Bonum Certa Men Certa

Director Iancu Generally Viewed as a Lapdog of Patent Trolls

A funny dog



Summary: As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)

THE U.S. Patent and Trademark Office (USPTO) is run by a patent maximalist. It's not entirely new/s and more people/groups speak about it.



Being a patent maximalist, he opposes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which generally reduce the number of patents and may, in turn, impact confidence in US patents. He also dislikes most Federal Circuit decisions, hence he chooses to ignore these. He does not like 35 U.S.C. ۤ 101 or Alice (SCOTUS), hence he attempts to rewrite the rules.

"Being a patent maximalist, he opposes Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), which generally reduce the number of patents and may, in turn, impact confidence in US patents."As if squashing bad patents (like software patents) is a bad thing, IAM has just published this inane tweet about PTAB and the USPTO amplified the latest nonsense from its Director, Mr. Iancu. Well, Iancu used to work for patent trolls (and his firm had worked for Trump also... before he got this USPTO job from Trump), so why should we not expect this attitude? As quoted/paraphrased here, Iancu said: "We should focus on addressing areas of patent abuse, but it is counterproductive to use pejorative terms like ‘patent troll’ that paint with a broad brush."

"Yes, we wouldn't want to hurt the feelings of people who extort money with bogus patents that should never have been granted," Professor James Bessen wrote about patent trolls, alluding to the above. Bessen had spent years of his career conducting studies on the economic impact of trolls before he wrote several high-profile articles on the subject. Bessen is highly regarded and is considered reliable, credible.

"Iancu is, to them, like an insider or a "mole". He's also a proponent of software patents (and has been for a long time)."Nothing (none of the above) surprises us. We foresaw this all along, even before Iancu got the job. Patent trolls are loving it. Iancu is, to them, like an insider or a "mole". He's also a proponent of software patents (and has been for a long time).

We kindly take note of this new article from Anders Fernstrom and Christopher Hutter (Cooley LLP, representative of many patent trolls), which uses the term "Computer-Related Patents" and says that Iancu's "USPTO Revised Patent Eligibility Guidelines Significantly Eases Path to Obtaining" them. They're missing the point, perhaps intentionally, that actual patent courts would reject virtually all of these patents. So the USPTO is handing out duds -- worthless patents that only have use outside the courts, e.g. in the hands of trolls who engage in extortion campaigns against small businesses.

"The truth of the matter is, what we saw at the EPO now happens at the USPTO. Judges are being ignored and besieged for the Office to just grant lots of bogus patents that mostly trolls can exploit (outside courts)."Pearl Cohen Zedek Latzer Baratz's Caleb Pollack and Nathan D. Renov have also just published "USPTO’S Revised Software Eligibility Guidelines Give Applicants Hope and Examiners More Ability to Allow Applications" (which courts, once again, will reject).

Days ago we noticed this 'ad' from Knobbe Martens, a litigation giant, disguised as an 'article'. It said "Strategies for Obtaining Patents on AI Inventions in the U.S. and Europe" (they're calling software patents “AI”; they’re bunk, void and invalid both in Europe and the US).

"At the end of the day, the trolls' lobby seems very much eager to lower patent quality; Iancu is 100% with them."The truth of the matter is, what we saw at the EPO now happens at the USPTO. Judges are being ignored and besieged for the Office to just grant lots of bogus patents that mostly trolls can exploit (outside courts).

The patent trolls' lobby, IAM, has just published this article about "new research" (possibly from Koch-funded 'scholars' who push the Koch's patent agenda). Behind IAM's paywall: "Academic calls for Congress to act on 101 “to restore investor confidence” with private equity and VC players clear that doubts over patentability..."

We can imagine which scholars those are, but the paywall makes it hard to be sure. At the end of the day, the trolls' lobby seems very much eager to lower patent quality; Iancu is 100% with them.

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day