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

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
 
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day