Bonum Certa Men Certa

The Anti-PTAB (Patent Quality), Anti-€§ 101 Lobby is Losing Its Mind and It Has Become Amusing to Observe

It is actually Watchtroll who should consider stepping down and maybe a career change

Watchtroll



Summary: The rants about the Patent Trial and Appeal Board (PTAB), the courts and even the law itself have reached laughable levels; this reveals that the real agenda of patent maximalists is endless litigation and their methods boil down to those of an angry mob, not legal professionals

THE REFORMS implemented at the USPTO 7 years ago (AIA), combined with a long series of Supreme Court decisions, have changed the 'attack surface' of patent lawyers. Patents are no longer presumed valid because many are not.



"Patents are no longer presumed valid because many are not."We sometimes amuse ourself trying to see what patent extremists are saying. Watching their reactions can be literally funny. Just a few hours ago Watchtroll threw another tantrum, in which the blowhard in chief quote-mined the Director of the USPTO to come up with the headline Section 101 ‘weakens the robustness of our IP system’ (attributing this to Iancu, a friendly hand).

“...we generally view him as somewhat of a caricature of the patent microcosm -- a little bit like the "Fox News" of the patent world.”Attacks like these (on Section 101, courts, PTAB and so on) aren't uncommon. They're a case of quote-mining. This is Watchtroll's style. Whether he accepts it or not (we refer to the site and the person as "Watchtroll"), we generally view him as somewhat of a caricature of the patent microcosm -- a little bit like the "Fox News" of the patent world.

Watchtroll constantly attacks PTAB, hoping that it would magically go away like Michelle Lee did (after Watchtroll had sort of endlessly bullied her). Watchtroll last attacked PTAB again about 8 hours ago. When the US Supreme Court said that it was absolutely fine with PTAB (just under a month ago in Oil States) Watchtroll characteristically attacked the judges, the courts, and just about everyone! This too isn't uncommon. Watchtroll does it all the time. It last smeared the high courts only a couple of weeks ago. It smeared the US Supreme Court only about a week ago.

Truly pathetic is the fact that Watchtroll has just, once again, boosted the 'United States' (not really) Chamber of Commerce 2018 "Global IP Index," which is misleading propaganda of the highest order, delivered/put forth to officials on behalf of patent extremists (insulting their own country in an attempt to change policy). David Wanetick actually keeps promoting this nonsense, which many patent rationalists are openly rejecting (they mock this index).

Meanwhile (also earlier today), Professor Michael Risch mentions a Koch-funded AstroTurfer (or patent trolls' mouthpiece), Adam Mossoff. It's a pseudo-scholar whose goal seems to be feeding anti-PTAB talking points to Justice Gorsuch and others (on Koch's payroll). It worked in Oil States and he publicly bragged about Gorsuch citing/quoting him in the decision. This reaffirms the view that the Koch brothers control Gorsuch by proxy, but anyway, these are the concluding words from Risch:

But much of this work is historical. Of late, as the abstract notes, it's all about the what: What inventions? What classes? What litigation? How many claims? I think people clamor for stories about innovators; I believe my most downloaded (by far) SSRN paper, Patent Troll Myths, resonated because it looked hard at the innovators - individuals to small entities to large companies. Dan Burk looks at innovators (but without data) in Do Patents Have Gender?

I'm sure there are examples I'm not thinking of, but more data and analysis in this area would be welcome. Patents exist in service to their inventors, and so it makes sense to understand who those are to better understand whether patents are achieving their goals...or even what the goals are.


Patent scholars who work for universities and not for think tanks of billionaires do understand that patent balance is needed. Patent maximalism has no place in academia. Because it's simply irrational and detached from reality...

Looking at some other sites of the patent microcosm throughout the day, we've found Michael Loney speaking about PTAB changes that are relatively minor (they already leave Oil States well behind, perhaps hoping not to draw much attention to it). Loney wrote:

Patent owners may not benefit from the proposed shift to the Phillips claim construction standard at the PTAB if it reduces the chance of a stay and leads to a less nuanced Markman construction

Patent owners [sic] have long called for the change proposed by the USPTO last week for the Patent Trial and Appeal Board (PTAB) to use the Phillips standard for claim construction. But it is questionable they would benefit much from it.


We wrote about this over the weekend. It's very much overblown. Michael Borella also wrote about the Patent Trial and Appeal Board (PTAB), namely a kind of rant about €§ 101. His opening paragraph in the PTAB-hostile Patent Docs:

The Patent Trial and Appeal Broad (PTAB) of the U.S. Patent and Trademark Office has often been criticized [by patent maximalists] for being particularly harsh when reviewing appeals of claims rejected by an examiner of grounds of patent-ineligibly under 35 U.S.C. €§ 101. According to some sources, examiners are affirmed about 80-86% of the time in these matters.[1] Therefore, when the PTAB reverses an examiner's €§ 101 rejection, it is worthwhile to note how and why.


These rates say nothing about whether that's just or unjust; if some doctor deems/detects 90% of babies as having no birth defects, does that make the doctor "harsh" or "biased"? No. That's just very irrational an argument.

The truth of the matter is, the patent microcosm refuses to accept reality and protests against it by bashing the laws, bashing the court, bashing jurists/judges and so on.

Many patents are absolutely fine. They're not abstract. Here's a new example -- in the form of today's press release -- of patents on more physical things and here's another:

Sigma Labs, Inc. (NASDAQ:SGLB) (“Sigma” or the “Company”), a provider of quality assurance software under the PrintRite3D€® brand, today announced that the Company was allowed a seminal patent entitled “Method and System for Monitoring Additive Manufacturing Processes.” The patent provides protection for methods of assuring part quality using real time data from multiple sensor types.


Manufacturing and sensors aren't the same as some silly algorithms reducible to mathematics, which is the sort of patents that PTAB regularly deals with. If the patent maximalists refuse to accept that the law was corrected and that it actually helps technology companies, then they simply aren't interested in science and technology, only litigation. Let them sob...

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
 
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
"But Corruption is Everywhere"
"We'll always have Polio..."
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025