Bonum Certa Men Certa

Some US Patents' Quality is So Low That There's a Garden Clearance/Fire Sale

Allied Security Trust (AST) is trying to offload many of them, the deadline being tomorrow

Australia and America



Summary: Rather than shoot worthless patents into orbit where they belong the Allied Security Trust (AST), collector of dubious patents [1, 2], will try to sell them to gullible opportunists and patent trolls (even if the said patents would likely perish in courts)

THE USPTO spent decades granting a lot of poor-quality patents (like those the EPO nowadays grants, due to Battistelli's policies). Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk. There are no reliable estimates of that.



"Many of these patents will never be tested in courts (the vast majority will have expired without any court action), so it will be hard to tell just what proportion of these patents is bunk."Many companies sell their patents in bulk, usually to patent trolls. Some get sold because the patents are about to expire, whereas others are sold due to a company's bankruptcy. The term "fire sale" comes to mind. As Wikipedia defines it: "A fire sale is the sale of goods at extremely discounted prices, typically when the seller faces bankruptcy. The term originated in reference to the sale of goods at a heavy discount due to fire damage. A fire sale may or may not be a closeout, the final sale of goods to zero inventory. Fire sales are said to occur in the financial markets when bidders who value assets highly are prevented from bidding on them, depressing the average selling price below what it otherwise would be. This lowering of the price can cause even further issues because it may be inaccurately perceived as signaling negative information."

"Many companies sell their patents in bulk, usually to patent trolls."The abundance of US patents isn't something to necessarily be celebrated; what really matters is how strict or lenient patent examination is; when it comes to patents, journalism or 'articles' these days are just a 'shopping list' of patents, e.g. this from RichmondBizSense: "Local patents for 7.18.18" (yesterday)

Or this one from patent propaganda sites like "Dallas Innovates"/"Dallas Invents" series: "Dallas Invents: 97 Patents Granted for Week of July 10" (this is the latest of many)

"Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like "Artificial Intelligence" and "Internet of Things" (typically software patents)."It's nothing but a copy-paste job; they make no effort to assess or explain these patents.

Worthless patents are currently being sold by a parasitic entity, AST, using buzzwords like "Artificial Intelligence" and "Internet of Things" (typically software patents). Bring in the garbage trucks. They've just advertised these [1, 2] as follows:

Artificial Intelligence / Machine Learning Augmented Reality / Virtual Reality Automotive / Transportation Services Blockchain Internet of Things / Connected Devices Smart Home Software / Web Services Wireless


The deadline is tomorrow. How many patent trolls will pick up patents in there? How many can be voided by Section 101?

Watchtroll's guest writer, Alex Poltorak, wrote on July 12th about US patent number 10 million, which is likely bunk/bogus as per Section 101. To quote:

Last month, the U.S. Patent Office issued patent number 10,000,000. This historic occasion calls for rethinking our patent system and the future of American innovation.

In the past, such an event would have been a cause for celebration, a testimony to our ingenuity. Back then, patents were valuable assets, protecting and incentivizing innovation. A valid patent gave its owner the right to stop infringers in their tracks. Unfortunately, that is no longer the case.


Yes, not because of "bad courts" but because of bad patents -- patents that should never have been granted, right? That silly celebration of 10 million patents could also be seen in Sioux Falls Argus Leader two days ago, courtesy of "Jeffrey Proehl [who] is a registered patent attorney with Woods, Fuller, Shultz & Smith P.C. in Sioux Falls." Obviously he's just marketing himself. It's not really journalism, it's PR.

"How many patent trolls will pick up patents in there? How many can be voided by Section 101?"Thankfully, software patents and other abstract patents have lost their 'teeth; it's like they are zombies or just "dead" (the term used by patent maximalists) because the Patent Trial and Appeal Board (PTAB) belatedly applies the law through inter partes reviews (IPRs). Here's a new example of it, just published by Law 360:

PTAB Nixes 2 Customer Service Software Patents



The Patent Trial and Appeal Board has struck down two patents covering customer service software, finding that a California-based company’s patents are invalid as obvious.

In two final written decisions issued Monday, the PTAB ruled that tech company LivePerson Inc. had shown that 17 claims across two patents owned by rival [24]7.ai. Inc., formerly known as 24/7 Customer Inc., are both rendered obvious by a combination of earlier inventions.


Might this be a cautionary tale for those who still pursue software patents because the patent maximalists 'pull a Berkheimer' or speak of the fictitious "Berkheimer Effect"? As we've shown here many times before, Berkheimer has not had a profound effect. Iancu the Trump appointee attempted to use it to weaken PTAB, but virtually nothing has changed. Denver Business Journal has just reported that he spoke in Denver, but other than that he has been keeping a really low profile lately. Ellie Mertens, a writer for the patent maximalists' media, says that Berkheimer did have an effect, but her article is behind a paywall, so we're unable to see what source or data she's citing. The summary says:

New data reveals that findings of invalidity and the success of 101-based motions to dismiss have dropped since Berkheimer, the most important subject matter eligibility case of 2018


It's only "the most important" in the eyes of patent maximalists who attempted to exploit it for their personal agenda (as did Iancu). Unless we actually see some hard data to support the above hypothesis, we'll just continue to assume that Alice, together with TC Heartland and Oil States (also this year; far more important than Berkheimer), mean that software patents are bunk, courts that tolerate such patents are less accessible, and PTAB is free to invalidate them, based on the latter two decisions from SCOTUS, respectively. Berkheimer is just one among many Federal Circuit decisions.

Recent Techrights' Posts

Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
 
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025