Bonum Certa Men Certa

9 Millionth US Patent Tells a Story of Failure and USPTO Misconduct

USPTO: when quality does not matter, only the payment does

Rubber Stamp



Summary: The USPTO, much like FISA (notorious court for surveillance/espionage authorisation), has become a rubber-stamping operation rather than a patents examination centre, as new evidence and old evidence serve to show

EARLIER this evening we wrote about the OIN's response to the growing patent problem, HBO's (corporate media) misdirection, and now we turn our attention to the USPTO, which has been busy hiding or perfuming its systematic abuse.



The EPO, which is now working towards the Unitary Patent Package (see the latest in IP Kat [1, 2]) is becoming increasingly assimilated to the USPTO, where software patents are still, at least in principle, allowed.

"It has actually become a lot more difficult to acquire software patents in the US, let alone win with software patents in court.""A look at the USPTO’s examples for patent eligibility" is the title of a recent article from lawyers' media. As we have demonstrated hundreds of times before, patent lawyers work hard to deny the post-Alice reality, which disqualifies many software patents. This kind of bias helps distort people's perception of the status quo. It has actually become a lot more difficult to acquire software patents in the US, let alone win with software patents in court. That is of course good news and a step in the right direction. This is what can possibly salvage some of the USPTO's past reputation and perhaps make US patents worth more than the paper they're printed on.

The lawyers' site says: "This article is the second installment of a three-part series examining the USPTO's Interim Guidance on Patent Subject Matter Eligibility. The first installment describes the Interim Guidelines' implementation of the Supreme Court's two-part test for determining patent eligibility. Now, we will review examples published by the USPTO of patent-eligible and patent-ineligible claims."

As we have noted here before, after the Supreme Court's ruling the guidelines for patent examiners were modified. Surely this can reduce the overall number of patents granted, which in turn makes the USPTO look "less successful" (meaning less profitable, as quality clearly does not count when 92% of applications are "successful"). According to this lawyers' site, "USPTO Can't Be Sued For Not Axing Re-Exam, Fed. Circ. Says" and one patent lawyer's site (vocal proponent of software patents) talks about USPTO fees. There are surely changes underway (less software patents) and many patent lawyers must be nervous.

"Surely this can reduce the overall number of patents granted, which in turn makes the USPTO look "less successful" (meaning less profitable, as quality clearly does not count when 92% of applications are "successful"."As we mentioned the other day, the USPTO uses some dirty tricks to make itself look better. "US Patent Office Gamed The System To Make Sure Patent 9 Million Wasn't A Crazy Troll Patent," said the title composed by Mike Masnick. "As I'm sure you were carefully anticipating," he wrote, "on Tuesday, April 7th, the US Patent and Trademark Office issued patent 9,000,000. As you of course are already aware, over the past few decades, the USPTO has been rapidly ramping up the number of patents it approves. That's why, even though patents only have a lifetime of 20 years from the date of application, 1/3 of all issued patents are still in force today. Think about that."

Watch the press release and self-congratulatory Smithsonian spin. If a country has 9 million patents and 92% of patent applications are eventually accepted, it does not mean the country is innovative, it just means it is too lenient when it comes to patent granting. It means it is unable to recognise real innovation. This is why the EPO (especially its examiners) must guard against the greed of businesspeople like Benoît Battistelli. As it stands, the EPO is not (yet) a laughing stock, only its management is.

Recent Techrights' Posts

[Meme] Not About How Many Locks One Adds
Some people try to point their fingers in all the wrong directions now that a new patch is available for rsync
Total Lock-down Ambitions - Part I - DRM and TPM Need Not be the Future of Computing, There's Another Way
Who is being restricted? Us, the users.
New Upcoming Series About DRM and TPM
We'll do our best to name and explain some of the alternatives that are still available
More Microsoft Cuts and Layoffs (Microsoft Media Mole Jordan Novet Tries to Float "Hiring Freezes" Spin After the "Headcount" Spin Failed)
As one might expect...
 
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025
If You See Many Microsoft Puff Pieces That All Say More or Less the Same, Consider the Possibility That Microsoft LLMs 'Wrote' Those
There are also many phantom fake 'reports' about Microsoft in relation to some "hey hi" (AI) things
[Meme] The Crybully
Crybullies shrug
IRC Logs Complete in Geminispace (Even in GemText Format!)
We still envision ourselves - a community of justice-seeking enthusiasts - as a multi-protocol platform, not just some ordinary Web site
It Was Only a Matter of Time
We're going to pursue justice
[Meme] "Well, He’s Dead So," Bill Gates Tells the Media (Which He Pays) About His Close Friend Jeffrey Epstein
Does the police in San Francisco cover up crimes instead of solving them?
The Rumour Was Right, Today is the Second Large Wave of Microsoft Layoffs in 2025
It has only been two weeks since the year began
The Free Software Foundation (FSF) Has Had a Good 2025 Already (Its "Year 40")
FSF will reach $400,000
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
[Meme] His Existence is Proof It's Not Infeasible
We salute the FSF's original mission
Links 15/01/2025: Efforts to End Wars and 'Newsflation'
Links for the day
Gemini Links 15/01/2025: Abandoning Windows for GNU/Linux, SIS Progress Update
Links for the day
Links 15/01/2025: Social Control Media Spreading Lies, TikTok Banned in 4 Days
Links for the day
Microsoft Breaks Linux Again
Does it even care? It's selling Windows.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 14, 2025
IRC logs for Tuesday, January 14, 2025
Links 14/01/2025: Vaccination Hesitancy Problems and Kangaroo Courts (UPC)
Links for the day
Gemini Links 14/01/2025: Introduction to GrapheneOS and Small Internet
Links for the day
Dr. Miriam Bastian From the Free Software Foundation (FSF) Gives a Talk in a Couple of Weeks at FOSDEM (Brussels, Belgium)
It's good to see people from all around the world and with very different backgrounds united around digital philosophy
Andy Farnell on Eating Your Own Dog Food
focuses on security but goes beyond that
EPO Uses the Misnomer "AI" to Attack Software Developers in Europe
The EPO is nowadays a huge pile of crimes
The European Patent Office’s (EPO) Communication on "Reform" is "Incomplete and Misleading," Says the Central Staff Committee at the EPO
This puts Europe at risk and makes it more vulnerable
[Meme] How to Lose Social Life (While Pretending to Still Have It)
Talk to people, not to microphones
Android (or AOSP) is More Free Than iOS, Both in Practice (as OEM Bundles) Both Are User-Hostile
In a perfect world, people would choose and deploy software that is entirely made up of reciprocally-licensed bits
Neuroscience of Consciousness Paper: Why Social Control Media and Proprietary Spyware Harm Your Health
"Software Freedom turns out to be good for your health"
Access to the Source Code of the Programs You're Using Matters (Even If You're Not a Coder and Cannot Fix Bugs)
Companies like Microsoft tell us that full access to all the code isn't important
Guardian Digital (linuxsecurity.com) Publishes Fake Articles About Linux and About (for) 'Linux' Foundation Openwashing
Brittany Day is at it again
Links 14/01/2025: LA Crisis and EU, UK Respond to "X.com" Threat From South African Oligarch
Links for the day
The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025