Bonum Certa Men Certa

The Patent Microcosm Still Demonises Alice, PTAB, and Patent Reform (AIA)

Summary: The efforts to crush patent progress in the United States are too easy to see and very easy to rebut, using simple facts that are being defended by courts

THE misleading characterisations keep flying about and the patent maximalists want us to believe that they stand for innovation. The truth is, most of them just have a degree in law (or none) and have never innovated/invented anything in their entire life. To them, the USPTO is just a cash cow, it's nothing to do with science and technology. They'll never openly admit it, but deep inside they can feel it.



"They hate PTAB's guts with a great passion and they hate anyone who facilitates PTAB, including Michelle Lee."The patent maximalists are of interest to us. We watch them closely enough to know what they're up to and which trick/s they have up their sleeve. We rebut their arguments in simple terms that anyone out there can understand and it typically drives them nuts. They insult us, just like they insult judges. Watchtroll is calling PTAB "impotent" and habitually attacks judges. Watchtroll's writer who recently attacked Michelle Lee was attacking PTAB yesterday, as usual. It's a lobbying site for patent trolls and their lawyers, so no surprise there. They hate PTAB's guts with a great passion and they hate anyone who facilitates PTAB, including Michelle Lee. They will never make allies with tweets like these:

Paul Morinville sickened



When challenged, this is what he told me:

Paul Morinville on Google



So conspiracy theories against Michelle Lee turn into conspiracy theories against me. Maybe he also thinks Google is "Illuminati" or something... or that it controls the entire planet, yours truly included (I never worked for Google or even had it as a client at work).

The attacks on PTAB are not limited to the cesspool which is Watchtroll ("IP Watchdog"). Patently-O has been doing the same thing, albeit with a more diplomatic language (the "scholar" façade).

"The attacks on PTAB are not limited to the cesspool which is Watchtroll ("IP Watchdog")."There are more openings/opportunities for invalidation of patents based on prior art, more so post-AIA (2011), so yesterday and today Patently-O wrote a couple of posts [1, 2] in which the maximalist argued that "a Federal Circuit has interpreted the post-AIA on-sale bar of 35 U.S.C. €§ 102 to include sales made available to the public (i.e., noticed in an SEC filing), even if the published portion does not fully disclose the invention."

He said that the "PTO needs to immediately change its rules, and some prosecutors will need to start disclosing again."

"These issues," he wrote in a followup post today, "involve an interesting and largely unresolved mix between statutory prior art and “non-statutory bars to patentability.” The outcome of this mix becomes quite relevant and important once we begin focusing on obviousness. The Post-AIA obviousness statute redoubles its focus on the prior art – as such any non-statutory-bars eventually developed by the courts should probably not qualify as prior art for obviousness purposes."

"Thankfully, however, courts in Japan have been getting tougher on patents and are now closely scrutinising all these rubbish patents."Put in very similar terms (people with law degrees like to over-complicate things), when someone produces something -- with or without a patent -- that thing can be considered prior art, obviousness aside. It takes the patenting bar even higher, as many patents (software patents for sure) can be discredited by simply pointing to a working prototype/code that predates the date of filing.

No post about patent maximalism would be complete without IAM's pearls of 'wisdom' (mind the scare quotes for sarcasm). This morning it once again piggybacked Japan (JPO has been used as a lobbying tool of IAM quite routinely as of late) to shame the US into granting abstract patents on business methods. Here is the relevant part:

In the United States, Supreme Court decisions in eBay (2006), Bilski (2010) and Alice (2014) have significantly reduced the prospects of obtaining patent protection on such inventions – as well as of successfully enforcing business method patents where they have been obtained.

In Japan, the reverse appears to be true. Applications for patents on business-related inventions hovered between 2,000 and 4,000 until a massive spike to 19,231 in 2000 – almost a fivefold increase on the figure for 1999 – which the JPO ascribes to the effects of “judgments and litigation over patents on business methods in the United States”. This application rate slowed over the following years, though – unlike the general picture in Japan when it comes to patent filings – business method applications have generally risen in number each year since 2011.


That's not a good thing. It's a very, very bad thing. Thankfully, however, courts in Japan have been getting tougher on patents and are now closely scrutinising all these rubbish patents.

Recent Techrights' Posts

Parties and Milestones Again
we've begun putting up about 40 balloons
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete
 
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Links 26/10/2025: Microsoft Spies on Gamers, Open Transport Community Conference
Links for the day
Links 26/10/2025: LLM Slop / Plagiarism Programs Continue to Disappoint, CISA Layoffs Threaten Systems
Links for the day
Gemini Links 26/10/2025: Gemsync and Joining the Small Web
Links for the day
India.com a Click-baiting, SEO-Spamming, Slopfarming Heap
They do this almost every day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 25, 2025
IRC logs for Saturday, October 25, 2025
Without XBox Consoles, XBox is No More, It's Just a Brand (More Rumours of Microsoft Ending XBox, Then Laying Off Lots of Staff)
All signs indicate that Microsoft wants to "exit" the XBox business (not brand), but it does not want to publicly admit this as it would alarm staff and shareholders
Gemini Links 25/10/2025: Portugal, Midnightpub, and "Tech Right Admins"
Links for the day
Almost 2026 Already (When We Turn Twenty)
In just over a year the site will turn 20
When "Sponsored Feature" in The Register MS Means Ponzi Scheme Promotion From the Communist Party of China (CPC)
the promotion of a financial scam
Week of EPO Leaks: Workers of the EPO Are Getting a Pay Cut While Prices Rise Fast
More to come in the next few days
Microsoft is Finally Giving Up on XBox, The Chief Says the Grapes Are Sour Anyway
Microsoft loses hundreds of dollars on each XBox that it sells
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025