Bonum Certa Men Certa

Institutional Corruption in the US Patent System Leaves the Door Open to Meddling and Foul Play by the Patent Microcosm

Making justice less just and "just about business"...

A paid invoice



Summary: Covert activities and lobbying by the patent microcosm, e.g. to promote the resurgence of software patents, as seen in yesterday's news

THE Patent Trial and Appeal Board (PTAB) added to the USPTO an important mechanism of quality control -- similar to that which Battistelli at the EPO gradually abolishes.



Using PTAB, for example, one person went against a patent of the Big Pharma/Medicine Cartel (think of overpricing, price gouging etc. against poor, ill people) and last night there were many articles about it, for he claimed that he had lost to a "cabal".

"So basically, for a fee (a very fee high most probably, quite frankly as usual) patent maximalists can rub shoulders with PTAB judges who can invalidate a lot of patents."“In the end, lobbying and special interests pay,” he said. “Medicare and U.S. consumers pay the ultimate price for the evergreening of bad patents by the pharma cabal.”

As a bit of background: "While Bass still has one case pending at the U.S. Patent and Appeal Board that he filed under his own name, it appears he’s given up. The coalition hasn’t filed a new case in 18 months and he shuttered the fund overseeing it, the Credes Master Fund, last year."

PTAB, however, is not too well known for going after medical patents. It typically goes after abstract patents, notably software patents. Published by Managing IP yesterday, a site with pro-UPC and patent maximalism agenda (not just the paywall), was this announcement that said: "Patent Trial and Appeal Board (PTAB) judges had some advice for attendees at two Managing IP US Patent Forum events in Silicon Valley and Washington DC in March."

"It serves to reinforce what Bass said above."So basically, for a fee (a very fee high most probably, quite frankly as usual*) patent maximalists can rub shoulders with PTAB judges who can invalidate a lot of patents. Isn't there an ethical issue here? It serves to reinforce what Bass said above.

Watch Fenwick & West still lobbying for software patents (yesterday) and David Crouch, a foe of PTAB and a proponent of software patents, still poking fun at Alice (also yesterday).

"There are special interests and lobbying whose purpose it to crush Alice, make PTAB toothless, and even oust the Director of the USPTO, as we shall show later."As for Managing IP, yesterday it advertised this event dominated by those trying to thwart Alice/Section 101. "Steve Lieberman," it said, "partner at Rothwell Figg Ernst & Manbeck, has some advice for those looking to file patents and avoid rejections under Section 101."

Also outside the paywall: "Speakers at a recent Managing IP event suggested US patents can be drafted to direct them into an art unit that will minimise the risks of 101 rejections."

Well, make no mistake about it. There are special interests and lobbying whose purpose it to crush Alice, make PTAB toothless, and even oust the Director of the USPTO, as we shall show later. ____ * These are in effect payments for "access" (in the lobbying sense) or for influence, sometimes for a speaking position too (preaching to decision-makers, pushing agenda).

Recent Techrights' Posts

[Teaser] Freenode LTD: What Happened
Upcoming series based on insiders' account with evidence
Links 15/04/2024: Signs of Desperation at Microsoft and Tesla Employees Brace for Mass Layoffs (Update: Yes, Over 10% at Tesla Laid Off)
Links for the day
Human Rights Tribunal of Ontario (HRTO) Does Not Wish to Become an Instrument of Cost-Free Harassment or 'Cheap Revenge', It Says "Justice is Not Free. Quite the Contrary. Justice is Expensive."
Long story short, there is no lawsuit, there is a just a hateful, lying idiot abusing "the system" (which this idiot rejects entirely)
 
Richard Stallman to Give Public Talk in Portugal on Wednesday
new addition to his page
Richard Stallman's Hair Has Grown Back and He Does Not Talk About Cancer
May he live a long and happy life
New Video of Richard Stallman's Talk in Italy (Delivered a Week Ago)
a working copy of the video
Microsoft Windows Falling to New Lows in the United Kingdom and Worldwide
What's noteworthy here is that there's no sign at all of a Windows rebound
[Meme] Quantity of European Patents
they've rigged the system to make more money
Why do free software organizations eliminate community representatives?
Reprinted with permission from the Free Software Fellowship
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Matthias Kirschner & FSFE People Trafficking, coercion of volunteers
Reprinted with permission from the Free Software Fellowship
Gemini Links 15/04/2024: Profectus Alpha 0.4 and RPG of One Capsule Progress
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 14, 2024
IRC logs for Sunday, April 14, 2024
Oceania: GNU/Linux Measured at Lower Than the International Average (4% or 7% Including ChromeOS)
statCounter's data
Achieving Objectives
The 'suits' and their vocabulary can be overcome when their deceit is widely deciphered:
Mozilla Has Turned Firefox Into OSPS Consistent With "Attestation" Objectives
Open Source Proprietary Software
100 years of Hitler & psychological experiments on volunteers
Reprinted with permission from the Free Software Fellowship
Taliban, the Free and Open Source Software Community Team of Afghanistan
Reprinted with permission from the Free Software Fellowship
Links 14/04/2024: Software Needed for Work and Issues in Brazil
Links for the day
Gemini Links 14/04/2024: OFFLFIRSOCH and Gemtext Specification 0.24.0
Links for the day
Links 14/04/2024: Tesla and OpenAI (Microsoft) Layoffs Floated in the Media
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 13, 2024
IRC logs for Saturday, April 13, 2024
Gemini Links 13/04/2024: SEO Spam and ‘Broadband Nutrition Label’
Links for the day
Gemini Links 13/04/2024: GmCapsule 0.7 Released
Links for the day
Links 13/04/2024: Whistleblowers, OpenAI and Microsoft Leakers
Links for the day
'Our' Technology Inside the Home is Becoming Less Reliable and It Implements the Vision of Orwell's '1984' (Microphones and Cameras Inside Almost Every Room)
Technology controlled by who exactly?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 12, 2024
IRC logs for Friday, April 12, 2024
Google, FSFE & Child labor
Reprinted with permission from the Free Software Fellowship
Links 13/04/2024: Huawei and Loongson PCs, IBM Layoffs
Links for the day
Gemini Links 13/04/2024: Specification Changes and Metaverse Newbie
Links for the day