Bonum Certa Men Certa

Patent Trial and Appeal Board (PTAB) Statistics and New Chief Judge Who is Really a Scientist

PTAB helps eliminate many software patents by properly reassessing them

David Ruschke
David Ruschke's 'official' photo



Summary: The US board which has been responsible for the elimination of many software patents (patent lawyers dub it "patent death squad") is to be boosted by Dr. David Ruschke, who is more than just a judge

NOWADAYS, more so than before, the EPO and USPTO both rush to approve applications under pressure from above. The examiners are forced into that; prior art search is increasingly just a 'luxury' (growing workload) and it shows. How about reviewing bogus patents upon request? Well, that would diminish the number of patents Battistelli et al can brag about, so such divisions (like the Boards of Appeal in Europe) are understaffed and marginalised, especially in recent years. At the EPO, based on some recent reports, the boards now suffer from a massive backlog and cannot eliminate bogus patents quickly enough (more on that another day, maybe tomorrow). It is also worth noting that the judge whom Battistelli suspended is very technical, unlike Battistelli himself (maybe a cause for envy).



"At the EPO, based on some recent reports, the boards now suffer from a massive backlog and cannot eliminate bogus patents quickly enough (more on that another day, maybe tomorrow)."Earlier this week we found a lot of coverage about PTAB, which is in some sense (not in the whole sense) similar to Europe's boards in at least some of the undertaken functions. MIP wrote: "A new USPTO study reveals the Patent Trial and Appeal Board (PTAB) has granted 5% of the motions to amend that it has had a chance to review and is on track to have about 50 motions filed this year, consistent with the level filed in 2013 and 2015" (PTAB is only a few years old itself).

IAM said: "One of the criticisms leveled at the post-issuance reviews procedures is that while the USPTO’s Patent Trial and Appeal Board has been only too happy to invalidate patents in a review, patent owners are given little opportunity to amend the claims under threat."

WIPR put the figure (percentage) in the headline and said: "The US Patent and Trademark Office’s (USPTO) Patent Trial and Appeal Board (PTAB) has granted 5% of motions to amend claims since its inception nearly four years ago, new figures have revealed.

"In data published by the PTAB, the board said it has granted, or granted-in-part, six requests to amend claims in 118 trials.

"The figures, published yesterday, May 9, were in response to concerns about the lack of accepted motions to amend claims in all of the PTAB’s proceedings."

Claim amendments typically help the applicant defend a controversial patent (or bogus patent), so the lower this ratio, the better the patent quality maintained by the board/s.

Patently-O pushed out an article by Saurabh Vishnubhakat, Associate Professor of Law at the Texas A&M University School of Law. Vishnubhakat wrote: "This action is itself a milestone, as the USPTO has designated only three other opinions as precedential over the last 22 months."

"Claim amendments typically help the applicant defend a controversial patent (or bogus patent), so the lower this ratio, the better the patent quality maintained by the board/s."Going back to MIP, it turns out there is a new PTAB chief judge. To quote: "The USPTO has announced a new chief judge of the Patent Trial and Appeal Board, after 10 months of Nathan Kelley serving as acting chief judge" (just 10 months). Ruschke was mentioned by a controversial patents-centric site where it says he "holds a PhD in organometallic chemistry from the Massachusetts Institute of Technology and a BS in chemistry from the University of Minnesota." Well, at least he's a scientist, for a change. He has background in "medical devices" or something along those lines. Here is the press release about this appointment and other coverage (mostly covered by technical and lawyer's news sites).

Recent Techrights' Posts

New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025