Bonum Certa Men Certa

New Cracks in the US Patent System

Co-authored with G. Forbes

Floral frame



Summary: A debate which the patent lawyers frame as revolving around innovation is in fact just a risk to people's lives and a driver of cartels

THERE is plenty of evidence to support the allegation that the USPTO is a defender of monopolists rather than a catalyst of innovation it pretends to be. Monopolists lack an incentive to innovate since this may disrupt their dominance or production pipeline. The New York Times is currently presenting this sob story from billionaires who profit from patents suits in life-or-death situations. It conveniently omits the real consequences of granting and encouraging drug patent monopolies. "$10 drug now $1500 after FDA grants monopoly" says this headline about a new observation that we covered in TechBytes a week ago.



Even the director of the USPTO is admitting that the assumed correlation between patents and innovation may be illusionary. A new article illustrates:

David Kappos, director of the United States Patent and Trademark Office, says the United States needs new ways to measure innovation and also to give fast-track status to green technologies.

First, Kappos says his office is looking at new ways of measuring innovation. After all, open-source software, which explicitly rejects traditional intellectual property rights, powers large parts of the technology industry, such as the Android mobile operating system. Additionally, corporations often take out huge pre-emptive patents to prevent competition from forming.


As we stated a few days ago, the US claims to be addressing the problem with the patent system. However, since reducing the backlog (possibly by speeding up the approval process) is the wrong path to take, there is no indication of what can actually be done to abolish bad patents, such as the ones described here:

"For the next 45 days, Webvention is willing to license the '294 patent for a one-time, fully paid-up licensing fee of $80,000.00 for a non-exclusive, company-wide right to use Webvention technology," the company wrote to one of its targets.

The Federal Trade Commission has a new report titled "The Evolving IP Marketplace," that ponders how to deal with these troublesome entities, based on a series of patent conferences that the agency held. And the vague language often associated with patents (like the above) is identified as a big part of the problem.


It is increasingly evident that patents are being used as an architect for cartels, which in turn use thickets and perceived threats (at times litigation) to block competition. This is just one more sign that patents are a tool for monopolies to squash smaller competitors. To a certain degree, there is a similar unbalanced situation in relation to copyright laws. They too can be abused, warping "copyright enforcement" into a glorified censorship weapon. "Copyright Bullying is in the DNA" is a short new example of the impact of this issue from Glyn Moody. He continues to emphasise the message that copyright is not encouraging new creative works. As he sarcastically puts it:

Yeah, we really need Draconian copyright laws to protect (dead) artists from this kind of evil infringement.


We shall revisit this later.

Recent Techrights' Posts

What EPO Staff, the Staff Union of the European Patent Office (SUEPO), and Europe Want and Need
Who should be served by patents?
 
Links 19/04/2026: Mass Layoffs at GAFAM Again (10% Laid Off), Azure Capacity Problems (Enshittification)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 18, 2026
IRC logs for Saturday, April 18, 2026
GAFAM Decided to Stop 'Old' Formats From Working, Format-Shifting Treadmills Resemble the Certificate Cartel Keeping Everybody Forever Chasing Rotations
Lots of extra chores because those who control the browsers decided that "too much choice" is bad, so they'll break "old" sites and make multimedia that's "old" not work anymore (not playable)
Nothing But Vapourware Since XBox Leadership Ousted and Mass Layoffs Will Come Soon
We just don't know the exact date/s... yet
Gemini Links 18/04/2026: Guix and WikiReader
Links for the day
Network Maintenance Next Friday
We must be doing a terrific job so far given how much money gets spent trying to silence us
"The Work-to-rule is Having Effect" at the European Patent Office (EPO)
The media knows how to contact SUEPO, but it's clearly not doing it
Improving the Sites, Not Bloating Them
Sites need to evolve over time. Many conflate evolution with bloat (as if more complexity is desirable).
SLAPP Censorship - Part 50 Out of 200: The Time Staff of Law Firm Burgess Mee Was Showing Up in Letters Sent for a Serial Strangler From Microsoft
Family-friendly? No.
Next Week the Star of the "EPO Reality TV Show" Will Likely be Absent (Absconding the Tough Reality of Widespread Unrest)
He tarnishes the legacy of that surname and the country's image by spouting out lies and hurling abusive insults (lots of the "f word") at staff
Speculations That IBM's CEO is on His Way Out
IBM has mass layoffs, but the media is not covering this [...] IBM is a company in the loo, a firm in a state of rapid disintegration
Slopwatch Was Deprecated, It's Not Coming Back
LLMs that produce many words very fast (and waste a lot of energy in the process) cannot compete with authentic news sites
WELCOME to The Cyber|Show @ Geminispace!
Andy set things up this past week
Links 18/04/2026: Microsoft's PR Department (Waggener Edstrom) and CEO's Wife Buys NPR (BillPR, Now BallmerPR) as Independent/Public Service Media Dims Down
Links for the day
Gemini Links 18/04/2026: Chronic Pain and CodingFont Game
Links for the day
Links 17/04/2026: "I Hate the Internet" and Fake Wallet in Apple App Store
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 17, 2026
IRC logs for Friday, April 17, 2026
European Patent Office (EPO) Strikes and Other Industrial Actions Are Working: Patent Application Grants Have Collapsed
Even before the strikes happened any day of the week
SLAPP Censorship - Part 49 Out of 200: Two Americans, One Case, Recycled for Low Budget at Brett Wilson LLP and 5RB Barristers
Change one character, bill the client tens or hundreds of thousands of US dollars
Pension Contribution Increases as Another Attack on Compensation for EPO Staff (Mostly Patent Examiners)
Pension contribution increases!
Almost 1,000 IBM Layoffs Not Newsworthy (Nobody Covers It), Unlike When Snap Does It and Mentions a Celebrated - or Reviled - Buzzword
not a word regarding IBM layoffs
Behind the Scenes With Richard Stallman
If you support his ideas, even if you dislike him as a person, then you'll welcome his ability to speak about those ideas
Gemini Links 17/04/2026: "Many Problems and Inequities in the Legal System", "No Place to Hide"
Links for the day
Links 17/04/2026: SRA Breaks Its Own Rules as Solicitor Attempts Suicide, IPv6 Barely Hits 50% After 20+ Years
Links for the day
ActBlue former IT boss disappearance: Decklin Foster & Debian, Harvard suicide lab, Chris Gleason is wife, whistleblower or both?
Reprinted with permission from Daniel Pocock
Gemini Links 17/04/2026: Getting competent in NixOS and Alhena 5.5.6 Released
Links for the day
Links 17/04/2026: "We Cannot Lose Sight of Ukraine" and "When Leaders Should Resign"
Links for the day
GizChina Appears to Have Become a Slopfarm, I.e. Fake News Site With Fake Text
Don't waste a moment reading LLM slop, as at the very least it rewards plagiarism [...] Deemed to be slop also by two human beings, not just two scanners
Massive, Cross-Site Strike at the EPO Today
There's coordination across sites for maximal pressure
Dr. Andy Farnell Says "AI" is "Only a Marketing Term" for Things That Exist for "Entertainment Purposes Only"
distortion or misuse of the term (now buzzword/s) "AI"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 16, 2026
IRC logs for Thursday, April 16, 2026