Bonum Certa Men Certa

In the Face of Malicious Lobbying, High Tech Inventors Alliance (HTIA) and Computer and Communications Industry Association (CCIA) Protect PTAB

We too want -- and need -- to protect PTAB

High Tech Inventors Alliance members



Summary: A new push by the patent microcosm to eliminate PTAB and marginalise Section 101 (which helps suppress software patents) is quickly met with opposition from concerned politicians and groups that represent actual technology companies

OUR USPTO coverage is somewhat behind in the sense that less important stories we shelve until more information becomes available. We have been watching for a while the lobby against PTAB. It's more or less clear who's behind it and we wrote about it earlier this summer.



"The term "PTAB" (or "IPR") typically means "your patent is about to be thrown away..."""PTAB" has become a very scary word to trolls, patent maximalists and the likes of them.

The term "PTAB" (or "IPR") typically means "your patent is about to be thrown away..."

They know it. They shudder.

"On remand," said a PTAB opponent the other day, "the PTAB will need to reevaluate the scope of the claims and then determine whether the recited prior art discloses the requisite particulars."

"...the patent microcosm, Watchtroll in particular, would have us believe that PTAB deems about 90% of all US patents invalid."PTAB is seemingly everywhere these days! It deals with more patents than courts do. It definitely invalidates a lot of patents and Watchtroll's "swamp" now actively engages in active smears or activism against PTAB. The tone of their messages in Twitter, for example, is truly despicable. Watching the responses to them from software patents opponents (FFII, Red Hat etc.) is worthwhile, but we don't wish to link to that. It would just "feed the trolls", as the old saying goes (where the term "troll" refers not necessarily to Internet trolls but potentially to patent trolls).

As one can imagine, IAM is into that too. Patent maximalist and IAM 'lobbyist' Richard Lloyd (pro-patent trolls, overtly pro-software patents) hates recent SCOTUS decisions and rants about them in public, saying (in the headline) that these "could severely harm American businesses" when the very opposite is patently true. IAM, in this particular case, is just copy-pasting Shaked & Co, a legal firm rather than a firm that actually makes something. Such great 'reporting' by IAM... more like the usual lobbying.

"PTAB does not always eliminate patents; it just looks into the ones that are among the worst or are actively being used to unjustifiably sue companies."Putting aside all those rants from the patent microcosm, what we find in progressive sites are articles like this one from 6 days ago. It correctly states that "if the PTAB is invalidating a lot of patents, it seems to be because there are a lot of invalid patents being granted and challenged."

Exactly. But the patent microcosm, Watchtroll in particular, would have us believe that PTAB deems about 90% of all US patents invalid. Outrage over a bogus 'scandal'?

Here is more context:

Now, these months were selected because they had particularly high rates of PTAB judges changing their mind. In other months, the numbers are different, and generally more claims are cancelled. But this fact suggests that, contrary to the rhetoric, PTAB judges are perfectly happy to find a patent valid—if it’s actually novel and non-obvious. It’s only when a patent is invalid that it gets cancelled.

In other words: if the PTAB is invalidating a lot of patents, it seems to be because there are a lot of invalid patents being granted and challenged.


PTAB does not always eliminate patents; it just looks into the ones that are among the worst or are actively being used to unjustifiably sue companies. See this new press release that says: "Last Thursday, the Patent Trial and Appeal Board ("PTAB") denied Ford Motor Company's ("Ford") attempt to have six of Versata Software, Inc.'s ("Versata") patents reviewed for legitimacy—cementing their significance in revolutionizing the automotive industry. To date, Ford has sought nearly 30 challenges to the underlying patents of Versata's software, all of which have been dismissed by the U.S. Patent and Trademark Office ("PTO")."

"...PTAB has been good at applying Alice to patents which were granted before Alice (2014), thereby removing threats to innocent software companies or companies that merely use software."So sometimes PTAB proves that it's not hostile towards every patent (even a questionable or questioned patent). PTAB is just doing its job, which is similar to the job of the appeal boards in Europe. PTAB is a valuable tool that helps assure patent quality. Patent offices are notorious for granting lots of patents for financial gain or goals. So PTAB acts as somewhat of a safeguard.

As we noted here before, PTAB has been good at applying Alice to patents which were granted before Alice (2014), thereby removing threats to innocent software companies or companies that merely use software.

Watch this article titled "Betting on Facial Recognition Breakthrough, Advanced Discovery Patents AI Software" (published about a week ago also in Law.com). Since this is my domain, it is clear to me that it's all about software patents. All of it! These are pure mathematics so even if granted, such patents would likely be deemed invalid by a court or PTAB (the latter is cheaper). Now that Alice repeatedly prevails (the lobbyists won't manage to squash it) we need someone to apply the test and squash patents before they reach the courts (necessitating legal bills).

"Now that Alice repeatedly prevails (the lobbyists won't manage to squash it) we need someone to apply the test and squash patents before they reach the courts (necessitating legal bills)."There are of course those so-called 'bills' which bill themselves as "STRONGER Patents", but they actually strive to accomplish the very opposite (allowing shallow patents, not high-quality patents). "The chances of that bill being passed are remote," IAM admitted the other day, having subtly promoted this anti-PTAB bill. To quote:

Half of the group's members (Adobe, Cisco, Google and Salesforce) also belong to United for Patent Reform, the group of big tech, retail and other businesses which was set up in 2015 to seek broad-based reform of the US patent system. Two others, Dell and Oracle, were originally part of the group but are no longer listed as members.

[...]

He pointed out that the USPTO and the courts continue to confront some of the most pressing issues facing the patent system, including possible changes to IPRs. The Supreme Court is set to address the constitutionality of the review process later this year in the Oil States Energy Services case, while pressure is growing on the USPTO from some sectors to lessen the impact of the Patent Trial and Appeal Board (PTAB) – something that the SCOTUS decision in Cuozzo made clear the next permanent director of the agency would have the power to do.

[...]

The focus, however, increasingly appears to be in areas such as reform of patent eligible subject matter or changes to IPRs that the HTIA member companies oppose. The STRONGER Patents Act, which was recently introduced in the Senate, proposes a series of measures that are largely unpalatable to big tech. The chances of that bill being passed are remote, but it does draw attention to possible reforms that have largely been ignored by other proposed legislation.


That reference to the High Tech Inventors Alliance (HTIA) is important. The group says in its Web site (announcement on Friday) that "[l]ow-quality patents harm our patent system and stifle innovation, economic growth and American jobs" [via] and here are the politicians who support it:

The High Tech Inventors Alliance (HTIA) applauds Chairman Bob Goodlatte for focusing on how low-quality patents harm our patent system and stifle innovation, economic growth and American jobs.

HTIA was formed so that our member companies have a strong voice when advocating for a healthy patent system. Our companies represent a big slice of the innovative world. They employ 447K employees, including many of the world’s best computer scientists and engineers. Their contributions in technology and commerce have transformed society in countless ways. They spent $63B on R&D last year, they hold 115K U.S. patents, and they have a collective market cap exceeding $1.75 trillion.

In 2011, the America Invents Act created the Inter Partes Review (IPR) program, which has effectively helped to weed out bad patents from the system in a very cost effective manner. IPR strengthens the U.S. patent system by improving patent quality. It is a key reason that patent troll litigation dropped in 2016 compared to 2015. With this track record, diluting IPR at this time is both unnecessary and unwise.



Josh Landau, writing for another pseudo-progressive group which is run by the Computer and Communications Industry Association (CCIA), stated that "the Computer and Communications Industry Association submitted comments on America Invents Act (AIA) trial procedures in response to the PTO’s ongoing request for such feedback, most recently at the PTAB Judicial Conference in June."

This too was published on Friday (same day as the above from HTIA). These groups do share an interest with us as they too wish to protect both Alice and PTAB.

There is nothing bipartisan about the so-called "STRONGER [sic] Patents" Act. Watch it go nowhere very fast! ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part V - Keeping Linux Under Users' Control, Not Microsoft's (NSA) Control, Leads to Weaponisation of Cops (Killing the Messengers)
Transatlantic lawfare
UK's Competition and Markets Authority (CMA) Says Microsoft is Still Abusive
Today, ahead of the latest fake 'results' [...] Microsoft cheats the system everywhere it can
Fridges Do Not Need an Internet Connection
Keep it simple, stupid (KISS)
 
Another Friday 'Litter' of IBM Workers, Discarded and Sometimes Replaced to Cut Costs
The little that IBM earns is spent buying companies to pretend there's "growth" and headcount stability
Gemini Links 16/10/2026: Carrie, Games, and Slop
Links for the day
Links 16/10/2026: Election Interference by Slop; White House Backs Russia, Not Ukraine
Links for the day
The Register MS Has New 'Article' That Has "AI" 20 Times. "SPONSORED POST" As Usual.
At the end, both the media and the pyramid scheme will collapse
Links 16/10/2026: "Data Centers Are Driving Conservative Rural Voters to The Democratic Party En Masse" and Slop Bros Bribe Candidates "for Congress"
Links for the day
Deplatforming People You Disagree With Is a Losing Strategy
Trying to deplatform people you don't agree with is oppressive and petty
Microsoft Cannot Pay Salaries
Microsoft is deep in debt
IBM "support that is USA based will migrate over 4 years to Indian based just because it lowers costs substantially."
IBM is not capable of growing, so it tries to find ways to shave off costs
Gemini Links 16/10/2026: Publishing and Licensing, Going to Movies, and Nature/Seasons Change
Links for the day
Microsoft's OSI Calling Slop "Open Source AI" (Microsoft Paid OSI to Do This) Has Helped Associate "Open Source" With Pedophilia
Microsoft deflecting?
Wikileaks Still Matters
The world needs more sites like these
'Cocaine King' Campinos Should 'Get the Message', Pack Up His Things and Go Already
His staff is constantly on strike and engaged in various industrial actions
We Don't Do Slop
People tend to appreciate genuine work, not fakes
On Lying With Confidence
LLMs are hype
Market Share of Windows in the United Kingdom is Shockingly Low
Microsoft's losses are very profound
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 15, 2026
IRC logs for Thursday, October 15, 2026
Microsoft Can Barely Afford to Colonise Africa Any Longer (Too Much Debt)
"Before the announcement, former Microsoft employees publicly described staff being placed on performance improvement plans or offered “voluntary” exits."
Intercontinental Brigading - Part IV - Harassment Registered With the Police Before Projection Attempts Made From America
The thing one gets subjected to for opposing back doors in Linux
Gemini Links 16/10/2026: Dogs, Slop, and Blogging
Links for the day
The Fate of "Alicante Mafia" at the EPO Yet to Be Determined
It'll be interesting to hear what they say about the secret meeting regarding the future of Campinos
Gemini Links 15/10/2026: Medical Difficulty, Science Fiction, and Playstation 3 Dies
Links for the day
Links 15/10/2026: Cuts to Public Health and Misuse of License Plate Data for Social Control
Links for the day
Links 15/10/2026: ALPRs Are Mass Surveillance, GAFAM Front Group ('New' EFF) Asks the Wisconsin Supreme Court to End Warrantless ALPR Searches
Links for the day
IBM RAs: "It's on Me"
IBM has no respect for the workers and it tries to hide the layoffs
Gemini Links 15/10/2026: Literature, Funerals, and Devices
Links for the day
The Efforts to Criminalise Opposition to a Ponzi Scheme Sold as "Super Intelligence" (Plagiarism Engines, Disinformation Generators)
Cops are becoming combatants for slop bros, i.e. they use power to promote a Ponzi scheme
Clownflare Sees Most Requests in Africa Coming From Android (Linux)
Android is the dominant platform
IBM's "RA Season" is Nearly Upon Us, But Tens of Thousands Are Already Marked for Removal With PIPs (as "Low Performers")
IBM is a dying company
Microsoft Has Confirmed It Had a Plan to Cut Azure (or Azure Costs) by 20%
So basically... yes! Microsoft did have a plan to slash Azure.
No Noticeable Libera Chat Exodus After Code of Censorship (CoC) Scandal Earlier This Month
Libera Chat pissed off some people by unmasking the CoC's real purpose
Red Hat Silent Layoffs Seem to Carry on Throughout This Month
How much longer will these silent layoffs (e.g. PIPs) carry on for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 14, 2026
IRC logs for Wednesday, October 14, 2026
Netflix and Its Newest Rival Carry 100 Billion Dollars in Debt
What sort of economy is this?
Egypt: GNU/Linux Still Measured at About 5%
Egypt is a prominent African nation and economy
Gemini Links 14/10/2026: Time Allocation, English as a Fourth Language, and "Reading News Sources" in Geminispace
Links for the day
DRM Giant Announces Giant Layoffs (Netflix’s Debt is Huge)
It's not like operational costs are decreasing, they're climbing fast.
Intercontinental Brigading - Part III - Reporting Harassment From America to British Police
Why are they so hostile towards (and afraid of) cops?
The Local Staff Committee Munich (LSCMN) Speaks of Deterioration of Working Conditions at the European Patent Office (EPO)
"At least 3 days per week in the Office for an allocated office"
Gemini Links 14/10/2026: GemPub, Randogoth Forge F-Droid Repo, Oddμ, and Kolibri
Links for the day
Bluewashing as Silent RAs: A "journey that began at Neudesic [...] and continued as part of IBM" inevitably came "to a close"
IBM can be antagonistic and reckless with whatever it buys
Links 14/10/2026: Houthi Attacks on KSA and Airstrikes Near Sudan-Egypt Border
Links for the day
No Coronation for 'Cocaine King' Campinos (Not Yet Anyway)
A flash update suggests perils exist and we must all wait until December as the position for EPO President may open
In Reddit, Moderators of IBM Subs Are Allegedly on IBM's Payroll (IBM Can Censor Discussions About IBM)
There also seem to be PIP layoffs in India
If Worthless Companies Are Valued at a Billion Dollars in the Slop Industry, Then What Is the True Worth of 'Trillion-Dollar' Companies?
Definitely not a bubble!
It Sounds Like Microsoft Plans to Lay Off Over 2,000 Azure (Microsoft) Workers as the Datacentre Business Brings Nothing But Epic Debt
Trillions in losses is not a solid business plan
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day