Bonum Certa Men Certa

USPTO Under Iancu: Making Patents Low Quality (Again)

What they mean by "great" is the number (quantity), not the quality

Make Patents Great Again



Summary: Patents of questionable legitimacy are being granted, passed around, and used for litigation; the net effect may be financially beneficial to the lawsuits 'industry', but taxpayers and science suffer the most

THE USPTO has descended or deteriorated into "law firm" mentality. The goal is money and the Director comes from a firm that judges its "success" by number of lawsuits, patents etc. Why was such leadership appointment by Trump? Maybe past business relations, maybe something even more nefarious than this.



To demonstrate the psyche of the people who now "run the asylum" (to use a crude metaphor), consider this new post which shows how patent law firms view everything. "In order to increase utilization of patents," it says. Like what, lawsuits? They love patent wars, they provoke fights and lawsuits. It's how they make a living. To quote a broader context:

In order to increase utilization of patents, there seems to be a need for development of such new applications. Actually, Xinova has issued the Request for Application (RFA) to identify new applications for an existing technology of its customer in November 2017. I’m wondering if universities may also need such an service to explore possible applications for their technology seeds. Anyway, it would be necessary to study how to valuate such ideas of new applications and how to reward the inventors, especially when working with outside persons.


They don't care about inventors, let alone rewarding anyone but themselves (with legal bills).

A Republican pundit has meanwhile written for Watchtroll about Federal, i.e. taxpayers-funded, work being passed to patent trolls owing to the Bayh-Dole lunacy. Yes, only a few days ago Watchtroll promoted more of this lunacy, merely a few days after we had explained why this is morally wrong. "Much of the research and development done by NASA has broader applications than space and have been used in many everyday commercial products," Above the Law summarised. This is an example where taxpayers' money was invested in patenting decent ideas that the general public can use to make life better. Bayh-Dole, however, turned over such patents to trolls. The trolls sue taxpayers using patents acquired at the expense of those taxpayers. Speaking of taxes, there's a new article titled "New 2019 French Patent/Software box regime" by Bird & Bird (Brent Springael, Laurence Clot and Coralie Crespin). Bird & Bird of Team UPC infamy (the patent trolls' proponents) are now advocating tax evasion using patenting/accounting tricks. Isn't that lovely?

But even worse issues persist at the moment. As always, we're primarily focused on patent scope. According to Donald Zuhn, a proponent of patents on life, the USPTO has changed its Web site (perhaps to help distract from over a week of systems' downtime; that would be a neat spin/diversion attempt) and it has "extended [...] limited amount of non-production time -- three hours for utility and reissue applications -- to consider responses filed following a final rejection."

Here are the key parts:

In a Patent Alert e-mail distributed earlier this month, the U.S. Patent and Trademark Office announced that the After-Final Consideration Pilot 2.0 (AFCP 2.0) program has been extended to September 30, 2019.

The AFCP, which was implemented in April 2012 (see "USPTO to Assess After Final Consideration Pilot Program"), modified in May 2013 (see "USPTO News Briefs"), and extended since then provides examiners with a limited amount of non-production time -- three hours for utility and reissue applications -- to consider responses filed following a final rejection.


To be fair, this didn't start with Iancu, but one has to wonder about the impact on patent quality. Over the past week we've seen some questionable Google patents and the Office has apparently just granted fake (bogus) software patents to Skillz. "Skillz," they speaks of themselves, "the worldwide leader in mobile eSports, announced today that the United States Patent and Trademark Office has issued the company two new patents. The company now has exclusive rights to a total of 13 eSports-related patents."

They say that the "latest patent from Skillz, however, is the first to provide such a feature for mobile games" and they allude to something which is software, abstract. In a rather pragmatic sense, software patents no longer have validity. Here is another example of such patents. How about this new one? It sounds like GrowPath received bogus/fake software patents from the Office (not before Alice/Section 101/AIA as it seems a lot newer, post-ten million). To quote:

GrowPath, a software firm born out of the privacy-obsessed legal industry, has developed and now patented a personalized solution that utilizes an owner’s personal photos as the second step in a two-factor authentication process on mobile devices.

[...]

The new patent (#10,097,538) is the third for GrowPath. The company’s other patents focus on data obfuscation (cyber) and a logic tool which facilitates, among other things, the ability to easily customize algorithms without advanced science or mathematics training.

The new patent also means more tattoos for inventor Sanchez. A former Marine, Growpath’s chief product officer notches all of his patent numbers on his right forearm. With the latest addition, his count is now three. “Software is a crowded field, but the one sure way to distinguish yourself and your business is to truly innovate,” Sanchez explains. “I can’t think of a more personal way to show my pride in that innovation than to wear the patents on my body.” Images capturing Sanchez’s ever-expanding roster of patent tattoos are here and the video is here.


They actually tattoo patent numbers, embedding them deep insode their skin. There are photos there, too. How much more insane can it get?

We've also noticed this press release [1, 2] that speaks of "[t]he first patent entitled “System and Method for Consolidating Account Data” Canadian Patent No. 2821002 recognized the Canadian patent protection for Qvinci’s original invention as improved. The second Canadian patent entitled “Methods and Apparatus for Providing Data Normalization, Scalability and Maintainability” Canadian Patent No. 2829665 recognized Canadian patent protection for Qvinci’s normalizer application."

This isn't a US patent; it's in Canada. Nevertheless, one must bear in mind that the Canadian patent office usually follows the US.

As we noted here before, the USPTO keeps granting abstract software patents provided people surf hype waves like blockchain (yes, it's software patents -- all of them). Here is a brand-new example: "Nasdaq, the $10 trillion dollar stock exchange, has patented a blockchain newswire service. Filed in January 2017, the patent is titled “Systems and methods for securing and disseminating time-sensitive information using a blockchain.” The patent was released to the public earlier this week."

Nasdaq is already involved in some court battles with software patents. PTAB might invalidate these. If not PTAB, then maybe the higher court/s. Such litigation activity helps nobody but law firms and days ago we learned that Immervision is suing LG. They issued a press release about it and it certainly seems as though AP had been reduced to pay-to-say of patent trolls or opportunistic parasites when they sue real companies.

Ultimately, a lot of resources go into unproductive activities. The Office doesn't seem to care. ⬆

Recent Techrights' Posts

World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
 
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026