10.09.18

Gemini version available ♊︎

Greg Reilly Inadvertently Makes a Case for Replacing/Improving the Patent System With a Wiki, Editable by All as Society Moves Forward

Posted in America, Patents at 7:20 am by Dr. Roy Schestowitz

Greg Reilly, IIT Chicago-Kent College of Law
Reference: Greg Reilly

Summary: Editable patents make a lot more sense in the age of the Internet and the World Wide Web; companies that rode the wave of the Net are themselves changing their patents on the go, sometimes because they simply attempt to dodge an evolving patenting criterion which nowadays looks down on software patents

IT SHOULD not be so surprising that some EPO and USPTO insiders, examiners included, know the limits of their occupation and the downsides of what they do, e.g. passing ‘weapons’ to patent trolls that create nothing but extract millions if not billions of dollars from those who do. Some even told us that, in their view, something like a Wiki in this Internet era (literature in the old sense of the word is dying) would be more suitable for supporting progress or “innovation” (that latter term is favoured among patent merchants).

Posted on Sunday (7th of October, 2018) was this new paper from Greg Reilly (IIT Chicago-Kent College of Law). Trying to make patents non-static, realising that many US patent claims are bunk and the patents themselves fake (as affirmed later by courts), is nothing new. It’s already done to a certain extent in several patent offices, with edits made before and after granting, sometimes after Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs).

The abstract says: “Patent claims traditionally have been freely amendable to overcome a finding of unpatentability. For that reason, the Patent Office’s restrictive approach to amendments in new post-issuance review proceedings created by the America Invents Act provoked strident criticism; generated administrative, statutory, and constitutional challenges; and fractured the Federal Circuit. This Article supplies the comprehensive evaluation of the costs and benefits of patent claim amendments, both in examination and post-issuance, surprisingly missing in the literature.

“The results are mixed. Amendments in initial examination are less clearly warranted than commonly thought, with the costs – primarily problematic drafting incentives – often overlooked and the benefits often overstated given other tools to protect patentees’ legitimate claim scope. Conversely, post-issuance amendments are more justified than often thought, with competitors’ reliance interests overstated, patentees’ reliance interests understated, and strategic behavior possible on both sides. Resolving the ambiguity in the optimality of claim amendments depends on a normative view of where to place the risk of error – hindering protection and incentives for inventors when warranted amendments are denied or hindering competition and follow-on innovation when unwarranted amendments are allowed.

“This provides important policy insights. First, because claim amendments invoke the patent system’s basic trade-off between innovation and competition, they offer a promising, but underutilized, tool for Congress to adjust this balance. Second, given the ambiguity in the justifications for claim amendments, the long-standing liberality towards amendments, and the Patent Office’s historically-limited role, the Patent Office probably should not adopt an overly restrictive approach to post-issuance amendments without clearer direction from Congress, despite having the power to do so. Third, the best policy for post-issuance amendments may be a discretionary, case-by-case approach rather than a “one-size-fits-all” approach that is likely to generate significant errors.”

Not too long ago a reader told us that Amazon had modified its more controversial patents. Instead of these patents being thrown out Amazon was given a chance to ‘correct’ these on the go, defeating the whole purpose and essence of the patent system. Should we start editing millions of patents, adding version numbers to each? Or editions (like in books)? It’s absurd. Maybe one should accept that the way things are currently being done is rather antiquated; it’s suitable for the age of libraries, a residue of an era when literal transportation of books was the means of “technology transfers”.

Speaking of Amazon, recall its record on patents; the company is about surveillance and delivery rather than manufacturing (it doesn’t really produce anything itself). Amazon captures data, worldwide, for the security state to process (AWS). Alexa/Echo etc. (with the Amazon logo added to them) are listening devices connected to Amazon’s back end (like AWS) for processing. All the manufacturing is left for China to do (merchandising is Amazon’s core business) while Amazon staff is treated as worse than slaves. We previously gave examples of Amazon’s patents on oppressing its workers (putting them in cages, shackling them with surveillance wristbands etc.) and the latest creepy Amazon patent is this from the news:

If Amazon follows through on a pair of patent applications, future fulfillment centers could be transported on their rounds by trains, ships or trucks and deliver their goods with autonomous drones flying out from the tops of shipping containers.

The on-demand system for package delivery is covered in two applications that were filed a year and a half ago but published just today. The inventors are principal software engineer Brian Beckman and intermodal program manager Nicholas Bjone.

Other patents on Orwellian fiction [1, 2] now include “autonomous police car patent,” to quote the former, with the latter being titled “Walmart Patent Wants To Monitor Your Health & Stress Levels While You Shop” (associating patents more and more with oppression).

Things need to change in order to improve the public image of patent offices and patents in general.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  2. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  3. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  4. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  5. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  6. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  7. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  8. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



  9. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  10. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  11. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  12. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  13. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  14. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  15. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  16. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  17. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  18. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  19. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  20. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  21. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  22. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  23. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  24. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  25. Links 22/10/2021: Global Encryption Day

    Links for the day



  26. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  27. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  28. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  29. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  30. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts