Bonum Certa Men Certa

Thomas Massie's “Restoring America’s Leadership in Innovation Act of 2018” (RALIA) Would Put the US Patent System in the Lions' (or Trolls') Mouth Again

Patent maximalism would gradually corrode if not doom the patent system, making US patents obsolete and lawsuits frivolous

3 big cats



Summary: An anti-€§ 101 and anti-PTAB bill from Rep. Thomas Massie (R-KY) strives to remove quality control; but by handing the system back to patent trolls he and his proponents simply strive to create more business of litigation, at the expense of innovation

THE Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), typically affirmed by the Federal Circuit and largely defended by management of the USPTO, which is more than just Iancu, is a little bit like the appeal boards at the EPO. The job of PTAB is assuring quality of patents. PTAB is used to stop or prevent frivolous patent litigation with abstract patents -- something which increasingly happens in Europe, as we've just noted.



Earlier this month PTAB accomplished the following thing, which was celebrated yesterday by Unified Patents. Mr. Jain wrote:

On August 3, 2018, the Patent Trial and Appeal Board (PTAB) terminated IPR2017-01672 pursuant to a joint request filed by Quantum Stream Inc. (a subsidiary of XpresSpa, AKA Form Holdings) and Unified Patents. U.S. Patent 9,047,626, the subject of the IPR petition, relates to systems for delivering content, such as a digital video program, to a user device.


This is seemingly a software patent. It should not have been granted. But patent maximalists beg to differ; they mislead the media and mislead politicians about this. Only days ago Odessa American celebrated with the "Cult of Patents" as if "innovation" and "patent" (monopoly) are the same thing (see "Marketing Evolution Awarded Patent Recognition for Latest Innovation"), not to mention spin with "Smart...Smart...Smarter" in headlines such as this new article's headline. Sadly, these patent maximalists still have a grip on the media. Rep. Thomas Massie wants to make a mess of the US patent system [1, 2, 3] and the media helps him promote his new bill, “Restoring America’s Leadership in Innovation Act of 2018” (RALIA). It's a misnomer (should say "Litigation", not "Innovation"), as Josh Landau (CCIA) has just explained, arguing that "RALIA Would Take Us Back To The Patent Law Stone Age" because:

At the end of June, Rep. Thomas Massie (R-KY) introduced the “Restoring America’s Leadership in Innovation Act of 2018,” H.R. 6264 (RALIA). RALIA, rather than restoring American innovation, aims to overturn the advances in American patent law that help protect innovation. Last week, I addressed Rep. Rohrabacher’s ‘Inventor Protection Act’ (IPA) [1][2], and I’ve previously covered the STRONGER Patents Act[1][2]. Now we can turn to the third member of this group of anti-innovation bills, RALIA.

Here’s the gist of it. The AIA? Gone. Decades of court decisions fine-tuning the balance between the patent reward and the impacts of the government-granted monopoly that a patent represents? Gone. RALIA even gets rid of the 18 month publication rule, which makes no sense if you want to promote progress—it only matters when it comes to promoting patents, a fact the bill actually admits.

[...]

RALIA includes an amendment to €§ 101 as well. This amendment appears to be based on the IPO and AIPLA proposals, which Patent Progress has covered in the past.[1][2]. The basic idea? Let’s make everything patentable, no matter if it would prevent anyone from accessing a basic scientific building block or represents nothing more than an abstract idea stripped of any structure.

These proposals come from interest groups that claim that €§ 101 “is not meant to provide the standard for deciding whether a particular technical advance should receive patent protection.” But that statement is wrong—that’s exactly what €§ 101 is for. And I’m not alone in this view. Back in June, USPTO Director Andrei Iancu agreed, describing €§ 101 as a determination of “what specifically, as a country, do we want to exclude from patenting.” There’s active discussion on what falls into that category, but it simply isn’t serious for AIPLA to suggest that €§ 101 isn’t intended to prevent certain types of patents.

As Patent Progress stated when these proposals first came out, they don’t promote progress, just patents that will block basic research and overbroad patents that claim an abstract idea. The only beneficiaries will be those who assert low-quality patents; it certainly won’t benefit progress of the useful arts.


RALIA is still being promoted in some media circles, we're assuming at the behest of law firms. Those who value innovation in the US know that PTAB and €§ 101 aren't the problems; they're part of the solution.

Recent Techrights' Posts

Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
 
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026
Sources-First Publication
Thank you for keeping us on track
Ubuntu is Not Linux
I was one of the first users of Ubuntu
Links 21/08/2026: Outrage Over Politicians Who Support Slop-Feeding Data Centres, "America Is About to Get More Expensive"
Links for the day
Gemini Links 21/08/2026: Rain Coming Back and "Small Internet"
Links for the day
Mass Layoffs at IBM, But Mostly in Secret (PIPs and 'Voluntary' Redundancies)
Gerstner laid off a record number of people; Krishna tries to find 'innovative' new ways to cause workers to leave
Slop-ware: Nobody Knows What Code Goes Into Linux and Most Developers Cannot Understand the Rust Code (Even If They Tried)
So nobody is in charge
The Slop Pyramid Scheme (Not Boon!) Isn't Good for GNU/Linux, Even If the Plagiarism Engines (Framed as "Training" or "Intelligence") Almost Always Run GNU/Linux
We need the slop pop - we need the bubble to pop
North America: GNU/Linux Measured at 13%-15% Every Night
many (north) Americans use GNU/Linux at home and are using it to access the Web in the small hours of the morning
Links 21/08/2026: "Silicon Valley’s Billionaire Cults Are Coming for Democracy" and "Who’s Raking it in as the National Debt Explodes?"
Links for the day
SLAPP Censorship - Part 157 Out of 200: What is a 'Defamation Troll'?
"Defamation Mill" also
Northern Europe Leads the Pack in Abandoning Windows After Threats Made to Greenland (Says Clownflare Data)
Clownflare has a vast trove of data, so it cannot be easily dismissed as pure nonsense
Clownflare: In Past 12 Months Microsoft Windows Fell From ~80% to ~75% on Desktops/Laptops in Asia
Microsoft is deep in debt
Secret Layoffs at Microsoft, Apparently More Sites Will Shut Down Entirely
vindicates us and serves to affirm what we've said for over a month
The State of Slopfarms About "Linux" in August 2026
The Web needs serious cleanup, which curation can help deliver
IBM Offers Workers Some Money to Fire Themselves, It's Called "Next Step" and It's Allegedly 'Extended' (Not Enough Fools Have Fired Themselves)
Will IBM executives - including the CEO - ever be held accountable?
£5 Million Unsolicited/Undisclosed Bribes and What That Means to British Politics
It still remains unknown (disclosure denied) who helps fund the £1 million lawfare against us
[Satire] Pocock, Binface & nobodies vs Farage: defamation before UK High Court
Reprinted with permission from Daniel Pocock
The IBM Censorship Team, PIPs (Silent Layoffs) in IBM Europe
There seem to be many de facto layoffs going on at IBM right there
SLAPP Censorship - Part 156 Out of 200: Brett Wilson LLP Becoming Wilson FC
Now acting almost like one-person shop (lots of staff has fled this past year)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 20, 2026
IRC logs for Thursday, August 20, 2026
Gemini Links 21/08/2026: "Ensmallening the BigWeb", "Rust Dependencies"
Links for the day