Bonum Certa Men Certa

A Fight Over Patent Quality in the United States

The court system versus a self-justifying patent 'industry', which tries to guard and expand its power by broadening patent scope ad infinitum

"But each proposal must be weighed in the light of a broader consideration: the need to maintain balance in and among national programs -- balance between the private and the public economy, balance between cost and hoped for advantage -- balance between the clearly necessary and the comfortably desirable; balance between our essential requirements as a nation and the duties imposed by the nation upon the individual; balance between actions of the moment and the national welfare of the future. Good judgment seeks balance and progress; lack of it eventually finds imbalance and frustration. "

--Dwight D. Eisenhower



Summary: The latest developments in the United States, which is now attempting to undo the damage caused by overpatenting -- a trap which the EPO and SIPO are currently being lured into

FOLLOWING the SCOTUS ruling on Alice -- a ruling which was embraced by the Court of Appeals for the Federal Circuit (CAFC) after corrupt people like Randall Rader had left (he is still trying to return to positions of power) -- software patents have been invalidated centre, right and left. It's actually pretty major news, typically celebrated by the patent microcosm, when a software patent is upheld by a high court as valid. Whatever the USPTO grants, it doesn't matter much until the patent is actually put up to the test at a court of law. More often than not we find out that the USPTO granted patents in error (worryingly enough a trend which will grow in Europe now that patents are flying off the EPO's shelves, including software patents that are by principle invalid).



"More often than not we find out that the USPTO granted patents in error (worryingly enough a trend which will grow in Europe now that patents are flying off the EPO's shelves, including software patents that are by principle invalid)."The US patent system became notorious for granting patents on all sorts of things provided it says "over the Internet", "on a computer", and more recently "on a phone". We saw one such example in yesterday's 'news', namely "Patent for smartphone connectable scanner published in USA" (it's about exactly what it sounds like, nothing novel here). One of the most notorious patent trolls in the US was going systematically after every conceivable business that could cough up money and used a scanner (we wrote about that many times before). It's something akin to business methods if not software patents.

It is in light of this that the arrival of PTAB is very much welcomed and needed. According to this new article, a "Versata Patent [is] Targeted By Ford Ineligible For CBM Review" by PTAB:

The Patent Trial and Appeal Board declined Wednesday to institute an America Invents Act covered business method review of a Versata Development Group Inc. software patent that was challenged by Ford Motor Co., finding the patent was not eligible for the review program.

The AIA states that the CBM program — which allows the PTAB to review patents on grounds not available in inter partes reviews, including that it is directed to an abstract idea — is designed for patents that are related to financial products...


Another new PTAB article from the a trolls-friendly publisher (IAM) bemoans these reviews and sobs for a firm that produces nothing at all. To quote:

According to Lex Machina, during the period between 17th January and 17th February, IP Bridge was on the receiving end of 18 IPRs filed by GlobalFoundries, 4 filed by Xilinx and one each from Taiwan Semiconductor Manufacturing Company (TSMC) and ARM.

The Xilinx petitions came on the same day that the US chip company made a complaint for declaratory judgment of patent non-infringement covering 12 patents. The San Jose-based company also challenged the validity of four of those patents. IP Bridge had earlier sued Xilinx in the Eastern District of Texas over two separate rights, neither of which is being challenged at the PTAB.


We wrote about this quite recently, after IAM had published another sob story for the aggressor.

It certainly looks as though PTAB is gradually becoming a force for good, whose workload is also increasing. It deserves expansion, i.e. more staff (the same goes for the EPO's appeal boards). People like Dennis Crouch try to slow PTAB down and yesterday he wrote about the term "technical", which itself is somewhat of an abstract term. He looked closely at Clarilogic v FormFree Holdings. He said: "The principle that patent prosecutors are following today is in the headline: Get Technical or Get Denied."

"It certainly looks as though PTAB is gradually becoming a force for good, whose workload is also increasing."MIP, another patent maximalist, wrote about a case against the US government and Elbit (covered here over the weekend). This was not the usual case outcome, so they like to bring attention to it (drawing attention to the 20% or so of cases that are ruled in favour of the patent microcosm).

What we ought to note here is that none of this is new; people who are in the business of patents just want more and more of them. They'll never have "enough".

"The patenting of living organisms remains controversial, despite decades of debate. Sirena Rubinoff provides a guide to the arguments," MIP wrote in a separate news article.

"The problem boils down to granting of patents based on greedy people's guidelines -- those who quantify the "success" of a granting authority (patent office) by the number of patents granted rather than the quality of patents granted (which is a much harder thing to objectively measure)."These patents are outrageous and unacceptable; it isn't patent-eligible in most places. Even the EPO was forced, at least temporarily, to stop doing it (after it had repeatedly failed to comply with directives).

Such patents are not just abstract but pertaining to naturally-recurring (reproducible in nature) things. How long will it take for people to recognise that sites like IAM or MIP describe as a victim anyone whose supposed patents are not respected by courts? The problem boils down to granting of patents based on greedy people's guidelines -- those who quantify the "success" of a granting authority (patent office) by the number of patents granted rather than the quality of patents granted (which is a much harder thing to objectively measure).

Recent Techrights' Posts

Society Will Only Improve Owing to People Who Push Boundaries
Push boundaries with ideas and facts, not with forbidden language
Digital Sovereignty Discussed in the United Kingdom (UK)
Digital Sovereignty would be nice, but let's remember what contributes to it
IBM Adds Only More IBM Staff to the Fedora Council, They Like LLM Slop for Posting 'Articles'
It's like Canonical with Ubuntu, only worse
 
Links 19/06/2026: The Retweeting Class and Data Centres as National Security Risk
Links for the day
Don't Attack the Wives (or Spouses) of Pundits/Activists/Journalists
We will be writing several series about this in the future
Internet Relay Chat (Shorthand IRC) is Still Growing
Contrariwise, social control media is waning
The Register MS Published a New Page With "AI" 21 Times in It. It Was Paid SPAM.
The former editor of the The Register MS admitted to me (directly) that he knew all this "AI" stuff was stupid hype
Murdoch's Wall Street Journal (WSJ) Associates Dependence on a Ponzi Scheme With "the Future"
Those ludicrous ads (disguised as rankings) from WSJ deserve scorn and ridicule
The XBox Story is Still Fast-Developing, the Layoffs Are Confirmed to be Happening Already (Mid-June), Just Not "Officially"
Workers have Microsoft have long braced for what is happening this summer and will accelerate further in two weeks' time
Fake News From Rupert Murdoch's WSJ Could Not Keep IBM From Sinking
"2026 Best Companies for the Future"?
To GNU, AV2 Adoption May be a Year If Not Years Away
The leap between versions means that there is fertile ground for incompatibilities
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 18, 2026
IRC logs for Thursday, June 18, 2026
Gemini Links 19/06/2026: "Born and Raised by the Internet", Fifteen Years in Gopher
Links for the day
Links 18/06/2026: Clown Computing Has Harmful Sound, Facebook "Must Face the Music (Infringement Litigation)"
Links for the day
IBM Common Stock Down to About $250, It Was at $330 Just 17 Days Ago
Happy birthday IBM!
Microsoft's CEO Openly Admits XBox is Not Sustainable and Microsoft is Beginning to Admit Slop Isn't Working and Is Not Not Sustainable Either
Expect Microsoft cancellations next month (or later this month) to impact far more than XBox and some studios
EPO and Disabilities: Payments Allegedly Disabled
But people who do cocaine can claim paid "sick leave" (over 100,000 euros for no work at all) if the President sleeps with them
SLAPP Censorship - Part 110 Out of 200: Anti-SLAPP Reform Formally Advanced in the United Kingdom (UK) the Same Week the Serial Strangler From Microsoft (US) Does Forum-Shopping in the UK
The only language they understand is money. They don't understand privacy.
Links 18/06/2026: UK Social Media Ban for Minors, Finland Lifts a Nuclear Weapons Ban
Links for the day
'Article' With "AI" 27 Times in the Page, It's "Partner Content" (Paid Spam) as Usual at The Register MS
We deem this a timely reminder that a lot of the hype around slop is paid-for lies
Microsoft Layoffs Have Reportedly Already Started at ZeniMax
The overall scale is unknown
Cyber Show: "Our independence remains intact and we're set to continue relentlessly probing the world of digital technology with hard questions"
As one should
European Patent Office (EPO) Series: Leveraging the Lusitanian Connection
Mendonça no longer functions as an independent agent but rather as a fig-leaf for a mafia-like entity that prizes obedience over integrity and self-preservation over truth
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 17, 2026
IRC logs for Wednesday, June 17, 2026
The "Official" Numbers That Say "Microsoft Layoffs" Will be Misleading
The scale of the layoffs in gaming will be unprecedented
SLAPP Censorship - Part 109 Out of 200: When You Drag Family Members Into a Case Unrelated to Them Because Their Relative Published Something
This did not exactly surprise us given what we had already encountered
SUEPO Munich Informs/Contacts the German Government About the Situation at the European Patent Office (EPO)
Salary Erosion Procedure: Two letters to Germany
Gemini Links 17/06/2026: Feeling "Useful"; PISA Pen-and-Paper Cipher
Links for the day
Trajectory of O'Reilly: From Publisher of Books to Microsoft Advertiser
The state of the media is not good and when prolific book publishers start running ads as 'articles' or videos (never mind the disclosure) it is rather tasteless
Links 17/06/2026: Slop's “Crack Cocaine” Approach to Pricing, Microsoft's Rapid Shrinking of Gaming Business
Links for the day
Links 17/06/2026: "How Developers React to Slop-Scented Blog Posts", Police Caught Fabricating Evidence Using Slop
Links for the day
More Than 90% in European Patent Office (EPO) Ballot Vote for Continuation of Industrial Actions/Strikes, About Half Wish to Further Intensify These
Ballot results on intensification of actions
If Not Now, Then When?
If you are not part of the solution/s, then you're merely a vessel or passive participant
Microsoft Offers People 'Retirements' (Again) to Fake (Artificially Lower) Number of Layoffs, Those People Are Nowhere Near Retirement Age
Microsoft implicitly affirms huge cuts are coming
Gemini Links 17/06/2026: 10 Years in Canada, Wild Flower Explorations, and Microslop
Links for the day
European Patent Office (EPO) Series: The Portuguese Prodigy
In this part we will present some additional background information about Mendonça's activities before he joined the EPO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 16, 2026
IRC logs for Tuesday, June 16, 2026