Bonum Certa Men Certa

USPTO Director Iancu Works for Anti-SCOTUS (Against Section 101) Lobbyists

Last year: The Patent Microcosm is Trying to Derail Patent Reform and Make Iancu the 'American Battistelli'

Trump and Iancu



Summary: The United States Patent and Trademark Office Director Andrei Iancu is becoming to the patent system what Ajit Pai is to the FCC or to the broadband industry; there appears to be intentional vandalism and total disregard for the rule of law

HAVING just written about violations of the EPC at the European Patent Office (EPO), let's look at similar abuses at today's USPTO, which disregards Federal Circuit decisions and besieges the Patent Trial and Appeal Board (PTAB), the equivalent (more or less) of EPO's BoA.



"We foresaw this all along, even before he got the job."Mr. Iancu gleefully violating the laws that govern the Office doesn't surprise us. We foresaw this all along, even before he got the job. We had been writing about this for over a year.

Watchtroll, its striking lack of any comments lately and its connections to Iancu notwithstanding (those too are well documented), has just published "Iancu Highlights U.S. Role in the Future of Innovation in Remarks at U.S. Chamber’s [COC] Global IP Index Reception". Gene Quinn of Watchtroll basically reveals that Iancu now revels in the presence of this crooked bunch. He is aligning with corrupt COC. Surprising? No. Remember who he got this job from; it was crooked Trump. He got this job after his firm had worked for Trump (hallmark of corruption) and now he is serving the litigation 'industry' rather than the Office he works 'for' (similar to the pattern of FCC, EPA and so on).

"How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that)."What does COC say? Well, the usual. But rather than amplify the lies, as the corporate press around the world has done over the past week, let's just say that it's the same as what we saw before, e.g. [1, 2, 3]. It's lobbying for patent trolls' interests. "Following are remarks delivered by United States Patent and Trademark Office Director Andrei Iancu at the event, after being introduced by GIPC President and CEO," Quinn wrote. He also typed up some nonsense titled "The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress" (the ‘Iancu Effect’?!). So basically they say that the USPTO can just disregard the law ("Courts or Congress") and the expectation is that lobbying by COC et al can change what "Courts or Congress" do. How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that). They also attack politicians rather crudely for 'daring' (or finding the courage) to promote science and technology rather than patent trolls.

"Iancu is already angering groups that are supported by technology firms."Sadly, we live in bizarre times when agencies tasked with regulation actually do the exact opposite or what they were supposed to do. The USPTO is becoming just that under Iancu's oversight. It tarnishes the reputation of the USPTO in the same way Ajit Pai destroys what's left of the FCC and various people do at the EPA. There are many other examples like these across the US government. The likes of COC are allowed to toy around with public policy and the same goes for the Koch Brothers. COC's index is based on self-serving lies and a couple of weeks ago a Wall Street press apparatus also perpetuated the myth that innovation happens or exists only when there are patents (expensive; large companies can get lots of bogus ones). What is the goal of today's USPTO? Does it not realise that there's a crisis of confidence in US patents due to a torrent of false grants (those that had been granted over the past decade or two)?

Iancu is already angering groups that are supported by technology firms. "The @uspto proposal is an example of the agency putting its thumb on the scale in favor of #patent applicants at the expense of the public,” United for Patent Reform wrote this week, linking to the EFF's recent piece about Iancu. There's a new article from Joe Mullin/EFF video about "How Justus Decher Beat a Patent Troll". It was published yesterday and said:

Thousands of patent lawsuits are filed each year, and most of them deal with computer technology and software. Nearly 90 percent of those high-tech patent lawsuits are filed by shell companies that offer the public no products or services whatsoever. These patent-assertion entities, also known as “patent trolls,” simply enrich their owners by extracting money from operating companies.

In recent years, the Supreme Court has limited patent venue abuses, made fee-shifting easier, and most importantly, made it easier to throw out bad software patents in its Alice v. CLS Bank decision.

Patent troll lawsuits hurt real small businesses owned by regular people, most of whom don’t have the millions of dollars that would be required to defend themselves through a patent trial. We created our “Saved by Alice” project to tell their stories—the stories of company founders and entrepreneurs, who were able to keep on innovating because of the Alice decision.


The “Saved by Alice” project is a good initiative against software patents. Those patents are typically leveraged by trolls against a large number of small companies; the large targets can afford a legal challenge.

"It won't mean a comeback of software patents but of bogus ones."Want to stop a patent troll and make money at the same time? Unified Patents is looking to leverage prior art rather than 35 U.S.C. €§ 101/Alice (SCOTUS) against a troll. In its own words (half a day ago), it is "seeking prior art for US 7,010,508 owned by and asserted by Landmark Technology, LLC, a well-known NPE." There's a thousand-buck award.

The bottom line is, many bogus patents are still being granted by the USPTO and rather than improve patent quality Iancu is seeking to lower quality even further. That would, as we argued a month ago, cause a crisis of confidence. It won't mean a comeback of software patents but of bogus ones.

Recent Techrights' Posts

[Meme] One Person, Singular Pronoun
Abusing people into abusing the English language is very poor diplomacy
New Article From Richard Stallman Explains Why He Says He and She for Unknown Person (Not 'They')
"Nowadays I use gender-neutral singular pronouns for a person whose gender I don't know"
 
Gemini Not Deflated Yet (Soon Turning 5!)
Gemini numbers still moving up, the protocol will turn five next summer
Links 30/11/2023: Belated End of Henry Kissinger and 'Popular Science' Shuts Online Magazine
Links for the day
Site Priorities and Upcoming Improvements
pages are served very fast
Ending Software Patents in Recent Years (Software Freedom Fighters MIA)
not a resolved issue
IRC Proceedings: Wednesday, November 29, 2023
IRC logs for Wednesday, November 29, 2023
Over at Tux Machines...
GNU/Linux news
Links 30/11/2023: Rushing Patent Cases With Shorter Trial Scheme (STS), Sanctions Not Working
Links for the day
Links 30/11/2023: Google Purging Many Accounts and Content (to Save Money), Finland Fully Seals Border With Russia
Links for the day
Lookout, It's Outlook
Outlook is all about the sharing!
Updated A Month Ago: Richard Stallman on Software Patents as Obstacles to Software Development
very recent update
The 'Smart' Attack on Power Grid Neutrality (or the Wet Dream of Tiered Pricing for Power, Essentially Punishing Poorer Households for Exercising Freedom Like Richer Households)
The dishonest marketing people tell us the age of disservice and discrimination is all about "smart" and "Hey Hi" (AI) as in algorithms akin to traffic-shaping in the context of network neutrality
Links 29/11/2023: VMware Layoffs and Too Many Microsofters Going Inside Google
Links for the day
Is BlueMail a Client of ZDNet Now?
Let's examine what BlueMail does to promote itself
Just What LINUX.COM Needed After Over a Month of Inactivity: SPAM SPAM SPAM (Linux Brand as a Spamfarm)
It's not even about Linux
Microsoft “Discriminated Based on Sexuality”
Relevant, as they love lecturing us on "diversity" and "inclusion"...
IRC Proceedings: Tuesday, November 28, 2023
IRC logs for Tuesday, November 28, 2023
Media Cannot Tell the Difference Between Microsoft and Iran
a platform with back doors
Links 28/11/2023: New Zealand's Big Tobacco Pivot and Google Mass-Deleting Accounts
Links for the day
Justice is Still the Main Goal
The skulduggery seems to implicate not only Microsoft
OpenBSD Says That Even on Linux, Wayland Still Has a Number of Rough Edges (But IBM Wants to Make X Extinct)
IBM tries to impose unready software on users
[Teaser] Next Week's Part in the Series About Anti-Free Software Militants
an effort to 'cancel' us and spy on us
Over at Tux Machines...
GNU/Linux news
Permacomputing
This work is licensed under a Creative Commons Attribution 4.0 International License
Professor Eben Moglen on How Social Control Media Metabolises Humans and Constraints Freedom of Thought
Nothing of value would be lost if all these data-harvesting giants (profiling people) vanished overnight
IRC Proceedings: Monday, November 27, 2023
IRC logs for Monday, November 27, 2023
When Microsoft Blocks Your Access to Free Software
"Linux is a cancer that attaches itself in an intellectual property sense to everything it touches." [Chicago Sun-Times]
Techrights Statement on 'Cancel Culture' Going Out of Control
relates to a discussion we had in IRC last night
Stuff People Write About Linux
revisionist pieces
Links 28/11/2023: Rosy Crow 1.4.3 and Google Drive Data Loss
Links for the day