Bonum Certa Men Certa

Patent Lawyers Writing Patent Law for Their Own Enrichment Rather Than for Innovation

Anathema, antithetical to the very concept/purpose of patents

A payment



Summary: We have become detached from the original goals and come to the point where patent offices aren't necessarily run by people qualified for the job of advancing science and technology; they, unlike judges, only seem to care about how many patents get granted, irrespective of their quality/merit

THE conundrum which lawmakers sometimes face depends on who pays (or bribes) them. We recently wrote about Orrin Hatch, sponsored the most by the pharmaceutical industry, trying to make pharmaceutical patents immune/exempted from Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs). The USPTO is itself run by a lot of lawyers, not just scientists; look who has been appointed its Director.



There has always been this danger that nontechnical people (like Battistelli and Campinos) would doom patent offices, making them little more than litigation pipelines, preparing the patents for lawsuits, even frivolous ones.

"There has always been this danger that nontechnical people (like Battistelli and Campinos) would doom patent offices, making them little more than litigation pipelines, preparing the patents for lawsuits, even frivolous ones.""The UK will also be excluded from the EU’s unitary patent framework," says a British magazine this week, perpetuating the false belief that something constructed by lawyers for personal gain is actually worthwhile for all of us. But more importantly, however, there is no such framework. The Unified Patent Court is dead, irrespective of Brexit. It never existed and it doesn't seem as though it ever will.

The EPO has said virtually nothing about the UPC for over a month now. Moreover, it's not desirable to Britain or any other country. Only to patent lawyers and trolls. These 'unitary' patents are of no real value for SMEs, for instance, and more often than not companies that aren't even European want these.

Here's the relevant part:

33. The UK will depart the EU’s intellectual property regime, with EU trademarks ceasing to have British application. The UK will also be excluded from the EU’s unitary patent framework.


Which doesn't even exist?

Over in the US, Watchtroll constantly complains. It moans, even on Monday, about anything at all which reduces patent scope and improves the quality of patents (based on obviousness in this case). Such is the nature of the litigation 'industry'. It always wants more and more patents -- even low-quality ones -- to saturate the system and hammer on the dockets (of courts).

Gene Quinn is again lobbying the PTO, trying to tell it what the rules should be. He said "the rule the MPEP should be revised to contain is this: “The prior art reference (or references when combined) must teach all the claim limitations. Only in the most extraordinary of situations where the missing claim limitation is ‘unusually simple and the technology particularly straightforward’ is it appropriate for common sense to be relied upon to supply a missing claim limitation.”"

Dennis Crouch said that "[t]he USPTO has quietly proposed adding new annual bar dues ($240 – $410) for patent practitioners as well a continuing legal education (CLE) requirement. The proposal is buried in the Table of Proposed Fees that will serve as the basis for an upcoming September 6, 2018 PPAC meeting on fees."

These are indoctrination programs for patent maximalists ("practitioners"). They're people who look to make money out of patents without actually creating anything, i.e. they're not practitioners per se. Joseph Herndon wrote about the fee increases over at Patent Docs:

On August 8, 2018, Director Iancu issued a letter to the Patent Public Advisory Committee notifying of proposed fee increases at the U.S. Patent and Trademark Office, and institution of new annual fee for active patent practitioners.

The Director stated that the fee increases are needed to ensure commitment to fiscal responsibility, financial prudence, and operational efficiency.

This is a patent fee proposal open for comment at this stage, and the Director stated that it is anticipated that the fee adjustments resulting from this effort will not be implemented until the January 2021 timeframe. Generally, there are across the board fee increases, and the USPTO stated that given the nearly three-year gap between the implementation of the last fee adjustments and the anticipated effective date of this fee setting effort, a five percent increase to fees is similar to fees rising by 1.6 percent annually.


At the end of last year two scholars, Michael Frakes and Melissa Wasserman, explained why the patent office lost touch with reality. If wasn't for SCOTUS and the Federal Circuit issuing judgments that reduce confidence in granted patents, the patent office would still be awarding loads of nonsensical patents. In Europe the courts have come under an unprecedented attack; the patent office waged a war on judges and made it harder to reach justice for judges might dare point out the decline in the quality of patents.

Recent Techrights' Posts

IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day