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

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
 
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day