isn't just about the money, asserting that it has always welcomed competition.


Qudus Olaniran‏, an attorney from Microsoft, has just said that the US "PTO chief's opinion on patentability of algorithm bodes well for AI" (he cites Watchtroll, the patent trolls' favourite). I told him that "AI" is just a buzzword for algorithms that do something more clever than, say, rendering a UI. So it's about software patents, to which SCOTUS has said "no" already.

Looking a little deeper, Monday was actually full of such nonsense. One patents-centric news sites propped up the inane "AI" hype (again in relation to patents on algorithms). To quote:

The US must embrace the AI revolution, or its global lead in intellectual property will be lost in time, like tears in rain

Artificial intelligence (AI) sounds cool. When you look at the breadth of fiction attached to the technology, you might consider it the impossible—the fantasies of authors and writers around the globe. It is this air that gives it its identity and its mystique. But AI is very much here, and with that, comes a particularly unique set of problems.


This is all fluff, marketing, and spin. "Artificial intelligence (AI)" is nothing new, so to say things like "US must embrace the AI revolution" is to suggest the writer follows marketing rather than underlying knowledge. The EPO too appears to have embraced this term; in fact, later this week we'll show how "AI" gets used as "sheep clothing" for software patent "wolves".

"The hearing was full of nonsense from politicians who don't know what "AI" is, either."Much of this "AI" nonsense can be traced back to last week's hearing with Iancu, the USPTO's chief who comes from a law firm and isn't quite so technical. The hearing was full of nonsense from politicians who don't know what "AI" is, either. They probably just heard that term quite a lot in the mainstream media.

The High Tech Inventors Alliance (HTIA), which represents technology firms, issued a statement about it. John Thorne (HTIA's chief) had this to say:

“HTIA supports Director Iancu’s efforts to enhance innovation through a strong, reliable, and predictable patent ecosystem. Certainly a system that supports innovation through ensuring patent quality is one that everyone can support, and the Inter Partes Review (IPR) process accomplishes just that.

“IPR has achieved Congress’s goal for the AIA of improving patent quality and restoring public confidence in the patent system, which had eroded due to bad quality patents that were harming innovation.

“Supreme Court decisions striking down abstract patents have benefited innovation. HTIA looks forward to working with Director Iancu and providing guidance in this critical area regarding the best way to increase the predictability of the patent granting process. However, legislation stripping the vitality of Section 101 is unnecessary and would be harmful to innovation by creating higher levels of uncertainty.”

The High Tech Inventors Alliance is comprised of eight technology companies: Adobe, Amazon, Cisco, Dell, Google, Intel, Oracle and Salesforce. These companies have over 447,000 employees in the United States, have invested $62.9 billion in research and development in the past year, and hold a total of over 115,000 U.S. patents.


“Supreme Court decisions striking down abstract patents have benefited innovation," Thorne noted. He was right to say that.

"Will Iancu fall in line with these extremists? He might. This is why we worried about his nomination and appointment all along."HTIA, Engine, CCIA, EFF and so on are sadly outnumbered. The patent law firms have a larger lobbying brigade. A few people like Thorne (maybe half a dozen people in total) are no match for AIPLA, which has just said: "The USPTO issued a request for comment concerning its subject matter eligibility guidance..."

We wrote about that last week.

Not only front groups like AIPLA are intervening; Foley & Lardner LLP (large law firm) has just published "USPTO Issues Patent Eligibility Examination Guidance Under Berkheimer" and it's another example of 'pulling a Berkheimer' (they even came up with the buzz/sound bite "Berkheimer Effect"). To quote:

As announced in a Federal Register Notice dated April 20, 2018, the USPTO has issued a new memorandum to the Examining Corps providing supplemental patent eligibility examination guidance under Berkheimer, a Federal Circuit decision that addressed the evidentiary requirements for establishing that something is “well-understood, routine, or conventional.”


Watch what vocal patent extremists are saying. One of them has just said: "Gossip from the USPTO: One Examiner Speculated in a Phone Call today, "[Section] 101 is gone in about a month;" Another Examiner Commneted [sic], "I think the pendulum will swing 2/3 back.""

Sounds incredibly unlikely, but that's just what patent extremists are claiming. They claim what they want. Another extremist responded with: "[Section] 101 will only go away once it becomes more work than [Sections] 102/103, and we are still a long ways off from that.... the new Berkheimer memo is just going to add another form paragraph to the rejection..."

All that really happens isn't much; the USPTO just seeks comments about Section 101, that is all.

One can count on patent extremists to make it sound Earth-shattering and Dennis Crouch has in fact resumed his cheerleaders for patent maximalism. He wants Iancu to make software patents easier to pursue, so less than a day ago he published yet another post to say:

Director Iancu has made clear that the current state of patent eligibility jurisprudence is untenable. Examiners need clear guidance — something he and I both see as lacking in the Supreme Court jurisprudence. In addition to being ambiguous, we also share the perspective that the Alice/Mayo test unduly restricts the scope of eligible subject matter. The PTO’s action here involves several fronts: (1) issuing guidance that is as-clear-as-possible for examiners and applicants; (2) working with Congress to legislatively broaden eligibility scope; (3) using the PTO’s to push public sentiment toward supporting strong and broad patent rights (when an underlying invention truly exists).

On the first front, the USPTO has: (1) issued a new “Berkheimer memorandum” focusing on the Federal Circuit’s holding in Berkheimer that”[w]hether something is well-understood, routine, and conventional to a skilled artisan at the time of the patent is a factual determination;” and (2) issued a Request for Public Comment on USPTO “subject matter eligibility guidance, and particularly … guidance in the Berkheimer memorandum to the Patent Examining Corps.”


This “Berkheimer memorandum” isn't much; moreover, it's (Berkheimer) not from the Supreme Court. Here comes another patent extremist, this one from IAM (Richard Lloyd is their most extreme writer/lobbyist). He calls patent trolling "monetisation market" and joins the patent bullies in pressuring Iancu, urging him to become a patent zealot like they are. To quote:

Since Andrei Iancu took over as USPTO Director in February it has been hard to fault his engagement with the user community. As well as sitting down with IAM just a few weeks into his tenure (he is the cover star of our latest issue), he has been a regular on the conference circuit, outlining his vision for the agency and the US patent system in general, reassuring patent owners that he wants to strengthen the predictability of their rights and championing the power of patented inventions as a driver of the US economy.


Lloyd (IAM) already lobbied Iancu in person a month ago, inciting him against PTAB. IAM already tried to put in charge of the USPTO a widely-disgraced person who calls PTAB "death squads" (very offensive term).

Will Iancu fall in line with these extremists? He might. This is why we worried about his nomination and appointment all along.

Recent Techrights' Posts

Universities Became Bad Places for Work
What happened to academia?
Microsofters' SLAPP Censorship - Part 11 Out of 200: Cannot Censor His Spouse, Accusations Are Repeated Today
He already has a history of threatening to sue gay people in America; he cannot take criticism too well
"Alternative to Microsoft Office" Must Use Free/Open Standards/Formats for Real Sovereignty
It would make sense for the EU to invest in its own workers and its own software projects, more so now that there are hostile countries both to the east and to the west
 
Patriotism is Conditional, If It's Unconditional, Then It's Like a Cult
My love for Software Freedom is only as strong as my love for Freedom of the Press
Links 14/03/2026: Mass Layoffs at Facebook ('Meta') and Sweeping Layoffs at Twitter (xAI), Social Control Media and Slop Are Only Debt
Links for the day
Wrong Time, Wrong Place (Digg)
Kevin Rose and Alexis Ohanian can relaunch Digg.com, but we doubt it'll work "this time for real!"
Reporting New and Suppressed Information is What Journalism is All About
In the domain of Free software, there are very few sites out there that offer exclusive coverage on community affairs and there are many gagging/censorship attempts
The Limits of Speech and the Rationale of Limitations
it seems to be part of an international trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 13, 2026
IRC logs for Friday, March 13, 2026
Gemini Links 14/03/2026: Goodness, AD534 Multiplier Module, and Extroverts Online
Links for the day
Atlassian Corp: We're Doing Layoffs Because of "Hey Hi"; Wall Street: Atlassian Corp is Just a Failing Business
Don't ask "the media"
Price of Storage, Price of Energy... What Next?
EPO workers are going on strike because their salaries don't keep up with price increases and tech companies without connections in "the channel" face long delays, low availability, and high prices (no "bulk" purchases), which further solidifies monopolies.
Don't Forget Red Hat's RTO (Return-to-office) Layoffs
How many people still remember that Red Hat did the same thing?
Reminder: Microsoft silent Layoffs by RTO (Commute Time and Lack of Comfort/Work Satisfaction) Already in Effect This Year
It's difficult to measure how many employees have already "left on their own" due to the RTO policy
Founder of IBM Ventures Has Just Quit IBM
Some people leave IBM and many people 'leave' IBM
Signs of Impeding Mass Layoffs - Not Just Quiet Layoffs - at Microsoft
Beneath the surface there are waves of layoffs and even entire teams are let go
Career Science and Academia as Corporate Propaganda 'on Tap'
article about surveillance
Veteran GNU/Linux Journalist Jack Wallen Tries Geminispace and Likes It
It'll turn 7 some time soon
Scheduled Maintenance Tonight
There will be similar work early next week
IBM Has No Clue How to Integrate Companies Like Red Hat
IBM is failing to respect this company's culture
Fake Articles From Sites With "Linux" in Their Name/Domain Name
we can at least hope that linuxteck.com made a decision to quit slop
Links 13/03/2026: New US Weapons for Taiwan, Pakistan Air Strikes Hit Kabul
Links for the day
Gemini Links 13/03/2026: Exhaustion and Smartphone Addiction
Links for the day
Friday the 13th & Debian Developers afraid to nominate in DPL elections
Reprinted with permission from Daniel Pocock
Links 13/03/2026: Chatbot "Pentagon Contract" (Bailout) and Secret Service Ditches Slop Pusher
Links for the day
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day