01.02.20

Invalid Patents ‘Great Again’?

Posted in America, Patents at 10:54 am by Dr. Roy Schestowitz

Andrei Iancu putting his longtime advocacy of software patents into practice (even if it's illegal)

Disappointed

Summary: Disappointed patent recipients to come? The USPTO has apparently resumed mass allowance of bogus patents which are abstract and would therefore fail 35 U.S.C. § 101 tests in American courts

TWO blog posts caught our attention yesterday and we’ve already mentioned these in Daily Links. But these merit futher debate. They show that the U.S. Patent and Trademark Office (USPTO) disregards 35 U.S.C. § 101, dis-empowers the Patent Trial and Appeal Board (PTAB) where inter partes reviews (IPRs) remove fake patents, and leaves the Federal Circuit — an actual court — to clean up the mess.

“It’s an attack on the legal mechanisms — similar to what we’ve been witnessing at the EPO.”Shades of António Campinos (and prior to him Battistelli) at the European Patent Office (EPO). They’re using the “hey hi” (AI) hype to justify abstract software patents [1], the judges are being besieged [2], and as a result more patents are being granted [3] — irrespective of underlying legitimacy.

As we put it yesterday in Daily Links, the USPTO “lowered patent quality again (by granting loads of illegal patents such as abstract ones, using ridiculous loopholes)” and “software patents booster Michael Borella (no, he’s no coder) [wrote about] the Office cherry-picking PTAB cases so as to continue granting illegal, fake, bogus, laughable patents…”

According to Unified Patents, PTAB proceedings were down by a quarter last year, just as Iancu had planned and hoped. It’s an attack on the legal mechanisms — similar to what we’ve been witnessing at the EPO.

Related/contextual items from the news:

  1. USPTO Makes Ex Parte Linden An Informative PTAB Decision

    Moreover, the Examiner found that the claim also fails under the second step of Alice. To that point, the Examiner wrote that the claimed invention “[d]oes not amount to significantly more since it is just decoding a transcription using a mathematical formula or relationship.”

    [...]

    This case is of note because it is one of the first in which the PTAB has confirmed that a machine learning invention can be non-abstract. While the USPTO’s example 39 has suggested that one can claim a machine learning procedure without reciting any of the underlying mathematics, a mental process, or a method of organizing human activity, this decision affirms that is the case. The PTAB also seemed persuaded, based on statements made in the specification, that the claimed invention entails an improvement over previous techniques used to address the problem domain.

    Of course, a district court or the Federal Circuit might agree or disagree. But, at the very least, the reasoning herein provides a roadmap for claim drafting and prosecution that may situate an invention to pass § 101 muster in the USPTO.

  2. 2019 Patent Dispute Report – Year in Review

    Keeping with the trend of previous years, the volume of new patent disputes decreased yet again in 2019. However, the number of patent disputes involving Non-Practicing Entities (NPEs) increased by 4% compared to 2018, perhaps fueled in part by the sharp decrease in new PTAB petitions and low institution rates.

    Highlights:

    - The number of new PTAB proceedings (IPRs, CBMs, and PGRs) is down 23% compared to 2018. Meanwhile, the PTAB’s institution rate in IPRs has remained steady with trial being instituted in 62% of proceedings in 2019.

  3. How Many Patents Issued in 2019?

    New Record – 354,507 Utility Patents issued by the USPTO in 2019. The decade (2010s) also outstripped any other decade by leaps and bounds.

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/2020/01/02/the-great-invalidation-again/

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. The Death of Freenode Would Be Freenode's Own Fault

    Freenode is going dark and now it’s asking people to create accounts at IRC.com (just to get back into the network that they may have already occupied for decades) as if Freenode owns “IRC” as a whole



  2. Links 31/7/2021: KDE Progress and Activision Catastrophe

    Links for the day



  3. IRC Proceedings: Friday, July 30, 2021

    IRC logs for Friday, July 30, 2021



  4. The Smartest Meter of All

    Yesterday a lady came over to take our power readings (electric/gas meter); secure these people's jobs as they help protect people's privacy (dignity) at home



  5. [Meme] A Web of False Dichotomies

    A reminder that Techrights is fully available (all blog posts and wiki pages) in gemini://



  6. Freenode Shrinks by Another Quarter and Gemini Continues to Grow (For Techrights at Least)

    Freenode continues to perish faster than we've imagined; it's a good thing that we've had contingencies set up; regarding the monopolised and increasingly centralised Web, we're still making baby steps towards weaning ourselves off it



  7. Links 31/7/2021: Wine 6.14 and Chrome 93 Beta

    Links for the day



  8. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.



  9. Links 30/7/2021: Distro Comparisons and Tootle Introduced

    Links for the day



  10. [Meme] Enforcing ILO-AT Rulings...

    We’re still waiting for a statement — any statement (direct or indirect) — from EPO management, seeing that almost a month has passed



  11. 'Open Source' as a Failed Initiative

    A closer look at the dire state of the Open Source Initiative, or OSI, which no longer protects Open Source (let alone software freedom) but instead helps openwashing, Microsoft entrapment, and a coup against the FSF



  12. [Meme] Rowan and António Sittin' on a Tree...

    How much longer can Team Campinos keep issuing tons of noisy and self-congratulatory puff pieces to (perhaps) distract from the elephant in the 10th floor of the Isar building (EPO HQ)? Staff won't wait for eternity.



  13. IRC Proceedings: Thursday, July 29, 2021

    IRC logs for Thursday, July 29, 2021



  14. Half the People in This Letter Are IBM Employees

    IBM seems to be continuing its war on the FSF because IBM wants to own everything (CentOS being ‘canned’ was just part of the plan)



  15. The OSI Song

    The sad demise of OSI, which has become little but a front group of proprietary software companies in pursuit of openwashing services (and outsourcing to proprietary disservices looking to eradicate copyleft)



  16. [Meme] OSI is Doing Just Fine

    So what if OSI is run by someone who raised money from Microsoft (to sell Microsoft a keynote slot in a copyleft event — the thing that Microsoft attacks through GitHub!) while funnelling the OSI's funds to a serial GPL violator?



  17. The OSI's Defunct Elections (Privacy Breach), Conflict of Interest (Nicholson), and Other Lingering Problems

    The above, together with an email from the OSI below, serves to show they’re re-running a bad election and — yet worse! — there appears to be a conflict of interest implicating the OSI’s sole member of staff!



  18. Links 30/7/2021: Audacity 3.0.3 and KD Chart 2.8.0

    Links for the day



  19. Links 29/7/2021: siduction 2021.2 and Xubuntu 21.10 Dev Update

    Links for the day



  20. GitHub is Racism

    Microsoft has the world's most racist code hosting repository; it wasn't like this when Microsoft took over as the racist policies were added to impress Donald Trump, who would later rig a procurement/tendering process to bail out Microsoft (10 billion dollars from the Pentagon, i.e. taxpayers)



  21. [Meme] António Lost His Power Over Patent Examiners

    Team Campinos at the EPO must be rather stressed at the moment; the people who do all the work can go on strike any time (or all the time, until/unless demands are met)



  22. European Patent Office is Going on Strike (or Strikes)

    The staff of the EPO is ready to strike like never before (dissatisfaction and outrage over 8 years of gross injustice, namely Battistelli's breach of fundamental rights, including the right to strike)



  23. Crying “Wolf!” About Systemd is Only Beneficial to IBM and Systemd Developers/Pushers

    Microsoft controls Systemd only to the extent that Systemd is controlled by GitHub, which is in turn controlled by Microsoft; But Systemd has long been on that proprietary platform (its developers don’t truly value software freedom) and this has long been a problem, even before Microsoft hijacked it for coercive power



  24. Links 29/7/2021: Mesa 21.2 RC3, FSF Responds to Microsoft's 'Hey Hi' Attack on Copyleft

    Links for the day



  25. IRC Proceedings: Wednesday, July 28, 2021

    IRC logs for Wednesday, July 28, 2021



  26. [Meme] No Crime Goes Unrewarded at the EPO

    It is more or less undeniable that from a legal and functional perspective the EPO is already defunct and is still perishing under a couple of Mafiosos whose sole interest is cover-up and grifting/plunder (of what’s left of the Office after almost 40 years of goodwill/reputation); the recent G 1/21 fiasco was just icing on the cake and the EU’s insistence on a patently unconstitutional UPC (more legal powers for chronic EPC violators) actually weakens unity in Europe (by discrediting the Union)



  27. [Meme] There's Always a Way (When Financial Results Are Not So Good...)

    Too many US ‘tech’ companies still lie to their investors. They choose financial engineering instead of real engineering.



  28. Links 28/7/2021: OPNsense 21.7 and MX Linux 21 Beta

    Links for the day



  29. The One Reason I Cannot Get 'Google News' (or Google) Completely Out of My Life

    Google has got almost a monopoly on (nearly) real-time news syndication; this is why, for our Daily Links at least, we still rely on Google News to a certain extent



  30. [Meme] When Sociopaths or Psychopaths Run Europe's Second-Largest Institution

    The EPO has a very profound issue because it is run (and ruined) by insecure thugs with inferiority complex, so they form cliques of friends of theirs instead of actually qualified people, in effect creating personality cults that laugh at the law and disregard any obligations to the institutions/staff they were entrusted to manage


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