Bonum Certa Men Certa

USPTO and EPO Openly Brag About Breaking the (Case)Law to Grant Software Patents That Courts Would Reject, Even the Very Highest Courts

Just like the EPO, the USPTO nowadays gloats and openly celebrates abandonment of patent quality (with a so-called 'Chief Economist' spinning that as a positive thing)

Patents, patents for everybody! Fill up the trolley!



Summary: The American (US) patent office, the world's most important patent office, admits that it grants loads of junk patents by devising a way (unlawful guidelines) for undermining caselaw and allowing patents courts would almost certainly reject (if it came to that)

THE LONG BATTLE against software patents carries on. Progress was made over the years, good news came our way on occasions, but amid some won battles there's still a lost war. The EPO and USPTO continue granting loads of software patents and many accused parties (defendants or those subjected to threats without an actual lawsuit) cannot afford lengthy legal battles and appeals. It can cost a couple million dollars for just one single patent if one considers the appeal routes in the US. When it comes to patents granted by the European Patent Office, the cost depends on the country or countries of enforcement.



"We've moved from professors of science to a bunch of so-called civil 'servants' who serve nobody but law firms, helping them hijack every aspect of a system originally envisioned as promoter of science."António Campinos and his appointer lack scientific background and they never created anything, not even code. They're just what they seem on the surface; they're cheap and dishonest politicians. They're manipulators.

Compared to them, the 35 U.S.C. €§ 101-hostile Andrei Iancu is 'class act'. Sure, he got the job because of Donald Trump and his constant promotion of software patents (even before he netted this job) helped him. But at least he has some background in science. The same can be said about some past EPO presidents and past USPTO Directors, including Iancu's predecessors.

"What good are patent offices that boast incredible 'production' where that production is basically a production of rubbish?"What happened in Europe is rather sad. We've moved from professors of science to a bunch of so-called civil 'servants' who serve nobody but law firms, helping them hijack every aspect of a system originally envisioned as promoter of science. With the UPC dead the EPO now realises that it cannot fool justice or spit in Justices' faces. Sooner or later it spits down on them. It all comes crashing down, just like a growing number of European Patents (we're adding some new examples of these to Daily Links).

What good are patent offices that boast incredible 'production' where that production is basically a production of rubbish? What good are a million patents half or more of which are of dubious quality and likely not valid (formal invalidation takes a pricey process, which must be initiated by someone).

"Obviously the law firms love it; it's not "their problem" per se when a client gets fake patents, which turn out to be worthless."Earlier this week we saw Janal Kalis and others mentioning the latest nonsense from the USPTO, boasting what it really ought not boast about. Instead of demonstrating that courts increasingly affirm its decisions the USPTO brags about ignoring SCOTUS and the Federal Circuit, which is a really dumb thing to do. The USPTO is telling stakeholders and applicants that it will be easier to get bogus patents, no matter their toothlessness in actual courts. They actively reduce confidence or certainly, then misuse the concept of "predictability".

Obviously the law firms love it; it's not "their problem" per se when a client gets fake patents, which turn out to be worthless. We know who pays the price for such a fluke; it's not the law firms, which charge hourly...

A post by Charles Bieneman, a dedicated proponent of software patents (his whole blog is about that), said this:

According to a recent report by the USPTO’s Chief Economist, the Federal Circuit’s 2018 Berkheimer decision and the USPTO’s January 2019 patent-eligibility guidance have reduced both the frequency and uncertainty of examiners’ patent-eligibility rejections under and 35 U.S.C. €§ 101 and the Alice/Mayo test.

Anecdotally, for a number of months it has seemed that examiners were making fewer patent-eligibility rejections than they had been in the years following Alice. The January 2019 guidance in particular, as I wrote at the time, seemed designed to reduce Alice rejections. As this graph illustrates, that has proven to be true. Alice rejections peaked prior to Berkheimer; the USPTO points to its April 2018 memorandum modifying €§ 101 examination procedure in light of Berkheimer as accelerating the downward trend. But again, the dramatic downturn in patent-eligibility rejections occurred after the January 2019 guidance.


So... they're basically encouraged to ignore the highest US court and grant bogus patents anyway.

How is that a good thing?

"How is that a good thing?"We pointed this out earlier this year after the USPTO had reported its so-called 'results', which showed growth in low-quality patents.

Sounds familiar? Yes, the EPO.

Eileen McDermott of Watchtroll has just published "A Look at the Data: USPTO Chief Economist Analyzes Effects of Section 101 Guidance on Predictability in New Report"

Predictability in courts?

No.

The opposite.

"Predictability in courts? No. The opposite."Apart from parroting the talking points of Andrei Iancu, what these people do is celebrate violation of and deviation from the law.

Dennis Crouch wrote: "The chart above comes from the USPTO Chief Economist’s office and is explained in the USPTO’s new report on Post-Alice Examination of Eligibility."

That never names this Chief Economist. In the EPO it seems to be some prop of Battistelli, whom we wrote about many times before. They're docile and obedient to a particular agenda; neither independent nor objective. The whole thing is just a marketing charade. Their message is, send us more applications and we'll grant lots of them!

In Twitter the USPTO wrote: "Supreme Court’s 2014 decision in Alice Corp. led to a rise in patent application rejections in certain tech areas (software). Our report shows how this trend was significantly reduced after issuance of revised patent examination guidelines in 2018 and 2019..."

"What are they hoping to accomplish here? They say nothing about the affirmation rates (as per US courts or even PTAB)."They have included a PR/marketing-type animation. Translation or meaning of it? Well, a Trump appointee is breaking the law to grant many illegal patents and fake 'growth'...

What are they hoping to accomplish here? They say nothing about the affirmation rates (as per US courts or even PTAB). The USPTO now mimics illegal behaviour of EPO management and hardly even hides this agenda. As this response to the USPTO put it: "Your illegal guidelines are not in line with Alice. Someone should submit them to Court for a legal challenge."

The original page says:

A new USPTO study finds that the 2014 U.S. Supreme Court decision in Alice Corp. v. CLS Bank International significantly increased the percentage of Section 101 rejections in first office actions received by patent applicants and, importantly, increased the degree of uncertainty facing applicants in the examination process. In two subsequence examiner guidance documents, the USPTO largely reversed these effects. Read more about the image below.


So basically Iancu said, ignore all those court decisions that we don't like and only pay attention to ones that make it easy to allow software patents. How is that a good thing? This is in line with Trump era lawlessness. It's good for trolls who prey on poor and vulnerable companies/people -- a free ticket to the racket.

Recent Techrights' Posts

[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
 
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025
Gemini Links 17/07/2025: "Goodreads for Gemini" and Defence of "The Small Web"
Links for the day
Links 17/07/2025: Anger and Morale Issues at Microsoft, Wars and Conflicts Get Digital
Links for the day
CALEA / CALEA2 is the Real Problem, Not Chinese Operatives Exploiting CALEA / CALEA2 (as Any Other Nation Can)
CALEA / CALEA2 is more of a front door than a back door
99.99% Uptime in First Half of 2025
Since January there was only one noticeable outage
Nils Torvalds and Anna "Mikke" Torvalds (née Törnqvis) Hopefully Use GNU/Linux by Now
"Torvalds Family Uses Windows, Not Linus’ Linux"
Attack of the Slopfarms
FUD-amplifying bots with slop images, slop text (LLM slop)
When People Call a Best/Close Friend of Bill Gates a "Serial Rapist"
Good thing that the Linux Foundation keeps the "Linux" trademark ("Linux Mark") clean
Not My Problem, I Don't Care
Context/inspiration: Martin Niemöller
Honest Journalism About the European Patent Office Ceased to Exist After SLAPPs and Bribes to the Media
The EPO is basically a Mafia
Microsoft Bankruptcy in Russia, Shutdown in Pakistan, What Next?
It seems possible that in 2025 alone Microsoft will have laid off over 50,000 workers
Life Became Simpler When I Stopped Driving and I Don't Miss Driving When I See "Modern" Cars
Gee, wonder why car sales have plummeted...
Why I Believe Brett Wilson LLP and Its Microsoft Clients Are All Toast
So far our legal strategy has worked perfectly
EPO Jobs Are Very Toxic and Bad for One's Health
Health first, not monopolies
Response to Ryo Suwito Regarding the Four Freedoms
the point of life isn't to make more money
Microsoft's Morale Circling Down the Drain
Or gutter, toilet etc.
What Matters More Than "Market Share"
The goal is freedom, not "market share"
Tech Used to be Fun. To Many of Us It's Still Fun.
You can just watch it from afar and make fun of it all
Links 17/07/2025: "Blog Identity Crisis" and Openwashing by Nvidia
Links for the day
Greffiers and the US Attorney of the Serial Strangler From Microsoft
The lawsuit can help expose extensive corruption in the American court system as well
Credit Suisse collapse obfuscated Parreaux, Thiébaud & Partners scandal
Reprinted with permission from Daniel Pocock
The People Who Promoted systemd in Debian Also Promote Wayland
This is not politics
UK Media Under Threat: Cannot Report on Data Breach, Cannot Report on Microsoft Staff Strangling Women
The story of super injunction (in the British media this week, years late)
Victims of the Serial Strangler From Microsoft, Alex Balabhadra Graveley, Wanted to Sue Him But Lacked the Funds (He Attacked Their Finances)
Having spoken to victims of the Serial Strangler From Microsoft
Links 17/07/2025: Science, Hardware, and Censorship
Links for the day
Gemini Links 17/07/2025: Staying in the "Small Web" and Back on ICQ
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 16, 2025
IRC logs for Wednesday, July 16, 2025