Bonum Certa Men Certa

The USPTO's New Strategic Plan Should be to Keep Services Available and Actually Explain a Week's Downtime

Of course patent quality too should be a priority

A businessman



Summary: The USPTO faces legitimacy problems after a long downtime, failure to explain this downtime, and persistent questions about enforceability of USPTO-granted patents in courts, not to mention in the USPTO's own Patent Trial and Appeal Board (PTAB)

THE MONTH of August was a tough one for the USPTO and we can imagine that some technical staff needed to be recalled from holidays.



"Iancu sounds like PR person.""The recent failure of USPTO PALM database is a direct result of John Owens, Tony Chiles and Pam Isom's incompetency," an insider wrote. "This time Owens cannot blame a power failure," this insider added, alluding to previous incidents which were nowhere as severe as the latest [1, 2].

"After a week of the USPTO’s electronic patent filing systems being down, the office says “the director will prescribe a procedure that will allow you to seek a refund of the paper filing fee”. But some observers say this will be tricky," Michael Loney wrote. The USPTO was still 'on fire' (as in up in flames) until a few days ago. Every page came up with pop-ups containing a face-saving message about key services being down. At the moment (minutes ago) the pop-up instead says: "You have been randomly selected to take part in this survey that is being conducted by ForeSee on behalf of the United States Patent and Trademark Office. The feedback you provide will help the United States Patent and Trademark Office enhance its site and serve you better in the future. All results are strictly confidential – see our Privacy Policy for details."

So we assume that the downtime is over, well over a week after it started. Now comes Director Iancu with 'damage control'. A nontechnical director, selected by Trump after he had worked for him, is talking about a technical problem. Patently-O has the full text, which is pure spin from Iancu (a lawyer, spin is what these people do for a living), spinning over a week's downtime as a 'feature' or 'improvement'...

"In the process of getting everything back up and running, we sought not merely to restore but also to improve our PALM operating systems," he wrote. "Among other things we now have enhanced servers and performance optimization, such that the resulting condition is better than it was before the outage."

Aha! So people should really be thankful for the outage! A blessing in disguise? Iancu sounds like PR person. But see the comments. They're rightly upset. To quote the first couple of comments:

What challenges? I guess it doesn’t matter how/why it happened? Any interest in explaining how the PTO plans on it not happening again? This is now the second time that a lengthy outage has occurred, on top of the daily sporadic outages.

Also, is there any logical a reason to tie the contingency EFS in with the same system that houses the primary PALM database? What’s the good in a contingency system if its availability is inextricably tied to the availability of the system that it’s supposed to back up?

It’s simple: Two is one and one is none.


And the second:

It is part of the citizens of the US becoming peons. People in charge don’t have to explain. I don’t think that contained an apology either. And it described “the outage” as if it was an act of G*d.


There's lots more along those lines. Why the USPTO was down is still unexplained. What a mystery. From a government-connected entity better can and should be expected.

Patently-O has meanwhile published the "USPTO New Strategic Plan (Draft)," to which I replied with: "a good strategy for the USPTO would be to first brings its service back online :-) there has been a one-week downtime!" (it was still down at the time).

From Patently-O: "The Strategic Goals reflect the fact that the PTO is primarily a bureaucratic agency — and the main goal is quality bureaucracy. That means efficient, correct, and timely work. Thus, the PTO’s first strategic goal is “Issuing reliable IP rights.”"

If patent quality is improved rather than lowered, patents would be more reliable in courts (the same goes for trademarks).

They speak of "optimizing patent and trademark quality," so Iancu should just formally forbid software patents at the USPTO (it's about time to do so, but of course he wouldn't, he used to advocate these for money). IP Watch wrote about this draft as well:

The United States Patent and Trademark Office (USPTO) is seeking comments on its draft strategic plan for the years 2018-2022. The draft plan covers a range of goals, including optimizing patent and trademark quality and timeliness, and providing “domestic and global leadership to improve intellectual property policy, enforcement, and protection worldwide.”


Remember that the USPTO said its systems/services would be restored by last Tuesday. But no... that did not happen. It was down for over a week! The issues were apparently resolved in the past few days, maybe a couple of days ago.

Iancu's response appears to have mostly angered stakeholders, who still don't know what happened and whether anyone (company or person) was held accountable. Perhaps the above draft was released (prematurely even) as a form of distraction from Iancu and his team.

In other news, this one from Joseph Herndon, patents on candles were brought up in relation to a Federal Circuit ruling. Luminara is upset and is complaining that its own patents are utter rubbish. They should never have been granted by the USPTO (which merely profits from granting anyway, whenever there's doubt). To quote Herndon:

Luminara Worldwide, LLC appealed from three inter partes review (IPR) decisions, in which the Patent Trial and Appeal Board held unpatentable a total of 31 claims across Luminara's three patents. On appeal, Luminara challenged the Board's decisions as to one claim from each patent and asserted that the Board's application of the 35 U.S.C. ۤ 315(b) time-bar was improper as to the '319 patent. The Federal Circuit dismissed the IPR with respect to the '319 patent, holding that the ۤ 315(b) time-bar applied, and affirmed the other two IPR decisions.

The patents here are directed to making flameless candles that look and behave like real candles. Shenzhen Liown Electronics Co., Ltd. (Liown) requested inter partes review of 31 claims of the Luminara patents including U.S. Patent Nos. 8,696,166; 8,070,319; and 8,534,869. The three patents, which employ moving pendulums to simulate the appearance of a natural flame, are related.


In summary, Iancu's Office (leadership) needs to seriously think about the quality and thus legitimacy of the patents it grants. It needs to do more to demonstrate that it can handle technical matters (over a week of outage certainly disputes this) and improve transparency, e.g. regarding the cause of the outage.

As things stand at the moment, the Office loses credibility even within or among its own stakeholders, who complain that their US patents are worthless, the service is poor, and the Office is facetious. Don't make the USPTO another Battistelli-esque EPO.

Recent Techrights' Posts

Ireland Last to Report Election Results
Daniel Pocock's involvement in Australian politics goes back to his university days
Never Sleeps, Never Slumbers
We're going to try to improve not just in quantity but also in quality
EPO Has Gotten So Bad That Workers Need to Ask to be Allocated a Desk (at Work)
Wow!!!! An “allocated workplace”!!
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 12, 2024
IRC logs for Wednesday, June 12, 2024
Gemini Links 12/06/2024: The Rodent Revolution and Adding Twisty Puzzles
Links for the day
Links 12/06/2024: Ukraine War Updates and Many Patents Being Subjected to Squashing Bounties
Links for the day
[Meme] The Purpose of Life is to Find a Desk
dogs have desks
Tux Machines Parties Going Well Do Far
Cross-posted from Tux Machines
In Many Countries, Both Large and Small, Vista 11 is Losing Market Share (Despite New PCs Coming Preloaded With It)
One need not even consider large nations in isolation
By "Going Public" the Raspberry Pi Ensures It'll No Longer Serve the Public
It'll be owned and controlled by whatever people wish to control it
Dave Wreski Also Plays the Bot Game (Chatbot) at LinuxSecurity to Fake 'Articles' About "Linux"
How much longer can they fool search engines (SEO) and readers?
[Meme] Indisputable Success
MICROSOFT buys shares of MICROSOFT
Links 12/06/2024: 'Hey Hi' (AI) Bubble Imploding Already, Danish Media Threatens to Sue OpenAI
Links for the day
Links 11/06/2024: Floods in Germany and Brazil, Political Violence
Links for the day
Gemini Links 12/06/2024: Sketching Plants, OpenBSD Pubnix
Links for the day
"2025 the year of Linux on the Desktop"
Charlie Stross quote
In Bahrain, Historically Low on GNU/Linux Adoption, Things Change for the Better
They have some people who understand Free software
Daniel Pocock Received Twice as Many Votes as Andreas Tille (Debian Project Leader After 2024 Election)
From the media yesterday...
Debian is Built by Hundreds of Volunteers and 524 Irish People Voted for Daniel Pocock
524 in that area went to the polling station to vote Daniel Pocock (Ind)
[Meme] RMS is 'Too Old', Says Company Run by a Person 5 Years His Junior (Ginni Rometty) and 10 Years His Junior (Arvind Krishna)
Never again?
[Meme] Women in Computer Science
Grace Hopper, Ada Lovelace etc.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 11, 2024
IRC logs for Tuesday, June 11, 2024
Togo: GNU/Linux Growing Fast This Year, Now Measured at 6%
Sending Bill Gates with a suitcase to bribe African officials isn't enough anymore
Free Software Projects Need to Chase Away Men Who Attack Women Rather Than The Women Who Complain
A just society holds people accountable rather than covers up such blunders
Improving the Image of Women in Free Software by Hiring and Promoting the Proficient Ones
Million's shaman background isn't the problem, or even the superstitious ghost-chasing. The problem is that she has absolutely no background in Free software.
They Say Cash is King
People who value their freedom will pay with cash any time they can
'Team Microsoft' Wants to Leverage Our Popularity as a Weapon Against Us
In the past 2 days we published 64 articles and served over a million HTTP/S requests
[Meme] Microsoft Has Enough of Its Own Problems (Layoffs Abundant), It Won't Rescue IBM or Canonical
"It's OK, we're partners"
Know Your Allies, Know Your Enemies
The answer to censorship attempts is more speech, not less speech
Debian is Back to Taking Money From Microsoft, the Company That's Attacking Linux From the Inside
If Debian fails to understand what's wrong with it, that's a problem
Ghana: Windows Down From 97% to Just 15%
The doors are closing on Windows
Links 11/06/2024: Practice of Retaliatory Layoffs at Microsoft
Links for the day
Gemini Links 11/06/2024: GMID 2.0.5 and More
Links for the day
The United States Will Cut Off or Cull Firefox
It is only a matter of time
[Meme] Firefox Is Not an Alternative to Google, Only to Chrome (and It Has Become Proprietary or OSPS Like Chromium)
The illusion of remaining "choice" on the Web
No, the World Wide Web Isn't Open (and Hasn't Been for Years)
It's proprietary all the way now
The War on Free Software Reporters - Part VII - Groupthink, Censorship Demands, and Ultimatums
There's a lot of groupthink in the Free software community
Microsoft Told Us That LLMs Were a Boon for Azure and 'Clown Computing', But the Thousands of Layoffs This Month Prove That It Was a Lie All Along
Azure is collapsing
Why We Post Statistics About the Usage of Operating Systems Worldwide
We're hoping to see GNU/Linux at over 10% (on desktops/laptops) some time in the coming years
Winning Defamation Cases is Incredibly Difficult (for Plaintiffs), Even in the United States and the United Kingdom
SLAPP should always backfire
In Kuwait, Microsoft's Windows Fell From 97% to Just 15%
According to statCounter
GNU/Linux in Philippines Climbs to New Levels
This is an all-time high
Links 11/06/2024: Windows Outcry and Climate News
Links for the day
Tux Machines Was Always a Women-Run Site (the Real Voices of GNU/Linux, Not Political Props in Corporate Events)
Corporate "diversity" is more of a marketing/PR gimmick than real, genuine diversity
Macao: GNU/Linux Desktop/Laptop Operating System Market Share Rising Close to 7%
GNU/Linux Rises to Record High in Macao
FSF is Now 50% Female, Unlike Red Hat (Which Moaned About Lack of "Diversity" at FSF)
Isn't the hypocrisy just astounding?
Since COVID-19 Lockdowns Windows Fell From Almost 50% to Just 10% in Loas
According to statCounter
[Meme] Quantity Says Nothing About Worth, Value, or Quality
People will generally gravitate towards things of quality and reputation
Microsoft's Windows in Gabon: From 20% 'Market Share' Down to Around 10% in a Few Months
Gabon is not a small country
Meanwhile at canonical.com
Canonical knows exactly what Ubuntu users want
[Meme] Microsoft (and the NSA) Will Never Forget
The user trying to permanently disable 'recall'
Windows Falls Below 20% in United Arab Emirates This Month
According to statCounter
"Windows 11's Recall AI, known to take snapshots and recordings of user computers regularly, including key presses, was discovered to store all its information in an unencrypted local folder."
"You can copy the data from another user's "recall" folder as another user."
Fedora Week of Diversity (FWD) 2024 Outsourced to Proprietary Spyware of GAFAM
Need to use proprietary software to participate
IRC Proceedings: Monday, June 10, 2024
IRC logs for Monday, June 10, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] Clown Computing is Better For...
Clown: they said clown computing enhances security
One in a Thousand Voters Chose to Vote Daniel Pocock (as First Preference)
He got about 4 times more votes than what had him win FSFE elections
Daniel Pocock on Good Performance in His EU Election Campaign: Thanking the voters of Midlands-North-West, Ireland
Reprinted with permission from Daniel Pocock
The 'IT Industry' is Already in Ruins
The "powers that be" do not want the "hoi polloi" to possess skills and systems
Microsoft's Windows is Sliding Away Into Minority Platform Territories, Even in Rich Countries With Affluent Computer Users
We seem to be striking a nerve at Microsoft every time we say this
Self-Hosting Should be Taught and Embraced, Outsourcing Creates More Problems (or Risks) Than It Solves
One can control one's destiny...