Bonum Certa Men Certa

Conflict of Interest: Microsoft and IBM Controlling the USPTO and Leaving GNU/Linux Users Shut Out (in the Cold)

Video download link



Summary: The first part in a series about the USPTO protecting the cabal of proprietary software giants/monopolies, including improper appointments and outright corruption (as observed by a longtime critic of the Office)

THE U.S. Patent and Trademark Office (USPTO) Director-turned-lobbyist David Kappos was discussed here many times in the past. He came from IBM, worked for the USPTO, then returned to lobbying for IBM and Microsoft (among others). Nowadays he's lobbying hard for software patents (or to abolish/bypass 35 U.S.C. €§ 101). He's working for software monopolies while they fund him to lobby. It harms the image of the USPTO. The Federal Circuit has a similar problem with two former chief judges.



The issue with Kappos may seem like "old news", but here's the gist of it:

IBM Microsoft USPTO

As was explained at the time:

Kappos corruption

"Then, too," a reader has told us, "there is the issue of the USPTO not working with Linux, which might interest you."

"The Kappos-Politico article is something I found, where people in Congress were - back in the day - suspicious about Kappos being from IBM, and bringing with him a Microsoft guy. They implemented something called the Electronic Filing Incentive. Trying to force people to use computers and, of course, Microsoft."

"Can the USPTO moreover block GNU/Linux users wishing to file patents and interact with the Office?"We have been sent about 50 pages, but we are reproducing here just a subset of these (a lot of those deal with exuberant fees or marginalisation of "lone inventors", which is a legitimate concern, albeit not our focus).

We'd rather focus on the GNU/Linux compatibility issues alone. As we noted here in recent years, the USPTO intends to financially penalise (punish) people who don't use Microsoft formats [1, 2, 3] though it's clear Microsoft is somewhat of a thing of the past with just about 30% of the public using Windows or other Microsoft operating systems.

Can the USPTO moreover block GNU/Linux users wishing to file patents and interact with the Office? Look at the status of GNU/Linux in the US government, as per Wikipedia:

Linux in the US government - Wikipedia

Proprietary stuff is required by the USPTO:

Adobe-USPTO dispute combined screenshots to print

Adobe USPTO pages not found

Adobe stuff hasn't worked since 2013:

Adobe hasn't worked since 2013

"I'm a four-decade American inventor who has been fighting corruption at that USPTO for maybe about 15 years," the reader said, "and I recently made an important medical discovery, and filed a patent application, and the USPTO is threatening my application, simply because I use Linux."

We've been aware of such issues for a very long time. They range from formats to site access or specialised tools

 Who cares for me?"The Internet informs me that you are interested in USPTO corruption and medical biophysics and open-source software," the reader told me, "so, perhaps, maybe we can connect to discuss a few things, although you are on the high-tech end of things, which I am not. I suppose, broadly, my medical discovery would be considered medical biophysics, since it involves mechanical sound waves and their effect on the body, and, specifically, urological function."

We will likely revisit this issue some time in the near future. "As you can imagine," the reader said, "I'm extremely angry, and I'm right now finalizing a big report that I'm going to send to a bunch of people in DC, hoping to get something done. I'll send you the report when I finish it."

We've mostly been focusing on EPO corruption, but some overlaps exist across the pond, with European software patents being used as an excuse against SCOTUS precedents, even in the face of challenges like Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs). Stay tuned for more...

Recent Techrights' Posts

They Don't Tell Us that 'Digitalisation' (Now Sold as "Hey Hi") Just Means Customers Become Unpaid Staff and Are Made Accountable
People are being conditioned to associate technology with something undesirable, at times even unbearable
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Links 22/07/2025: "Blog Restart" and Microsoft Clobbered by “ToolShell"
Links for the day
Global Warming and Global GAFAM Energy-Wasting
Burn more money (borrowed, loans), then hope the waste will somehow translate into profit?
No Compliance With the European Patent Convention (EPC) at the European Patent Office (EPO)
It's about preventing competition against this autocracy
Blue-Collar Trolls vs White-Collar Trolls
Examples of white-collar trolls
Apple Vision Pro Failed So Badly That Its Sales Are About 2,000 Times Smaller Than iPhone Sales
What's left for Apple to offer other than hype?
To Millions of People "Year of the Linux Desktop" Was Some Time in the 1990s (Bootable GNU/Linux as a Complete Operating System is Over 33 in Age)
In some sense, "year of the Linux desktop" was 33 years ago
Make No Assumptions (or Demands) About the Screen Resolution Used by Other People
There are usability aspects, aside from accessibility aspects
Why Wayland (and XWayland) Won't Solve the Key Problem It Proclaims to be Tackling (the Same Is True for Rust)
The problem isn't Wayland per se but the false promises and efforts to force everybody to move to it whilst insulting or demonising everyone who won't play along
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025