Bonum Certa Men Certa

USPTO and EPO Openly Brag About Breaking the (Case)Law to Grant Software Patents That Courts Would Reject, Even the Very Highest Courts

Just like the EPO, the USPTO nowadays gloats and openly celebrates abandonment of patent quality (with a so-called 'Chief Economist' spinning that as a positive thing)

Patents, patents for everybody! Fill up the trolley!



Summary: The American (US) patent office, the world's most important patent office, admits that it grants loads of junk patents by devising a way (unlawful guidelines) for undermining caselaw and allowing patents courts would almost certainly reject (if it came to that)

THE LONG BATTLE against software patents carries on. Progress was made over the years, good news came our way on occasions, but amid some won battles there's still a lost war. The EPO and USPTO continue granting loads of software patents and many accused parties (defendants or those subjected to threats without an actual lawsuit) cannot afford lengthy legal battles and appeals. It can cost a couple million dollars for just one single patent if one considers the appeal routes in the US. When it comes to patents granted by the European Patent Office, the cost depends on the country or countries of enforcement.



"We've moved from professors of science to a bunch of so-called civil 'servants' who serve nobody but law firms, helping them hijack every aspect of a system originally envisioned as promoter of science."António Campinos and his appointer lack scientific background and they never created anything, not even code. They're just what they seem on the surface; they're cheap and dishonest politicians. They're manipulators.

Compared to them, the 35 U.S.C. €§ 101-hostile Andrei Iancu is 'class act'. Sure, he got the job because of Donald Trump and his constant promotion of software patents (even before he netted this job) helped him. But at least he has some background in science. The same can be said about some past EPO presidents and past USPTO Directors, including Iancu's predecessors.

"What good are patent offices that boast incredible 'production' where that production is basically a production of rubbish?"What happened in Europe is rather sad. We've moved from professors of science to a bunch of so-called civil 'servants' who serve nobody but law firms, helping them hijack every aspect of a system originally envisioned as promoter of science. With the UPC dead the EPO now realises that it cannot fool justice or spit in Justices' faces. Sooner or later it spits down on them. It all comes crashing down, just like a growing number of European Patents (we're adding some new examples of these to Daily Links).

What good are patent offices that boast incredible 'production' where that production is basically a production of rubbish? What good are a million patents half or more of which are of dubious quality and likely not valid (formal invalidation takes a pricey process, which must be initiated by someone).

"Obviously the law firms love it; it's not "their problem" per se when a client gets fake patents, which turn out to be worthless."Earlier this week we saw Janal Kalis and others mentioning the latest nonsense from the USPTO, boasting what it really ought not boast about. Instead of demonstrating that courts increasingly affirm its decisions the USPTO brags about ignoring SCOTUS and the Federal Circuit, which is a really dumb thing to do. The USPTO is telling stakeholders and applicants that it will be easier to get bogus patents, no matter their toothlessness in actual courts. They actively reduce confidence or certainly, then misuse the concept of "predictability".

Obviously the law firms love it; it's not "their problem" per se when a client gets fake patents, which turn out to be worthless. We know who pays the price for such a fluke; it's not the law firms, which charge hourly...

A post by Charles Bieneman, a dedicated proponent of software patents (his whole blog is about that), said this:

According to a recent report by the USPTO’s Chief Economist, the Federal Circuit’s 2018 Berkheimer decision and the USPTO’s January 2019 patent-eligibility guidance have reduced both the frequency and uncertainty of examiners’ patent-eligibility rejections under and 35 U.S.C. €§ 101 and the Alice/Mayo test.

Anecdotally, for a number of months it has seemed that examiners were making fewer patent-eligibility rejections than they had been in the years following Alice. The January 2019 guidance in particular, as I wrote at the time, seemed designed to reduce Alice rejections. As this graph illustrates, that has proven to be true. Alice rejections peaked prior to Berkheimer; the USPTO points to its April 2018 memorandum modifying €§ 101 examination procedure in light of Berkheimer as accelerating the downward trend. But again, the dramatic downturn in patent-eligibility rejections occurred after the January 2019 guidance.


So... they're basically encouraged to ignore the highest US court and grant bogus patents anyway.

How is that a good thing?

"How is that a good thing?"We pointed this out earlier this year after the USPTO had reported its so-called 'results', which showed growth in low-quality patents.

Sounds familiar? Yes, the EPO.

Eileen McDermott of Watchtroll has just published "A Look at the Data: USPTO Chief Economist Analyzes Effects of Section 101 Guidance on Predictability in New Report"

Predictability in courts?

No.

The opposite.

"Predictability in courts? No. The opposite."Apart from parroting the talking points of Andrei Iancu, what these people do is celebrate violation of and deviation from the law.

Dennis Crouch wrote: "The chart above comes from the USPTO Chief Economist’s office and is explained in the USPTO’s new report on Post-Alice Examination of Eligibility."

That never names this Chief Economist. In the EPO it seems to be some prop of Battistelli, whom we wrote about many times before. They're docile and obedient to a particular agenda; neither independent nor objective. The whole thing is just a marketing charade. Their message is, send us more applications and we'll grant lots of them!

In Twitter the USPTO wrote: "Supreme Court’s 2014 decision in Alice Corp. led to a rise in patent application rejections in certain tech areas (software). Our report shows how this trend was significantly reduced after issuance of revised patent examination guidelines in 2018 and 2019..."

"What are they hoping to accomplish here? They say nothing about the affirmation rates (as per US courts or even PTAB)."They have included a PR/marketing-type animation. Translation or meaning of it? Well, a Trump appointee is breaking the law to grant many illegal patents and fake 'growth'...

What are they hoping to accomplish here? They say nothing about the affirmation rates (as per US courts or even PTAB). The USPTO now mimics illegal behaviour of EPO management and hardly even hides this agenda. As this response to the USPTO put it: "Your illegal guidelines are not in line with Alice. Someone should submit them to Court for a legal challenge."

The original page says:

A new USPTO study finds that the 2014 U.S. Supreme Court decision in Alice Corp. v. CLS Bank International significantly increased the percentage of Section 101 rejections in first office actions received by patent applicants and, importantly, increased the degree of uncertainty facing applicants in the examination process. In two subsequence examiner guidance documents, the USPTO largely reversed these effects. Read more about the image below.


So basically Iancu said, ignore all those court decisions that we don't like and only pay attention to ones that make it easy to allow software patents. How is that a good thing? This is in line with Trump era lawlessness. It's good for trolls who prey on poor and vulnerable companies/people -- a free ticket to the racket.

Recent Techrights' Posts

What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day