Bonum Certa Men Certa

The Patent Public Advisory Committee (PPAC) Needs to Instruct the Patent Office to Stop Treating Applicants as Customers/Clients

That makes as much sense as classrooms viewing pupils as "customers"

Chair



Summary: The USPTO is being abducted by the Big Litigation lobby, just like the EPO (with Battistelli and Team UPC); sadly, this merely dooms the Office, which is supposed to serve science and technology and relies on scientists and technologists to submit high-quality patent applications

LAST month we wrote about USPTO fees being altered. In whose favour? Might Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) become more expensive still in an effort to discourage filers? The truth of the matter is, Iancu is a destructive force at the Office; he's serving the litigation 'industry' (which he came from).



Later this week "[o]n Thursday, Sept. 6, the Patent Public Advisory Committee (PPAC) will hold a hearing to discuss the latest USPTO proposals to set or adjust patent related fees. The event will be held at the USPTO’s main campus and will be webcast," Patently-O wrote. Who will be listened to? "Interested members of the public are invited to testify at the PPAC hearing about the proposed patent fee adjustments. Those wishing to present oral testimony at the hearing must submit a request in writing no later than Aug. 31," Patently-O added, so it's too late already.

"The CCIA went further, noting that the USPTO now calls applicants “customers”..."Sadly, Mr. Iancu (Trump's choice of Director) makes the PTO seem as rogue as the EPO, at least sometimes. Never mind the fact that Iancu's own firm had worked for Trump before the Trump Administration offered him the job...

A "Strategic Plan" was released by Iancu some days ago even though it was just a draft which reaffirmed suspicions that Iancu was like a 'mole' for the litigation 'industry'.

"In the 2014-2018 Strategic Plan [of the USPTO] the word “customer” appears 12 times," says the CCIA. The USPTO hasn't quite recovered from its disastrous downtime (which it tries to distract from with this "Strategic Plan"); refunds are still a sordid mess and the reputation of the Office was severely harmed. The face-saving messages from Iancu only angered stakeholders further; he made no sincere apologies and did not explain the cause of the downtimes (this was not the first), instead framing them as a "feature", not a bug.

The CCIA went further, noting that the USPTO now calls applicants “customers” (like the EPO calls them) and there's a lot more:

At the heart of these flaws is the USPTO’s embrace of an inappropriate viewpoint. The USPTO treats applicants as “customers,” catering to them first—sometimes at the expense of the public. The USPTO first took this approach in the early 1990s, when it was first required to fund agency activities with user fees. The agency most explicitly adopted it during the dot-com period, stating that the “primary mission of the Patent Business is to help customers get patents.” While the USPTO later retreated from this statement, the viewpoint appears to be re-emerging in the wake of the USPTO’s authorization to set its own fees. In the 2014-2018 Strategic Plan, the word “customer” appears 12 times; in the draft 2018-2022 Strategic Plan, the word appears 70 times. The USPTO is not a business. Taking a view that treats applicants as customers implicitly places their needs and desires over those of the public.

This has real harms. Prioritizing applicants runs the risk of granting patents that shouldn’t have issued, tying up broad areas of technology and rendering known technology unusable. While invalid patents can be challenged, challenges remain expensive and time-consuming. This is particularly problematic when invalid patents are granted in newly developing areas like artificial intelligence, autonomous vehicles, augmented reality, or additive manufacturing, where smaller innovators may not have the resources to challenge patents and may decide to innovate in other areas—or not at all.


If the USPTO becomes an agency of the litigation 'industry' rather than servant for science and technology, people who actually create things will simply view it as a foe. This is the risk Iancu now takes and the Patent Public Advisory Committee (PPAC) needs to take that into account later this week. Whose office is it anyway?

Recent Techrights' Posts

Distinguished Lecture by Richard Stallman This Coming Monday in Rome
After "Free software, Crucial for Freedom in a Digital World"
The Lawsuit by Clients of Brett Wilson LLP Against Brett Wilson LLP is Officially On, It is Progressing, The 'Experts' Pick Outside Law Firms (RPC and Mills & Reeve) to Spare Them From Litigants in Person
So it is probably quite potent
The 'Culture Wars' in Free Software Have Gone Out of Control
Social control media amplifies such utterly infantile discourse
Teaser: To Compensate for the Fact Our Clients Are Terrible Human Beings Who Strangle Women (While on Microsoft's Payroll) and We Get Paid by Mystery Parties We Bombard You and Your Wife With Almost 10 Kilograms of Legal Papers
If you can't win an argument, then drown the other side with papers?
Now Confirmed in Western Media: Microsoft Azure Layoffs This Month
Affirmed by more sources moments ago
10 Out of 10: RMS Attracts Massive Audience in Göteborg, Sweden (All Seats Occupied, Some People Standing)
a 55-second clip of his talk
 
Brett Wilson LLP Spreads Trumpism to the United Kingdom, Looking to Profit From 'Legal Colonialism' (Overriding Sovereignty)
There's growing recognition of this conundrum worldwide
The Demise of Shopping in Person
In a world like this, how valued is the customer?
We Are Safe in a Modern "Tech" Society, Right?
People are safer if they control their own computing
This Past Friday, "Nearly 700 People Came to Listen to RMS!" (Richard Stallman)
"Nearly 700 people came to listen to RMS!"
Slopwatch: UbuntuPIT Churning Out Plagiarism and the Slopfarm LinuxSecurity Turns to Pseudonyms
Our hunch is, UbuntuPIT will sooner or later realise that this toxic approach is just harming UbuntuPIT and tainting the reputation of past articles
Gemini Links 11/10/2025: Nyctography, Gerrymandering, and Lurking
Links for the day
Links 11/10/2025: World Mental Health Day 2025, Another European Legal Defeat for Microsoft 360
Links for the day
MIT Technology Review is Part-Time SPAMfarm of Billionaires and Mega-Corporations
Does MIT operate its own "b2b" SPAMfarm?
Open Source Initiative Executive Director Leaves, Replacement Sought by Monopolists, Not the Community or OSI Members
Serves to show who runs this show...
Links 11/10/2025: China-US Tensions Grow Again, "Hey Hi" More Widely Recognised as Bubble Made of Capital That Doesn't Exist
Links for the day
Peter O'Callaghan QC represented grandparents, Westernport Hotel, at Liquor Royal Commission
Reprinted with permission from Daniel Pocock
Either The Register MS Divests From FOSS Coverage or Liam Proven is on Long Holiday
Publishers perish when their audience loses trust in them
Microsoft Cancelling Another Datacentre is a Sign of Financial Trouble and Lack of Growth
The debt continues to grow
Gemini Links 11/10/2025: An Evening at the Fair and Fast Fourier Friday
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 10, 2025
IRC logs for Friday, October 10, 2025
Geminispace is Very Large
The word continues to spread and the number of participants grows
Another Wave of Microsoft Layoffs, This Time During National Day Holiday
This time it's China again
Staying Happy in Times of Crackdowns on Civil Society
Optimism in this sort of "new reality" or "new normal" seems like something for the irrational person
"Nobel" Exploited Posthumously for "AI" Hype, Now They Do the Same With "Quantum"
ere have been many jokes about "Nobel" for peace (often granted to pro-war people) and a fake one for "Economics" (establishment propaganda)
Slopwatch: Plagiarism and "Linux" Articles by Bots
Sites that do this won't survive; many of them rely on slop services (suppliers) that will cease to exist after the bubble bursts
Links 10/10/2025: Putin Admits Russia Downed Azerbaijan Airlines Jet, More New Heat Records
Links for the day
Noteworthy Claim That IBM is Firing a Lot of Lawyers This Week (RAs in the Legal Department)
A lot of what they do is patent 'trolling' or lawyering up against their own staff (e.g. HR disputes)
Links 10/10/2025: US Judge Bars Attacks by ICE On Journalists and Protesters; “We Took The Freedom of Speech Away” Says the President
Links for the day
Slopwatch: Serial Sloppers, Google News Gifting Slopfarms, and Fake News/Plagiarism About "Linux"
Google itself is a slop pusher these days
Qualcomm, the New Owner of Arduino, Blasted for Its Software Patents Tax on 'Smartphones'
A lot of Qualcomm's patents are on software. We wrote about this in prior years.
XBox Layoffs Rumours, Downtime, and Criticism From XBox Co-Founder
"everyone is ditching the xbox."
Links 10/10/2025: Honoring The Legacy Of Robert Murray-Smith, Many Articles on the Hey Hi (AI) Bubble
Links for the day
Gemini Links 09/10/2025: October Gothic and Reading Middle Earth Role Playing; C and Ada
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 09, 2025
IRC logs for Thursday, October 09, 2025
Links 09/10/2025: Farewell to Jane Goodall, California Bans Algorithmic Price-Fixing
Links for the day
Gemini Links 09/10/2025: Lost Wages and a Saga Of Continuing To Use Palm PDAs
Links for the day
Richard Stallman's Talk in Helsinki is Done. Tomorrow Göteborg.
There are scarce details in Finnish about Dr. Stallman's talk
New XBox Leaks Probably Serve to Confirm XBox's Collapse (Many More Layoffs)
It's very much consistent with what many other sites have reported lately
The Slop Song
The train wreck marches on
LLM Slop/Advanced Plagiarism Flooding the Zone With Capital That Does Not Exist
Many publishers out there still participate in this bubble instead of calling it what it is
Links 09/10/2025: Sacked Microsoft Workers Make "Sackbird", IBM Taps CockroachDB for PostgreSQL
Links for the day
"Happy Hacking Day" Richard Stallman Talk This Afternoon (From 14:00 to 16:00) at Haaga-Helia University in Pasila
Richard Stallman in Helsinki, Finland
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 08, 2025
IRC logs for Wednesday, October 08, 2025
Links 09/10/2025: Impact of Microsoft Layoffs, More Data Breaches
Links for the day
Gemini Links 09/10/2025: Autumn Blues and C IRC Bot
Links for the day