Bonum Certa Men Certa

The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

Poor assessment of patent applications can now be stopped or compensated for by the Patent Trial and Appeal Board (PTAB) and, failing that, the Court of Appeals for the Federal Circuit (CAFC)

A death squad
A "death squad" is what patent maximalists nowadays call a court (where the only casualty is a piece of paper, or a low-quality patent which US law renders invalid)



Summary: The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States

THE ideology of patent maximalism is a toxic one and it is infectious only within circles that sell, trade, and exploit patents for litigation, not innovation. It's all about financial motivations and those motivated to spread patent maximalism typically profit from mass litigation. It's their most expensive "product" or "service" as it can last several years (appeals, discovery, so-called 'damages' with a 'cut' for respective law firms).



"They don't seem to care about facts, only mythology and beliefs."Earlier this year we started habitually referring to "patent maximalism" (of the "patent microcosm") as "Cult of Patents" because it has become almost like a religion to these people. They don't seem to care about facts, only mythology and beliefs.

"A reader suggested this chart as we approach U.S. Patent No. 10,000,000," Patently-O wrote on Friday. As we said before, it's a pretty meaningless milestone from this Cult of Patents (the patent maximalists). Half a decade or so after Alice and nearly a decade after the Bilski case the Office just granted far too many patents far too fast. Look at the rate of expansion of grants; do people invent twice as many things today as they did about a decade ago? Or a hundred times more than a century ago? Or maybe it's just patent maximalism taking over, dubbing just about anything an "invention" and justifying/ permitting a monopoly on it?

"Earlier this year we started habitually referring to "patent maximalism" (of the "patent microcosm") as "Cult of Patents" because it has become almost like a religion to these people. They don't seem to care about facts, only mythology and beliefs."Juvan Bonni at Patently-O is now promoting Koch-funded patent lobbying from Adam Mossoff. These are patents-maximising boosters/nuts who promote billionaires' agenda and defend patent trolls. Bonni is also promoting ISDS for patents. Look what Patently-O is being reduced to; it's like another Watchtroll or IAM. The more their agenda gets curtailed, the more extreme they seem to become. They already call judges "death squads", so what next? "Nazis"? They then 'interview' USPTO officials like Michelle Lee, later to sort of attack them (after they had met them); the following old meme comes to mind, only in reverse (reality first, then Internet):

Internet fight



To repair the reputation of USPTO-granted patents Mr. Iancu will need to ignore lobbyists like David Kappos and work towards granting less, based on solid eligibility criteria (such as €§ 101 and beyond, taking note of Federal Circuit cases/caselaw). As the CCIA's patents person put it the other day:

Here’s another fun one from the Kappos/Sachs database: 14/118458. Rejected in the US under €§ 101. Except it’s rejected under €§ 101 because its an “e-cat” fusion claim, the modern equivalent of a perpetual motion machine. I think we can all agree that the PTO can reject those.


Timothy Au, who recently helped the EPO's tyrant Battistelli lie about patent "quality", now speaks about Delaware and East Texas. It's just the latest TC Heartland spin basically. "Delaware is now the US's number one patent litigation venue," IAM said, "but there are several reasons why it is unlikely to become the Eastern District of Texas, mark 2." That is what a "study claims," according to IAM's headline. The name of the firm/person behind this 'study' is blocked by a paywall unfortunately (likely intentional). To quote:

Research into the increase in patent suits in the District of Delaware following TC Heartland has found that the venue shift is likely to result in less litigation from patent assertion entities (PAEs), while also revealing that firms incorporated in Delaware have been impacted by the changes resulting from the Supreme Court’s landmark decision most positively. The TC Heartland ruling reinterpreted venue selection rules in the US and drastically reduced the choices a patent owner faces when deciding where to file an infringement lawsuit.


Not too long ago they boosted the likes of “4iP Council”, basically attempting to deny growth of patent trolls' activity in Europe. We've sadly entered this ugly phase where amid efforts to improve patent quality in the US, notably owing to PTAB, USPTO officials like Michelle Lee get defamed and ousted (we won't attribute that to chauvinism, but with people like Watchtroll anything is possible). In Europe, those who speak out in favour of patent quality (or proper examination) are being painted "Nazis" by Battistelli and in the US it's "death squads" (with Nazi Germany connotations).

"In Europe, those who speak out in favour of patent quality (or proper examination) are being painted "Nazis" by Battistelli and in the US it's "death squads" (with Nazi Germany connotations)."Frankly, speaking for myself, I have lost count of the number of threatening letters I've received in recent years (either death wishes or threats to sue me), but this is the kind of climate we now have in the patent world (more like a patent Hell).

In light of SAS Inst., Inc. v Iancu, another SCOTUS case among many, Huawei Technologies Co., Ltd. et al v Samsung Electronics Co., Ltd. is being revisited right now. "Institution of Claims Based on SAS Mandate May Not Simplify Issues for Trial Such That a Stay of Litigation is Warranted," Docket Navigator wrote before the weekend. To quote:

Following the PTAB’s supplemental institution decision in light of SAS Inst., Inc. v. Iancu, ___ U.S. ___, 138 S. Ct. 1348, 1352–54 (2018) instituting inter partes review of all challenged claims of the patents-in-suit, the court granted defendants’ motion to stay because the potential for simplification of issues, the stage of the litigation, and lack of prejudice to plaintiff weighed in favor of a stay.


This is PTAB's efficiency being challenged, in addition to PTAB members/staff being smeared if not defamed almost every single day. As we noted a couple of days ago, one US politician is currently trying to deny PTAB's involvement in the pharmaceutical sector (we suspect because large pharmaceutical companies 'contributed' to him). Earlier today the Illinois Biotechnology Innovation Organization (iBIO), basically a front group for such corporations (like BIO, an anti-PTAB group), advertised this upcming "discussion of how the Supreme Court’s recent to grant cert in Oil States and SAS decisions could impact PTAB invalidity proceedings in the bio/pharma space."

"They attempt to undermine -- not merely shape -- the law."Oil States actually reiforced PTAB's role, quite strongly in fact. What they hope to do is undermine PTAB's reach (bar "scams" such as Allergan's), especially for their sector. They attempt to undermine -- not merely shape -- the law.

Here we are in the middle of 2018 and it almost looks like a 'civil war' in the US; the courts are applying the law, hinged on the US Constitution, but then come a bunch of patent profiteers bashing their own country in an effort to create a state of panic, rationalising profound changes to the law. ⬆

Recent Techrights' Posts

Brigading Against Women - Part VII - 'Trolling' Courts and Legal Systems in America and in the UK (Europe) Costs a Lot to Taxpayers
They only attend hearings after being arrested
Dejan Panovski Outs linuxize.com as a Slopfarm, Another Site That Sold Out and Became LLM Garbage
From what we can gather, both images and text are slop
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DistroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DistroWatch page to make the illusion of popularity
 
Links 28/09/2026: Microsoft Chatbot "Giving Extremely Specific Advice to a School Shooter on How to Maximize Casualties", ‘Suicidal Empathy’
Links for the day
Microsoft's Attacks on Courts in the Netherlands Result in GNU/Linux Growing to About 10% There
One core issue that justified this and led to this outcome is Microsoft's interference with the administration of justice
They Create the Conditions for People to Leave, This Way They Don't Call it "Layoffs"
We keep seeing many stories like these
Gemini Links 28/09/2026: Wildfire, DOS, and Backups
Links for the day
European Patent Office (EPO) Series: The Portuguese Talent For Bureaucratic Empire Building
Portugal’s success in securing senior executive appointments at the EUIPO and the EPO is a notable example of how countries seek to strengthen their influence within European intergovernmental institutions
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 27, 2026
IRC logs for Sunday, September 27, 2026
Gemini Links 27/09/2026: Writing Well, Productivity, and a Relaunch in Geminispace
Links for the day
Making This Site More Useful to More People
Search engines (as a concept) are under attack
Exposing Crimes of Americans (From the UK)
We must ensure UK prisons are never misused to punish/silence people who expose crimes in America
Spam and Chatbot Spam in Internet Relay Chat (IRC)
Maintaining one's own IRC network requires some housekeeping, but it's simpler than outsourcing to malicious companies
Search Engine of Techrights Improved for Better Signal-to-Noise Ratio
Our growing community needs more search facilities
Microsoft: We Love Layoffs, We Do Silent Layoffs, More Microsoft Projects/Teams/Studios Confirmed to be Shutting Down
XBox is dying. Piece by piece.
Brigading Against Women - Part VI - On Garrett and Lozza, Defamation, Attempts to Crack My Wife's Accounts, Social Engineering to Try to Take Sites Offline, Subscribing Us to Mountains of SPAM
tried swatting us
Links 27/09/2026: "Provost of Dartmouth Busted Using Hey Hi (AI) Slop for His Own Writing in Newspapers and Academic Journals" and "UK Government Enforcement Reform"
Links for the day
People and Sites Wish a Happy 43th Birthday to GNU (Today)
We've collected some examples
Links 27/09/2026: Microsoft Fired People a Day After Promotion, "Fragility of Online Journalism"
Links for the day
Brigading Against Women - Part V - SWATTING, Extortion Against Webhosts, and Lawfare Under Sworn Oath (Perjury Also)
Matthew Garrett has no qualm about still collaborating with Lozza
20 Years Later
There's a strong anti-democracy movement brewing in many places
Gemini Links 27/09/2026: Telescopes/Gskyer, Writing for Writing's Sake, and Writing Tools
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 26, 2026
IRC logs for Saturday, September 26, 2026
Gemini Links 26/09/2026: Computer Cases Dreary, Web Drowning in Botspam
Links for the day
Reform UK auditor: Electoral Commission accounts, Companies House accounts, a going concern or not?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: Temporary Public Office or Permanent Personal Feather-Bed?
there are no visible signs that the Administrative Council has the slightest interest in contemplating a change in leadership at the EPO
Brigading Against Women - Part IV - Death Threats, Threats to Women, and Threats for Pointing Out, Correctly and Based on Hard Evidence, That Garrett and Lozza Talk to Each Other About Me Every Year (for 4 Years)
Brett Wilson LLP too is a toxic manosphere
More GAFAM Layoffs at Apple, Second Time in Weeks (Silent Layoffs Silently Target Older and "More Expensive" Staff)
How many layoffs happen at Apple silently and go unreported or very scarcely reported?
Gemini Links 26/09/2026: Rant About Slop Ruining Crafts (Drowning the Signal With Plagiarism) and "Going Mechanical"
Links for the day
Links 26/09/2026: Microsoft Says Notification Data Breach/Surveillance Hole There by Design, EU Rapidly Dumping Microsoft for Digital Sovereignty
Links for the day
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026