Bonum Certa Men Certa

Donald Trump's Choice of Leadership for the USPTO Means That Invalid Patents Continue to be Granted Only for Law Firms to Profit

Legal departments versus justice and scientific advancement, competition

"It's certainly a lot more likely that Microsoft violates patents than Linux does [...] Basic operating system theory was pretty much done by the end of the 1960s. IBM probably owned thousands of really 'fundamental' patents [...] The fundamental stuff was done about half a century ago and has long, long since lost any patent protection."

--Linus Torvalds, 2007



Summary: Bogus patents (or 'fake patents' as today's President might put it) are being awarded in spite of 35 U.S.C. €§ 101, almost as though SCOTUS does not exist or does not count; this means that a lot of lawsuits end up nowhere, leaving only a long trail of legal bills

OVER the weekend we wrote that in Australia the large patent law firms (through a front group of theirs) tried to bring back software patents because they assume that litigation and feuds are not only their source of income but something to be imposed on everyone else (taxing society and industry by legal bills). We received some heckling for that, courtesy of the patent trolls' lobby, so that might mean that we touched a sensitive spot (they didn't refute anything we had said). There's now a new article about it (behind a paywall of course) from an Australian site called Lawyerly.



No matter how one looks at it, it's impossible for law firms to deny that they want more lawsuits; they want to be involved in those because it's "big money" (to them at least, no matter the outcome of these lawsuits).

"We have reached a sad situation where the Director of the world's most influential patent office, the U.S. Patent and Trademark Office, simply diverges from the decisions made by courts and instead takes instructions from radicals like IPO, i.e. companies like IBM."We are saddened to see that the USPTO's new Director, Mr. Iancu, insists on granting fake software patents that have no legal worth or use. Maybe because the USPTO has been taken over by the litigation 'industry'? This Director had worked for Trump (his firm had done work for the President), whereupon he was thrust into the very top of the patent office. Somehow.

Earlier this week Marks & Clerk's Julian Asquith and Tobias Eriksson wrote that this "USPTO Director suggests new test for software patents" and remember that Marks & Clerk has long been very vocal in its support for software patents, even in Europe. It said that it had become easier to get software patents from the EPO than from the USPTO.

It's concerning that Director Iancu takes advice from and 'works' for IPO radicals, a front group funded by the likes of IBM to push for software patents in the US (he should follow the law and courts, not lobbyists), but here's what Asquith and Eriksson report:

The United States Patent and Trademark Office (USPTO) director, Andrei Iancu, recently gave a talk at the IPO’s annual meeting, and he had some…


The rest is behind a paywall. But what's important here is the headline and his participation in this event.

Weintraub Tobin meanwhile writes (on October 29th) that "Ordering Pizza Is Not Patentable!" (yes, exclamation mark in the headline) and he refers to the USPTO. A better headline and summary would have clarified (no need for exclamation marks) that courts assure the US patent office that it keeps granting bogus, fake, worthless software patents that have no legitimacy in actual legal processes. To quote Weintraub Tobin:

Some things are not patentable: laws of nature, natural phenomena, and abstract ideas. The Supreme Court has long held that inventions falling within these categories are not patentable; they are patent-ineligible subject matter. In 2014, the Supreme Court relied on this principle in deciding Alice Corp. Pty. Ltd. v. CLS Bank International, 134 S. Ct. 2347. In that case, the Court invalidated patent for a computerized system for mitigating risks in financial transactions. The Court also established a test for determining patent-eligible subject matter. Since then, Alice has been used to invalidate many patents, particularly software patents. Now it has been used to invalidate a patent for ordering pizza.

Ameranth owned four patents for “an information management system” for transmitting menus from a master database to handheld devices. In 2011, Ameranth filed suit in the Southern District of California against several defendants, including Pizza Hut, Domino’s Pizza, and others, for infringement of the four patents. The defendants challenged the validity of three of the patents in the Patent Trial and Appeal Board (PTAB). The PTAB invalidated many of the claims of the three patents, and, in a subsequent appeal, the Federal Circuit invalidated the remaining claims. All three patents were held invalid on the grounds that they were directed to patent-ineligible subject matter because the invention was an abstract idea.


We have reached a sad situation where the Director of the world's most influential patent office, the U.S. Patent and Trademark Office, simply diverges from the decisions made by courts and instead takes instructions from radicals like IPO, i.e. companies like IBM.

Recent Techrights' Posts

Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
 
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out
Expensive errors: Forbes Gold price, $44 billion Bitcoin given away by Bithumb, South Korea
Reprinted with permission from Daniel Pocock
Links 08/02/2026: Microsoft OSI (Openwashing Lobby) in Europe, Raised Against Social Control Media Provocateurs in EU
Links for the day
The Open Source Initiative (OSI) Lobbies for Microsoft in the EU, Promoting Proprietary Lock-in
OSI pushing and selling Microsoft and GitHub. OSI is Microsoft front group.
Getting the European Court of Justice to Annul the Illegal and Unconstitutional Unified Patent Kangaroo Court (UPC)
We're still working on it
Finland's Dependence on GAFAM (US) Needs to be Lessened, EU Must Follow This Path
It's unwise to make one's entire national infrastructure (computer systems) dependent on a regime which compares its black citizens to monkeys and assassinates nonviolent dissenters
Links 08/02/2026: Microsoft GitHub as Burden on Developers and "The Chomsky Epstein Files"
Links for the day
Gemini Links 08/02/2026: "Doing Not Much Tweaking" and "Reclaiming Digital Agency"
Links for the day
Forbes: BitCoin, Cryptocurrency pages removed from investment database, links stop working
Reprinted with permission from Daniel Pocock
Bitcoin warning followed immediately by network outage
Reprinted with permission from Daniel Pocock
Money Funneled to Protection of Software Freedom, But Nothing Really Lost
Crossposted from personal site
They Tell Us Slop Replaces Workers, But the Reality Is, US Debt Has Surged 2,300 Billion Dollars in Six Months (the Economy is Collapsing)
Oligarchy already entertains the option of running away to (or colonising) some other planet without pitchforks and "unwashed masses"
Mozilla Firefox Sinks to Just 1.5% in the United States
According to analytics.usa.gov
We're Still Fast
The site is even faster than the BBC's despite being on shoestring budget with only a small technical team
Gemini Protocol is Not a Waste of Time of Effort
We see more and more GNU/Linux- or BSD-focused bloggers turning to Gemini
Our Gemini Protocol Support Turns 5 Today
today is a rare anniversary for us
In Today's World, One Must be Tough and Principled to Get Ahead Morally
But not financially (sellouts)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 07, 2026
IRC logs for Saturday, February 07, 2026
The Right Wing in the United States Does Not Support Free Speech, It Supports Its Own Speech
Free speech is often opposed by those who also oppose Free software
IRC is a Lot Better Than Social Control Media (They're Not the Same at All)
A good social analogy for IRC is, there are many buildings with a party in each building
Microsoft 'Open' 'AI' is 'Dead Meat'
Or 0xDEADBEEF as some geeks might call it
When Identifying "Low Performers" and "PIPs" Aren't About Improving Performance But Reinforcing a Clique in Your Company/Organisation
It's very troubling to see once-respectable brands like IBM and institutions like the EPO resorting to this
Slop and Flop (IBM), Slopfarms and Hybrids (Linuxiac)
Did Bobby Borisov assume he would never get caught?
Crowdfunding vs Bitcoins: donations are better investment than digital tulip mania
Reprinted with permission from Daniel Pocock