Bonum Certa Men Certa

35 U.S.C. €§ 101 Squashes Already-Granted US Patents, Europe Needs Post-Grant Appeals to Accomplish the Same Because EPO Grants Software Patents

Defendants (or accused parties) shouldn't need to wait until there's costly litigation to prove the invalidity of particular European Patents

Robert Jain
Robert Jain. Image source: Unified Patents



Summary: The crowdsourcing or crowdfunding efforts which leverage PTAB to help eliminate bogus patents, wrongly granted by the USPTO, would be appreciated in Europe as well because of the out-of-control EPO

NOTHING matters more than patent quality. Granularity, complexity, novelty etc. all matter, otherwise monopolies are being granted on just about anything. Examples have been named here for almost 12 years and examiners from the EPO openly speak about these things, unlike their management. Examiners take pride in proper scrutiny of patent applications (like peer review of scholarly papers/literature), whereas management types just want to see big numbers, which they conflate with "production" (Iancu's approach as well as the attitude of Battistelli and António Campinos).



"This is where the public has to step in and correct the examination work, if not by opposition from a firm (typically prior to award/grant) then by crowdsourcing/crowdfunding efforts."Sometimes, as in the EPO, examiners aren't allowed to do their job properly. They get sacked or risk getting sacked if they do. We covered this before and there are leaks to that effect. This is where the public has to step in and correct the examination work, if not by opposition from a firm (typically prior to award/grant) then by crowdsourcing/crowdfunding efforts. Over the years there were several such efforts (like Peer-to-Patent), but none really endured in the long run because not enough people participated and these efforts predated AIA.

As Robert Jain explains and shows (a few days ago), Unified Patents' bounties work; they encourage people to submit prior art whereby patents wrongly granted by the U.S. Patent and Trademark Office (USPTO) get invalidated at the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs). These typically leverage 35 U.S.C. €§ 101 (Alice at SCOTUS helps) and the Federal Circuit affirms, sealing the deal and nailing that patent's (or patents') coffin for good.

Here's a new update from Jain:

On September 1, 2018, Unified added four new prior art contests to PATROLL, a prior art crowdsourcing solution. Three of the four patents (US Patent Nos. 9471287, 7594168 and 6546397) are owned by Express Mobile, Inc. (an NPE) and have been asserted against a wide variety of operating companies. Unified is offering a $1,000 cash prize for prior art on the '287, '168 or '397 patents which relate generally to website developer tools.

Unified also added a $2,000 contest seeking prior art for US Patent No. 9119033, owned and asserted by PerDiemCo, LLC (an NPE). The '033 patent, related to a vehicle tracking system, was previously challenged at the PTAB in IPR2017-01007 which settled after the Board instituted trial.


PTAB, based on a newer update from Jain, helps against a patent troll, Jay Walker, for the following reasons:

On September 6, 2018, the Patent Trial and Appeal Board (PTAB) instituted trial on all challenged claims in an IPR filed by Unified against U.S. Patent 8,549,310 owned and asserted by Certified Measurement, a subsidiary of Walker Innovation and well-known NPE. The '310 patent, directed to a "method and apparatus for secure measurement certification," has been asserted in multiple cases against such companies as Yokogawa America, ABB, and Alstom.


Even based on the title alone it's not hard to see that it's a bogus and likely abstract patent. The word "apparatus" is typical yet misleading. It would be nice for Europe to adopt an IPR-like process and for groups like Unified Patents to operate here. We've recently been highlighting some truly dodgy European Patents.

Recent Techrights' Posts

StatCounter Shows the Market Share of Vista 11 is Decreasing in Ukraine This Year
Microsoft abandoning Vista 10 users would be a victory for Vladimir Putin
The "Gold" Rule: Taking Money for Reputation Laundering and Openwashing Under the "Linux" Banner
Seller of expensive toilet paper, Jim Zemlin
LLM Slop Says Slop is "coming for white-collar jobs. Microsoft’s layoffs are just the start"
Look what the Web has become
Reporting Facts About Violence Against Women Deserves Awards, Not Frivolous Lawsuits and Threats
What is Microsoft's stance on women's safety?
Linux.com as Spamfarm of the Linux Foundation, Partner of the Gates Foundation
They no longer publish articles
Slopwatch: The Typical Slopfarms and the 'Brian Fagioli Dilemma'
To the Web and to society (exposed to the Web) LLMs are a net negative
 
Links 16/04/2025: Cliff Lynch RIP, More Attacks on Science (NASA)
Links for the day
Google Promotes Fake Articles (LLM Slop) Instead of Originals, Relaying Microsoft's Linux FUD Emanating From Microsoft LLMs
Shame on Google for participating in the slopfest
In Some Countries the Largest OEMs Already Dump Microsoft Windows
Windows at 18.9%, Android 60.2%
Microsoft Down From 100% to 10% in Myanmar/Burma
only about 4% of Web requests in Myanmar/Burma come from Vista 11, soon to be the only "supported" version of Windows
When Fedora Said It Was Looking to Integrate "AI" It Meant Promoting Microsoft's Proprietary Spyware and GPL-Violating Slop
When they say "AI" they mean Microsoft
It Used to be IBM, Now It's Microsoft (Why You Need to Fire Microsofters or CIOs Working for Microsoft)
Typically the only effective solution is to identity and remove Microsofters from one's project/organisation (before they can bring more Microsofters in)
IBM Closes Offices and Labs in the United States to Open New Ones in India
It's not layoffs per se; they're substituting/swapping veteran employees for lesser-paid ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 15, 2025
IRC logs for Tuesday, April 15, 2025
Gemini Links 16/04/2025: IndieWeb Carnival, Tinylog RFC, "Focus, the Web and Gemini"
Links for the day
Links 15/04/2025: Touchable Volumetric Display and Resistance to American Spying Firms
Links for the day
Links 15/04/2025: Some People Cannot Read and Re-discovering of 'Web 1.0'
Links for the day
Links 15/04/2025: China Admits Targetting Critical Infrastructure Using CALEA Back Doors, NASCAR Cracked by Windows Usage
Links for the day
Why We Support Carole Cadwalladr (Even If We Don't Agree With Everything She Said)
I first became aware of Cadwalladr's work a long time ago
Microsoft's Serial Strangler Chose to Attack Techrights With SLAPP When Over 400 Victims of Mohamed Al Fayed Complained About Media's Role in Enabling Him
There is a strong element of "free press" here
A Coalition or a Coup of Sexism
In the Free software community it's hard to avoid this issue
statCounter Sees GNU/Linux at New High of 6% in Bosnia and Herzegovina
GNU/Linux is measured at all-time high
To Celebrate Git Turning 20 Linus Torvalds is 'Selling Out' to Microsoft and Proprietary Software Which Attacks Git (E.E.E.)
He makes it seem like he's endorsing his attackers
Gemini Protocol Milestone (3,000 Active Capsules)
and a total of nearly 4,500
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 14, 2025
IRC logs for Monday, April 14, 2025
Gemini Links 14/04/2025: Silver Pigs and more Foundation, Disliking Computers
Links for the day
Hundreds of Microsoft Layoffs (Net Headcount Decrease) in the United Kingdom
headcount decreased
Links 14/04/2025: Russian Attack on Sumy Shows No Intention of Peace, Virgin Australia Admits Overcharging People
Links for the day
The Dilemma of Web Browsers Lying About What They Are (in Order to Bypass Discriminatory Gateways Like Clownflare) Worsens Due to LLM Slop
LLM crawlers/scrapers have made sites more restrictive and hostile towards browsers that are potent but not "famous"
What Really Matters to Companies is Net Income or Profit (Bankruptcy is Possible Even With High Revenue)
We ought to stop talking about revenue without focusing on actual profit
Carole Cadwalladr Talks About How Big Business Tried to Silence Her (and Why You Might be Next)
Our story is very different from Cadwalladr's for many reasons
Companies Conspiring to Keep Salaries Down and Undermine Competition
People who do all the practical work are being paid less and made to work for much longer
Links 14/04/2025: Disinformation, Public Disdain for LLMs, and "Lessons on Tyranny"
Links for the day
LLM Slop and SEO SPAM Take Us Further Away From Facts (the Case of IBM Layoffs)
Some of these can impact Red Hat as well
Gemini Links 14/04/2025: Ween and Historic Ada Project Management
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 13, 2025
IRC logs for Sunday, April 13, 2025
Influencers: Red Hat, Inc's IPO, 1999, post-mortem on the directed share offer to open source developer community
Reprinted with permission from Daniel Pocock