Bonum Certa Men Certa

Patent Maximalism is Dead in the United States

Dead End sign

Summary: Last-ditch efforts, or a desperate final attempt to water down 35 U.S.C. ۤ 101, isn't succeeding; stacked panels are seen for what they really are and 35 U.S.C. ۤ 101 isn't expected to change

THE latest (this morning's) daily links contain a lot of good news under "Intellectual Monopolies". SCOTUS keeps declining Alice-like challenges (for the 43rd time), University of Minnesota proxies cannot invoke immunity/exemption from Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs), prioritised examination is being scrutinised and so on. The patent maximalists aren't saying much anymore; their blogs have become increasingly inactive and each month that goes by they have less and less to say. They're becoming irrelevant. The USPTO's Director, Mr. Iancu, has been virtually invisible for months.

"The very purpose of these Senate hearings was very clear and those who organised these didn't want anything balanced..."Gene Quinn of Watchtroll left as editor half a year ago. He now acknowledges (in "The Only Way to Counter False Claims on Patent Reform is to Enter the Debate") that the patent hearings in the US Senate were rigged, or quite simply stacked. He admits there was an absence of voices in support of 35 U.S.C. ۤ 101 and suggests that the problem is lack of participation by the lied-about side.

Is that so? No. Not really. The very purpose of these Senate hearings was very clear and those who organised these didn't want anything balanced (these were designed for imbalance and were far from objective). People from groups such as CCIA and EFF pointed this out.

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