Bonum Certa Men Certa

Greg Reilly Inadvertently Makes a Case for Replacing/Improving the Patent System With a Wiki, Editable by All as Society Moves Forward

Greg Reilly, IIT Chicago-Kent College of Law
Reference: Greg Reilly



Summary: Editable patents make a lot more sense in the age of the Internet and the World Wide Web; companies that rode the wave of the Net are themselves changing their patents on the go, sometimes because they simply attempt to dodge an evolving patenting criterion which nowadays looks down on software patents

IT SHOULD not be so surprising that some EPO and USPTO insiders, examiners included, know the limits of their occupation and the downsides of what they do, e.g. passing 'weapons' to patent trolls that create nothing but extract millions if not billions of dollars from those who do. Some even told us that, in their view, something like a Wiki in this Internet era (literature in the old sense of the word is dying) would be more suitable for supporting progress or "innovation" (that latter term is favoured among patent merchants).

Posted on Sunday (7th of October, 2018) was this new paper from Greg Reilly (IIT Chicago-Kent College of Law). Trying to make patents non-static, realising that many US patent claims are bunk and the patents themselves fake (as affirmed later by courts), is nothing new. It's already done to a certain extent in several patent offices, with edits made before and after granting, sometimes after Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs).

The abstract says: "Patent claims traditionally have been freely amendable to overcome a finding of unpatentability. For that reason, the Patent Office’s restrictive approach to amendments in new post-issuance review proceedings created by the America Invents Act provoked strident criticism; generated administrative, statutory, and constitutional challenges; and fractured the Federal Circuit. This Article supplies the comprehensive evaluation of the costs and benefits of patent claim amendments, both in examination and post-issuance, surprisingly missing in the literature.

"The results are mixed. Amendments in initial examination are less clearly warranted than commonly thought, with the costs – primarily problematic drafting incentives – often overlooked and the benefits often overstated given other tools to protect patentees’ legitimate claim scope. Conversely, post-issuance amendments are more justified than often thought, with competitors’ reliance interests overstated, patentees’ reliance interests understated, and strategic behavior possible on both sides. Resolving the ambiguity in the optimality of claim amendments depends on a normative view of where to place the risk of error – hindering protection and incentives for inventors when warranted amendments are denied or hindering competition and follow-on innovation when unwarranted amendments are allowed.

"This provides important policy insights. First, because claim amendments invoke the patent system’s basic trade-off between innovation and competition, they offer a promising, but underutilized, tool for Congress to adjust this balance. Second, given the ambiguity in the justifications for claim amendments, the long-standing liberality towards amendments, and the Patent Office’s historically-limited role, the Patent Office probably should not adopt an overly restrictive approach to post-issuance amendments without clearer direction from Congress, despite having the power to do so. Third, the best policy for post-issuance amendments may be a discretionary, case-by-case approach rather than a “one-size-fits-all” approach that is likely to generate significant errors."

Not too long ago a reader told us that Amazon had modified its more controversial patents. Instead of these patents being thrown out Amazon was given a chance to 'correct' these on the go, defeating the whole purpose and essence of the patent system. Should we start editing millions of patents, adding version numbers to each? Or editions (like in books)? It's absurd. Maybe one should accept that the way things are currently being done is rather antiquated; it's suitable for the age of libraries, a residue of an era when literal transportation of books was the means of "technology transfers".

Speaking of Amazon, recall its record on patents; the company is about surveillance and delivery rather than manufacturing (it doesn't really produce anything itself). Amazon captures data, worldwide, for the security state to process (AWS). Alexa/Echo etc. (with the Amazon logo added to them) are listening devices connected to Amazon's back end (like AWS) for processing. All the manufacturing is left for China to do (merchandising is Amazon's core business) while Amazon staff is treated as worse than slaves. We previously gave examples of Amazon's patents on oppressing its workers (putting them in cages, shackling them with surveillance wristbands etc.) and the latest creepy Amazon patent is this from the news:

If Amazon follows through on a pair of patent applications, future fulfillment centers could be transported on their rounds by trains, ships or trucks and deliver their goods with autonomous drones flying out from the tops of shipping containers.

The on-demand system for package delivery is covered in two applications that were filed a year and a half ago but published just today. The inventors are principal software engineer Brian Beckman and intermodal program manager Nicholas Bjone.


Other patents on Orwellian fiction [1, 2] now include "autonomous police car patent," to quote the former, with the latter being titled "Walmart Patent Wants To Monitor Your Health & Stress Levels While You Shop" (associating patents more and more with oppression).

Things need to change in order to improve the public image of patent offices and patents in general.

Recent Techrights' Posts

SLAPP Censorship - Part 86 Out of 200: The Position of Courts on Computer-Generated Lawsuits and Filings From Another Continent (Made by Two Men Who Work for Slop Companies)
Lawsuits by proxy from California
 
A Promise IBM/Red Hat Could Not Keep
"all about control, not so much optics."
Links 25/05/2026: Russia Lobbing Oreshnik Ballistic Missile Again, Slop Comes Under More Fire
Links for the day
Gemini Links 25/05/2026: Injury in Gym and Abusive LLMs DDoSing Software Developers While Misusing Their Code
Links for the day
A 'Bank Holiday' When National Debt Doubles in a Decade
Maybe it's time to rename "Bank Holidays"
Links 25/05/2026: Lingering Environmental Concerns and Domain Registrars Targeted for Unmasking
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 24, 2026
IRC logs for Sunday, May 24, 2026
Gemini Links 24/05/2026: Impressions of Auckland, the Age of Left or Right Extremism, and .zim files
Links for the day
Microsoft's 'Hiring Freeze' (Layoffs) and Salary Freeze (While Inflation Approaches Double-Digit Rates)
If they get replaced by anyone, it'll be low-paid folks in low-salary regions [...] workers' stress levels shoot up, compensation goes down
Slop Will Not End Humanity, The Pushers of It Do (Artificial Scarcities and Global Warming)
Causing hunger and poverty in the name of "computation"
How Can the 'Broligarchs' Love Us When They Don't Even Love Themselves?
Their SLAPPs have their limits
Death at IBM Due to Overwork
Dying for IBM is never worth it
We Publish Less, We Get More Exposure
UbuntuPit is coming to realise that quantity isn't what comes to matter or truly "count", especially when quantity comes at expense of authenticity
Codecs and Software Patents - Part IX - GNU Project Has Chosen to Adopt AV1 for Its Videos, Conversion and Additions Underway
One of our readers is working to help GNU through the maze of software patents and maze of patent lawsuits, which aren't the same thing but are somewhat overlapping issues
Links 24/05/2026: SoftBank CEO Getting Conned by Scam Altman, Hotter 2026 and El Nino With Growing Impact
Links for the day
Links 24/05/2026: Ebola Outbreak and "Journalists Identify Murder Victims Of Trump’s Boat Strike Program"
Links for the day
IAM Magazine is in Effect Dead, It's Now Fused Into Microsoft's Patent Troll (Which It Has Promoted All Along)
Microsoft-connected patent trolls in Europe [...] Now, in his new job, Wild can use his 'expertise' to help guide blackmail/extortion to better harm Europe's industry
A Huge Proportion of 'Articles' in The Register MS Are Actually Paid Spam of the Communist Party of China, Selling Compromised (for Wiretapping) Technology
The Register MS is having a go at becoming a marketing company or "B2B"
Top Officials Have Just Left Microsoft, Layoffs in Anything But Name
Microsoft's debt is very fast-growing
Local Staff Committee The Hague (LSCTH) Meets "Alicante Mafia" at the European Patent Office (EPO)
Report on meeting with VP1 and his team on 21 April 2026
UbuntuPit (ubuntupit.com) Has Deleted Slop Pages, Its Slopfarm Experiment Has Failed (Like Always!)
Turning one's site into a slopfarm is a death knell
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 23, 2026
IRC logs for Saturday, May 23, 2026
The "Next Big" Bonus for IBM's CEO Apparently Comes From American Taxpayers While Veteran IBMers Are PIP'd and RA'd (Laid Off)
the next big thing will be the CEO's bonus
Links 23/05/2026: Starbucks Scraps Disastrous Slopfest, Colbert’s Final ‘Late Show’
Links for the day
Gemini Links 23/05/2026: Poetry, Hobbies, ROOPHLOCH, and More
Links for the day
Government Bailouts Won't be Enough to Save IBM
Bailouts from taxpayers in the US
Links 23/05/2026: Social Media Bans and Demise of Userbase of LLM Chatbots
Links for the day
Legal Letters Are Not Postcards
It seems like intimidation, nothing more
SLAPP Censorship - Part 85 Out of 200: The United Kingdom's Rating for Press Freedom Has Improved, But We Can Do Even Better
we see the US at #64
Sites Realise That Becoming More Active by Using Bots (LLM Slop) is Self-Destructive
We'll soon (maybe next year) also show that some of the 85+ KG of legal papers sent our way are computer-generated garbage, which might run afoul of some rules
European Patent Office (EPO) Strikes Persist, EPO Management Tries to Give False Impression of "Happy Staff"
EPO is trying to broadcast to the world a totally phony image of itself
Gemini Links 23/05/2026: Patience, LLM Chatbts Being Bad, and Unexpected Computer Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 22, 2026
IRC logs for Friday, May 22, 2026