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

Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
Criminalising Opposition to Fraud
slop causes social issues
 
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026
IBM Grapevine: Development Outsourced to LLM Slop and It Results in Many Bugs
IBM is circling down the drain and every insider knows it
Microsoft Gives Many People the 'Booty' This Week, Not Counting PIPs (Silent Layoffs and 'Voluntary' Layoffs)
Microsoft PIPs allegedly target "20-25% in some teams."
Nearly 1,000 People at EPO 'Met' to Plan Further Strikes and Impending Action to Dethrone Corrupt Leadership
Exploring the purchasing "power" of EPO leadership (buying elections while doing cocaine in public)
Links 23/09/2026: Pax Silica Hub Ruins a Country for a Pyramid Scheme (Slop), Convicted Felon's Press Block Resembles Iran, Russia, China
Links for the day
Gemini Links 23/09/2026: Stuck, Gambling, Fury Road, IPFS, and More
Links for the day
The Register Got Paid Today to Spew Out "AI" Almost 50 Times (Keeping the Pyramid Scheme Buzzing in Headlines)
paid-for spam
SLAPP Censorship - Part 196 Out of 200: Sending Someone to Our Doorstep to Ship Approximately 5 KG of Legal Papers (Instead of to Our Representatives)
it is not about law, this is lawfare
IBM's Anderon Already Smells Like a Fraud and IBM Insiders Heckle the Lies From the Management
Sabine Hossenfelder recently made some videos which explain in simple terms why IBM is lying and has already lied about this for years
Links 23/09/2026: Mass-Surveillance by Clownflare and "Data Centre" Crunch Commences
Links for the day
Same Name/Brand, Not the Same Project/Product
What is Linux becoming?
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
3 Years Divorced From Americans
Next year we plan to pursue the UK's Court of Appeal
The Register MS Uses Slop About Slop (in Images)
Months ago we caught The Register MS using slop for text as well
There Are Likely Over a Thousand Internet Relay Chat (IRC) Networks Online, Net Gain of 16 Seen This Month by Andreas Gelhausen's netsplit.de
It's good that they're still tracking that sort of stuff
SLAPP Censorship - Part 195 Out of 200: Two Years Since Garrett, Graveley and Lozza Worked in Parallel to Censor Techrights
It began in September 2024, shortly after we had sued Garrett
Linux Kernel Becoming a Slopfest - Part 8 - In Conclusion
this can invite more SCO-like problems in the future
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day