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

Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
 
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026
[Video] "New RMS [Richard Stallman] Positive Media" Reaches Millions of Viewers This Week
Assuming 5+ million people will watch this on the first week, that's good publicity for the Free software movement
Another Quiet Slop Day Passes By
the number of slopfarms we can locate/track is fast decreasing
Gemini Links 26/02/2026: Sending a Thesis and Lupa/Onion ("Lupa now lists Gemini .onion addresses")
Links for the day
Links 26/02/2026: Bcachefs Man Bonkers, "Seven Journalists Convicted for Taking Photos at Courtroom"
Links for the day
Links 26/02/2026: "Peak Mental Sharpness" and "The Whole Economy Pays the Amazon Tax"
Links for the day
If You Value Privacy, Follow the Likes of Eben Moglen, Phil Zimmermann, and Richard Stallman, Not Back Doors' Boosters Who Mislabel Themselves as Security Experts
Signal is not really secure
"Community" Site Deleted by Jeffrey Epstein-Connected 'Linux' Foundation Had Interview Where Eben Moglen Spoke of GPLv3 and of DRM, Back Doors Etc.
Deleting what happened or what was said two decades ago
Richard Stallman (Free Software Foundation) and Eben Moglen (Columbia Law School) Explained 25 Years Ago That Proprietary Software (and Proprietary Firmware) Would Lead to Back Doors
a fortnight after the 9/11 terror attacks in the US
Writer's Block is Not a Problem to Us, Only a Lack of Time
Or timewasting by aggressive militants who try to silence us [...] People who experience writer's block very often find it depressing (it feels unproductive) and sometimes come to the conclusion that perhaps writing isn't for them
Giving to the Community Versus Taking From the Community (or Worse, Attacking the Community)
some people bring no contributions, only harm
LLM Slop Will Try to 'Rewrite' History of UNIX and GNU/Linux
We occasionally see slopfarms spreading misinformation about UNIX, GNU, and Linux
March Plans for Techrights
next month we plan to start the series about how the SRA failed
Where Does the Solicitors Regulation Authority (SRA) Stand on Machine-Generated Legal Documents and Copy-pasting One Client's Lawsuit to Start Another (for American Serial Strangler)?
Now that many law firms cheat (copypasta, paper DOoS, LLM slop, breaches of rules, even defaming the other side) the SRA cannot keep up
Of Course Android is Not Free Software
That Android is not about freedom should not be so shocking
Talking About Blackboxes
Having just reposted a couple of articles from Alex Oliva
Microsoft Slop is Already Killing XBox
Microsoft will fail at alleviating such concerns
Two Weeks Have Passed and It Looks Like Conde Nast's Ars Sloppica Sacked "Senior" "AI" "Reporter" Benj Edwards But Did Not Remove All His LLM-Produced 'Articles'
the editorial standards at Conde Nast's Ars Sloppica are a joke
Alex Oliva (GNU Linux-Libre): Stricter is Less Popular
Reprinted with permission from Alex Oliva
Fraud and Crimes at Microsoft
A lot of these American companies simply cheat and even bribe
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 25, 2026
IRC logs for Wednesday, February 25, 2026
FSF's Alex Oliva on Hardware Black Boxes
Reprinted with permission from Alex Oliva
What Microsoft Hides Underneath
In recent years a lot of this shell game was played via "Open" "AI" [sic]
A Lot of Slopfarms Died, Google News Feeds the Few Which Survived and Still Target "Linux"
Many just simply died
Links 25/02/2026: Fifth Year of War in Ukraine, Dihydroxyacetone Man Looking to Start More Wars
Links for the day
Gemini Links 25/02/2026: Retired a Year, Illness, Losing a Lung, and "Back to Gemini"
Links for the day
The Register MS Published a Ponzi Scheme-Boosting Fake Article This Morning. It Mentions "AI" 30 Times.
Will credibility be left after the bubble pops entirely?
They Try to Ruin Linux, Too ("Attestation" in GNU/Linux)
In the context of Web browsers, this isn't unprecedented and we wrote a lot about it
Mozzarella Company: All Our Cheese Comes With Mold Now, But You Can Ask the Seller to Remove the Mold
If you reject and oppose slop, do not download/use Firefox
Stallman Was Right About Back Doors
I had some conversations with Dr. Stallman about security and back doors
Australian Signals Directorate ex-employee sold back doors to Russia
Reprinted with permission from Daniel Pocock
IBM Debt-Loading and Liability (Toxic Asset) Offloading
One can hope that IBM will be subjected to the same attention Kyndryl received, but this boils down to politics
Links 25/02/2026: 'Hybrid Warfare' and "Boycott the State of the Union"
Links for the day
IBM (and Red Hat) Can Disappear in the Coming Years, Along With Kyndryl (Debt Twice as Big as Its 'Worth')
No wonder Red Hat workers tell us they hate IBM
Software Freedom is Science, But It Also Sustains Life
In some sense, Software Freedom can be explained in the context of nourishing people
“Xbox, like a lot of businesses that aren’t the core AI business, is being sunsetted."
There has been a lot of narrative control lately, including at 9PM on a Friday
3,300 Capsules Known to Lupa and Currently Accessible
Gemini Protocol turns 7 this summer
When it Comes to Firmware, the FSF and Its Founder RMS Won the Argument (But Not the Fight, Yet)
The "whataboutism" tactics are physiological manipulation means of discouraging those who move in the correct direction
Austria Tackles Digital Weapon Disguised as "Social" and/or "Media"
Are we seeing the end days of Social Control Media?
Nothing Over the Horizon for XBox
XBox is not even being sold in many places anymore
Solicitors Regulation Authority (SRA) Contradicting Itself: You Can Use Slop to Cheat Clients, But You Can Also Face Disciplinary Actions Over Slop
Where does the SRA stand on the matter?
In Praise of Eben Moglen
Hopefully Professor Moglen will be with us for many decades to come and become an active speaker on issues such as Software Freedom
Sunsetting IBM (for the Benefit of Few Corrupt Officials and Wall Street Speculators)
IBM will not (and cannot) survive for much longer [...] The issue is bad leadership, not any particular nationality/race
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 24, 2026
IRC logs for Tuesday, February 24, 2026
Gemini Links 25/02/2026: Rise of Solar in 2025 and Smallnet Protocols
Links for the day