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

Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
 
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October