02.12.19

USPTO Director Iancu Works for Anti-SCOTUS (Against Section 101) Lobbyists

Posted in America, Law, Patents at 2:58 am by Dr. Roy Schestowitz

Last year: The Patent Microcosm is Trying to Derail Patent Reform and Make Iancu the ‘American Battistelli’

Trump and Iancu

Summary: The United States Patent and Trademark Office Director Andrei Iancu is becoming to the patent system what Ajit Pai is to the FCC or to the broadband industry; there appears to be intentional vandalism and total disregard for the rule of law

HAVING just written about violations of the EPC at the European Patent Office (EPO), let’s look at similar abuses at today’s USPTO, which disregards Federal Circuit decisions and besieges the Patent Trial and Appeal Board (PTAB), the equivalent (more or less) of EPO’s BoA.

“We foresaw this all along, even before he got the job.”Mr. Iancu gleefully violating the laws that govern the Office doesn’t surprise us. We foresaw this all along, even before he got the job. We had been writing about this for over a year.

Watchtroll, its striking lack of any comments lately and its connections to Iancu notwithstanding (those too are well documented), has just published “Iancu Highlights U.S. Role in the Future of Innovation in Remarks at U.S. Chamber’s [COC] Global IP Index Reception”. Gene Quinn of Watchtroll basically reveals that Iancu now revels in the presence of this crooked bunch. He is aligning with corrupt COC. Surprising? No. Remember who he got this job from; it was crooked Trump. He got this job after his firm had worked for Trump (hallmark of corruption) and now he is serving the litigation ‘industry’ rather than the Office he works ‘for’ (similar to the pattern of FCC, EPA and so on).

“How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that).”What does COC say? Well, the usual. But rather than amplify the lies, as the corporate press around the world has done over the past week, let’s just say that it’s the same as what we saw before, e.g. [1, 2, 3]. It’s lobbying for patent trolls’ interests. “Following are remarks delivered by United States Patent and Trademark Office Director Andrei Iancu at the event, after being introduced by GIPC President and CEO,” Quinn wrote. He also typed up some nonsense titled “The ‘Iancu Effect’ Won’t Matter if Not Supported by the Courts or Congress” (the ‘Iancu Effect’?!). So basically they say that the USPTO can just disregard the law (“Courts or Congress”) and the expectation is that lobbying by COC et al can change what “Courts or Congress” do. How typical of these people, who routinely attack judges for their decisions (Quinn has a long and extensive track record doing just that). They also attack politicians rather crudely for ‘daring’ (or finding the courage) to promote science and technology rather than patent trolls.

“Iancu is already angering groups that are supported by technology firms.”Sadly, we live in bizarre times when agencies tasked with regulation actually do the exact opposite or what they were supposed to do. The USPTO is becoming just that under Iancu’s oversight. It tarnishes the reputation of the USPTO in the same way Ajit Pai destroys what’s left of the FCC and various people do at the EPA. There are many other examples like these across the US government. The likes of COC are allowed to toy around with public policy and the same goes for the Koch Brothers. COC’s index is based on self-serving lies and a couple of weeks ago a Wall Street press apparatus also perpetuated the myth that innovation happens or exists only when there are patents (expensive; large companies can get lots of bogus ones). What is the goal of today’s USPTO? Does it not realise that there’s a crisis of confidence in US patents due to a torrent of false grants (those that had been granted over the past decade or two)?

Iancu is already angering groups that are supported by technology firms. “The @uspto proposal is an example of the agency putting its thumb on the scale in favor of #patent applicants at the expense of the public,” United for Patent Reform wrote this week, linking to the EFF’s recent piece about Iancu. There’s a new article from Joe Mullin/EFF video about “How Justus Decher Beat a Patent Troll”. It was published yesterday and said:

Thousands of patent lawsuits are filed each year, and most of them deal with computer technology and software. Nearly 90 percent of those high-tech patent lawsuits are filed by shell companies that offer the public no products or services whatsoever. These patent-assertion entities, also known as “patent trolls,” simply enrich their owners by extracting money from operating companies.

In recent years, the Supreme Court has limited patent venue abuses, made fee-shifting easier, and most importantly, made it easier to throw out bad software patents in its Alice v. CLS Bank decision.

Patent troll lawsuits hurt real small businesses owned by regular people, most of whom don’t have the millions of dollars that would be required to defend themselves through a patent trial. We created our “Saved by Alice” project to tell their stories—the stories of company founders and entrepreneurs, who were able to keep on innovating because of the Alice decision.

The “Saved by Alice” project is a good initiative against software patents. Those patents are typically leveraged by trolls against a large number of small companies; the large targets can afford a legal challenge.

“It won’t mean a comeback of software patents but of bogus ones.”Want to stop a patent troll and make money at the same time? Unified Patents is looking to leverage prior art rather than 35 U.S.C. § 101/Alice (SCOTUS) against a troll. In its own words (half a day ago), it is “seeking prior art for US 7,010,508 owned by and asserted by Landmark Technology, LLC, a well-known NPE.” There’s a thousand-buck award.

The bottom line is, many bogus patents are still being granted by the USPTO and rather than improve patent quality Iancu is seeking to lower quality even further. That would, as we argued a month ago, cause a crisis of confidence. It won't mean a comeback of software patents but of bogus ones.

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2019/02/12/anti-scotus-iancu/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. [Meme] Outsourcing Audacity Development to Microsoft Proprietary Software and Then Copying Microsoft Tactics (and 'Telemetry')

    They've had the audacity to call it "telemetry" and pretend that surveillance companies (spying giants) cannot figure out who you are based on IP addresses



  2. Links 7/5/2021: IPFire 2.25 Core Update 156 and Diffoscope 174 Released

    Links for the day



  3. The New Microsoft? No, the New IBM.

    Microsoft GitHub and IBM: a strategic alliance between a monopolistic duo



  4. The Audacity Takeover by Muse Group is No Cause for Celebration

    Audacity is now part of an entity called Muse Group and if it doesn’t take or suck freedom out of Audacity, it will certainly deny users rather basic concepts (or anticipation) of privacy



  5. King of Linux

    If the entire operating system is being called "Linux", then we fall for a publicity or misattribution stunt



  6. The Biggest Troll is the Linux Foundation, Still Looking to Provoke and Defame Free Software Communities in Order to Help a Monopolistic Takeover and to Shoehorn Tyrants Into Leadership Positions

    Contrary to what the so-called ‘Linux’ Foundation is trying to say, the most toxic element is itself; it’s maligning the real community while protecting abusive and racist corporations that profit from war and tribalism-motivated hatred



  7. IRC Proceedings: Thursday, May 06, 2021

    IRC logs for Thursday, May 06, 2021



  8. “The Lolita Express” and Prince Bill

    “The Lolita Express” scandals return to haunt pool old Bill, as it turns out his wife was upset and it's quite likely the reason for their divorce



  9. Links 7/5/2021: GNU/Linux Preinstalled, Plamo 7.3, LibreOffice 7.1.3

    Links for the day



  10. The Latest Reports About Bill Gates Serve to Confirm or at Least Reaffirm Many People's Suspicions

    So, just as many people suspected, Melinda Gates did not appreciate her husband sneaking behind her back to meet someone who had trafficked thousands of underage girls for sexual exploitation and there are high-profile calls right now for greater transparency, seeing the impact on the world’s biggest tax evasion vehicle



  11. Disregard Web Sites That Call Themselves 'News' and Instead Promote Proprietary Software for Companies Like Microsoft

    Publishers like IDG have long been paid-for marketing in ‘article’ clothing, sometimes with the veneer of ‘reporting’ (as if they have some inside knowledge or insight, e.g. speaking with or for the company they secretly coordinate with or market for); but sadly we’ve been seeing some so-called ‘Linux’ sites doing the same thing, in effect acting like de facto Microsoft marketers



  12. [Meme] Who Needs Examination Anyway When There's 'Hey Hi' (AI)?

    The patent production line could do away with 'pesky' and 'opinionated' examiners who actually wish to scrutinise alleged 'inventions'



  13. Europe's Second-Largest Institution Corrupting the Media and Buying Expensive Puff Pieces

    As annual reports reveal, the EPO wastes an extraordinary amount of money on reputation laundering campaigns and it pollutes the signal by paying publishers; we examine this issue using the new 'reports' shown in the video above



  14. Links 6/5/2021: Fedora’s Compiler Policy and Celemony Software GmbH Adopting Free Software

    Links for the day



  15. Free Software Proponents Don't Fall for Bullshit (Same is True for EPO Examiners)

    There are parallels between what happens in the Free Software Movement and the EPO, where well-meaning people — and usually hard-working scientists — are besieged by people who never really contributed anything to society



  16. IRC Proceedings: Wednesday, May 05, 2021

    IRC logs for Wednesday, May 05, 2021



  17. Lessons From Another Failed Coup Against the Free Software Movement

    The coup has very clearly failed and we should prepare for future attempts (they go in cycles); the monopolies really dislike software they cannot control fully (e.g. copyleft/GPL-licensed software)



  18. Links 5/5/2021: Mesa 21.1 Released and New Releases of Python

    Links for the day



  19. Links 5/5/2021: StarLabs, GNU Zile 2.6.2, Fedora i3 Spin

    Links for the day



  20. Phony 'Scandals' From Phony 'News' Site ZDNet

    Steven J. Vaughan-Nichols continues the coup against the FSF (trying to separate it from its founder, Richard Stallman), funded by IBM and Microsoft to engage in libel at a marketing company-owned ‘news’ site called ZDNet



  21. Links 5/5/2021: Windows Security Breaches and GNU Pokology Launched

    Links for the day



  22. IRC Proceedings: Tuesday, May 04, 2021

    IRC logs for Tuesday, May 04, 2021



  23. Links 4/5/2021: Taiwins 0.3, KDE Plasma 5.21.5 Released

    Links for the day



  24. EPO Already Wasting Money on Media Manipulation Campaigns for European Inventor Award

    An online-only European Inventor Award 'event' is being used as a pretext/excuse to flood European publishers with money they can rightly perceive as 'hush money'; everyone out there with no spine would likely buckle at the sight of EPO euros and just produce mindless puff pieces that serve to distract from EPO corruption



  25. The Timing of This Melinda Gates Tweet Was Always Curious...

    Remarking on her trip to Africa, where the Gates family lobbies for monopolies on seeds (for profit or course, notably through Monsanto/Bayer, which the Gates family heavily invests in), she posted pure fluff and old photos. And it’s hard to believe she had nothing better to do at the time (better than such nostalgia). As we noted last year: “The above tweet of a beach was posted [by Melinda Gates] on the date of the arrest/search of their employee, who was at their residence at the time.” He was arrested around the very same time this tweet was posted. As we wrote last year (based on detailed documents obtained from the police department): “This tweet was posted 2 hours and 40 minutes after the door was breached and incriminating evidence collected.” He was arrested later that morning at the mansion of Bill and Melinda Gates (the police records contain detailed timelines to confirm the chronology). Melinda’s first name was also in the CP 'stash'.



  26. Media Frenzy Around Gates Divorce Helps Distract From Bill's Crimes

    The distraction from many Gates scandals is cushioned by yet another personal fluff; we would rather see investigative journalism pursuing real answers about real scandals



  27. IRC Proceedings: Monday, May 03, 2021

    IRC logs for Monday, May 03, 2021



  28. EPO Disregards Animal Welfare

    An often overlooked issue surrounding the second-largest institution in Europe is its impact on millions if not billions of animals; there's ongoing research into that



  29. Links 3/5/2021: Sparky 5.15, Bill Gates Divorce, Netflix Fraud

    Links for the day



  30. Links 3/5/2021: New in OpenBSD 6.9 and Audacity Acquired By Muse Group

    Links for the day


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