Bonum Certa Men Certa

Instead of Smearing the Judges of the Patent Trial and Appeal Board (PTAB) Check Why Abstract Patents Are Being Granted in the First Place

Hours ago: Do Know Evil? Then Stop Patenting Software, Google

Judges as moral reasoners - Oxford Journals - Oxford University Press
Full paper: Judges as moral reasoners - Oxford Journals - Oxford University Press [PDF]



Summary: PTAB is taking a lot of heat (albeit always from patent maximalists) for simply applying the law, which ought to have been applied by the Office at the time of examination; confidence in US patents depends on the Office's ability to discern/distinguish patentable subject matter from clearly unpatentable subject matter

The Patent Trial and Appeal Board (PTAB) has made a few headlines this past week. Michael Loney, who is based in New York, took note of some precedential decisions:

The PTAB has de-designated Idle Free and Master Image in response to Aqua Products. Fiscal year 2018's first half set a motion to amend record for two consecutive quarters

The Patent Trial and Appeal Board (PTAB) has de-designated as precedential MasterImage 3D v RealD, Case IPR2015-00040 (PTAB July 15, 2015) (Paper 42) and has de-designated as informative Idle Free Sys v Bergstrom, Case IPR2012-00027 (June 11, 2013) (Paper 26).


Much of the coverage about PTAB, however, has been hostile. As expected, it came from longtime PTAB bashers and anti-PTAB sites. Those sites have a proven disdain for patent quality. Rather than ignore those sites we'd like to quickly respond to these.

Referring to a case from the first of June, Watchtroll now cherry-picks one of those rare cases where the Federal Circuit either overrules or vacates/remands after PTAB declares some patent/s to be invalid. Deception by omission in the patent trolls' lobby? Well, this was done again yesterday. Watchtroll himself (Quinn) said: "The Office taking a proactive approach to reviewing cases on appeal to the Federal Circuit is good news for applicants facing Alice based 101 rejections. Obviously, now is not the time to allow those cases to go abandoned if they remain commercially relevant."

"Watchtroll's goal has always been to 'scandalise' the PTAB, trying to make it seems like it is making errors (in judgment) all the time when in fact it is getting things right -- as measured by affirmations higher up -- almost all the time."Writing about patents in an entirely different domain, Watchtroll found an example of a patent's validity being upheld, but readers must bear in mind that all the above are the exceptions rather than the norm. Watchtroll's goal has always been to 'scandalise' the PTAB, trying to make it seems like it is making errors (in judgment) all the time when in fact it is getting things right -- as measured by affirmations higher up -- almost all the time. It's not just Watchtroll by the way but also sites that have sunk to similarly low levels (a climate of jurist bashing and vicious personal attacks), even Patently-O. Some hours ago Watchtroll celebrated the lobbyist in chief, Makan Delrahim.

Writing about Andrew Hirshfeld, who nearly became a Director of the USPTO (based on rumours at one time), Stephen C. Glazier (Partner at Akerman LLP) relayed this "webinar" nonsense, organised by patent maximalists to better suit their agenda. Glazier uses Patently-O as his platform and speaks of "Increasing Certainty in US Patent Law," which should not be a problem at all. If one cares about certainty, then one should instruct examiners to stop granting abstract patents altogether. Here's what Hirshfeld is said to have said:

On April 26, 2018 the U.S. Patent Commissioner, Andrew Hirshfeld, spoke at our webinar regarding current developments at the U.S. Patent Office. [Link Below]

A major theme of Commissioner Hirshfeld’s remarks was the PTO’s revived focus on increasing reliability, certainty, and enforceability of issued patents and the application process. The underlying goal here is to further increase the value of patents and their beneficial impact on innovative products and businesses.

The Commissioner stated that a first step toward this policy goal will be pursued by new PTO guidance to Examiners and the applicants regarding the application of the Alice-Mayo test for patent subject matter eligibility under Section 101. Other possible PTO guidance is also being considered on various current issues.


Anticipat, which is trying to make money out of PTAB bashing, has stepped in to also mention "predictability". "The recent memos offer some hope that USPTO will continue to improve the predictability of applying Section 101 rejections," it said. How about just actually applying Section 101 consistently at examination time?

"...to improve the certainty/confidence (or "predictability") of patents simply stop granting patents in defiance of Alice/Section 101."The reason PTAB so often invalidates patents is simple; examiners grant patents that they should not be granting. It's easier for these people to simply attack PTAB itself, not examiners who grant in a rush. Watchtroll himself (Quinn) is back to PTAB bashing ("Structural Bias at the PTAB: No Dissent Desired"). Been a while since the last time? These patent extremists have been reduced to tribunal bashing, judge bashing, and conspiracy theories (especially about Google).

The anti-PTAB (i.e. anti-patent quality) site Anticipat continues to stalk individual USPTO examiners, pretty much with the intention of maligning good ones (strict, thorough examination). To quote:

The USPTO has a vested interest in knowing how well its patent examiners examine applications. It tracks production, efficiency and quality. Even though quality examination has always been tricky to measure, one metric comes pretty close: an examiner’s appeal track record. And while tech center directors have had access to this data, until recently this has been difficult to access. Here we explore the known gaps of how this metric is being used at the USPTO.

According to sources at the USPTO, directors–who oversee each technology center–have access to their Examiners’ appeal track records. The more an Examiner gets affirmed by the PTAB on appeal, the more reasonable the Examiner’s rejections, the theory goes. This means that directors can evaluate examiners based on how often an examiner gets affirmed.


Let's just say it again: to improve the certainty/confidence (or "predictability") of patents simply stop granting patents in defiance of Alice/Section 101. That oughtn't be so hard, right?

Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
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
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
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026