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

Free Speech Around the World is Curtailed in the Name of "Protecting Us"
We have spent many years speaking about how to combat this trend
Recent Site Changes and Looking Towards 2026
In November 2026 we turn 20
Mozilla Firefox is Probably Already Below 2% in the UK (United Kingdom)
LibreWolf identifies as "Firefox" by default
When You Don't Want to Tinker Much You Just Use GNU/Linux, Not Windows
With GNU/Linux upgrades are possible and, failing that, one can just back up the home directory and copy it "back into" the new OS
Coming Soon, the Next Chapter About the Crisis of the Open Source Initiative (OSI)
We're far from done
Expect GNU/Linux to Rise Sharply in China
But Red China won't trust Red Hat (IBM), which works for the Pentagon and keeps the "secret sauce" for its OS secret (just what Americans accused China of doing with its distros)
 
Links 17/03/2025: "Badly Misled About Covid" and "Gag of America"
Links for the day
The Lie or Half-Truth of Clownflare (or Equivalents) Improving Things
It may seem "cheap" (temporarily) and "fast", but that's just bait
Enshittification of Online Media
Now more than ever we must fight for independent press
War Readiness Means Removing Every Windows Installation and CALEA-Compliant Equipment
Finland is vulnerable for a whole bunch of reasons
Reporting Facts is Not a Privacy Violation
Techrights has long valued and defended privacy
In the Russian Federation (Russia), Microsoft Isn't Even the 1%
the government builds "homegrown" (not pertinent parts of them) distros with which to replace Microsoft, not just Windows
Gemini Links 17/03/2025: "Hack the Planet", Klingnauer Stausee, and Enshittification
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 16, 2025
IRC logs for Sunday, March 16, 2025
Slow News Cycles Are Part of a Trend, Technology Gravitating Towards Rich People's Interests
This issue isn't limited to the Web
Facebook REALLY, REALLY, R E A L L Y Does Not Want You to Read This Book
It would be a CRIME to read it
Illuminating Microsoft's Code of Conduct (CoC) Hypocrisy
Oppressor victimhood? Leadership claimed by the worst offenders?
Planet Ubuntu - or Ubuntu Planet - Has an LLM Slop Problem (Called Faizul "Piju" 9M2PJU)
Does investigative reporting have any future at all?
Links 16/03/2025: Handwriting Comeback and "MElon’s Attack on U.S.A.I.D."
Links for the day
Gemini Links 16/03/2025: "Differences Distance" and "Dopamine-addicted Pigeon"
Links for the day
Links 16/03/2025: American Press Under Attack, "France Offers to Take in US Scientists"
Links for the day
Gemini Links 16/03/2025: Threats to Canada and How to Process News Online
Links for the day
Links 16/03/2025: Growing Tariff Hostilities and Social Media Surveillance
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 15, 2025
IRC logs for Saturday, March 15, 2025
Gemini Links 15/03/2025: Sleeping in March, Headless Raspberry Pi 4
Links for the day
Links 15/03/2025: Hey Hi (AI) Hype Waning, Microsoft and Apple Ridiculed for Vapourware
Links for the day
Many Reports About Microsoft Layoffs Are LLM Slop Based on Other LLM Slop (From Microsoft-controlled LLMs That Downplay the Layoffs or Give Badly Outdated Data)
The LLM slopfarms also dilute/derank actual news about Linux by pushing Microsoft Azure instead; it's a spamfest!
When You Expose Corporate Crimes, Misconduct and Lies They Harasses and Troll You. Then You Write About the Harassment and Trolling and They Allege It's "All Personal".
protect women's safety
Gemini Links 15/03/2025: Bandcamp and DST
Links for the day
Links 15/03/2025: Albania TikTok Ban, No Skinnerboxes in Danish Schools
Links for the day
Sierra Leone: Android Up to Record Highs, Windows Falls to Record Lows of Almost 5% (15 Years Ago It Was 100%)
This is what happens when about 83% of Web requests come from mobile
Margarita Manterola (marga, Google) & Debian DebConf13 Swiss venue intrigue
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 14, 2025
IRC logs for Friday, March 14, 2025