Bonum Certa Men Certa

The U.S. Patent and Trademark Office Must Be Based on Justice, Not Profits

It's all about money now, not invention

Trump and Iancu



Summary: With obviousness grounds, prior art and tests for how abstract ideas may be, there's no excuse left for patent maximalism; will patent offices listen to courts or defy caselaw (in pursuits of fulfilling greed)?

THINGS have taken a turn for the worse since Donald Trump put an old business ally in charge of the U.S. Patent and Trademark Office (USPTO). "USPTO Director Andrei Iancu speaks on [Section] 101 and USPTO affairs at the 10th annual patent law and policy conference at @GtownTechLaw," the USPTO wrote. The CCIA's chief patent person soon responded. "Well, so far," he said, "this is Iancu saying “let’s listen to Rich, not SCOTUS.” We’ll see what the guidance says, but so far the speech sure sounds like it’ll be contrary to established case law."

"It's all about legal bills and patent income (the performance of the Office is measured using a misleading, misguided yardstick)."Who cares about courts and judges anyway? It's all about legal bills and patent income (the performance of the Office is measured using a misleading, misguided yardstick).

Law360's coverage by Jimmy Hoover now says that the "USPTO [is] Testing AI Software To Help Examiners ID Prior Art" as if prior art is the main issue. As we recently explained on a couple of occasions, it is not. Focus on quality instead. Better yet, the USPTO should teach examiners to better apply Section 101 and reject all software patents before courts do so (at huge expense to defendants wrongly accused). From the report: "The U.S. Patent and Trademark Office is testing new software that gives patent examiners additional tools to identify whether a patent application incorporates existing technology, USPTO Director Andrei Iancu said Thursday..."

Still addresses the wrong issue, doesn't he?

"Does the USPTO care about justice? Does it pay attention to the courts? No, not really..."Abstract or not (or original or not), patents can also be squashed for just being darn obvious (ۤ 103). "Woss argued that the asserted claims were invalid under 35 U.S.C. ۤ 103 grounds for obviousness," Watchtroll noted in relation to TRX Fitness Equipment. In a separate article, one regarding ۤ 103 as well, Watchtroll also complains that the notorious patent associated with Restasis is a "victim" because it's a fake patent "under 35 U.S.C. ۤ 103 grounds for obviousness." Up in flame (see picture), says Watchtroll, even though many people's lives may be saved due or owing to the Federal Circuit's judgment.

Does the USPTO care about justice? Does it pay attention to the courts? No, not really...

How about public interests? Some patents literally kill.

Iancu has truly become an ‘American Battistelli’; the chief judge of the Patent Trial and Appeal Board (PTAB) is no longer the chief judge. Reminiscent of anything?

"If patent offices diverge further and further away from caselaw, then they risk breaking the patent system as a whole. Patents granted by offices would be presumed invalid as if it's just a filing mechanism."As someone anonymous has just put it in relation to the European Patent Office (EPO), "If you were Patrick Corcoran and the ILOAT would have not yet rendered its judgement, would you “consider reaching an amicable settlement with the Office”?" (to use the insulting proposal of António Campinos).

If patent offices diverge further and further away from caselaw, then they risk breaking the patent system as a whole. Patents granted by offices would be presumed invalid as if it's just a filing mechanism.

Recent Techrights' Posts

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
 
Links 23/02/2025: Apple Back Doors, Ukraine Updates, and Gemini Leftovers
Links for the day
Recent Improvements in Techrights
minimalism works fine when the main goal is to relay information
Slopwatch: Brian Fagioli, Brittany Day (linuxsecurity.com), and Microsoft Misinformation, False Marketing
Serial Sloppers
Censored: Debian Zizian transgender vigilante comparisons in open source Linux communities
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 22, 2025
IRC logs for Saturday, February 22, 2025
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025