Bonum Certa Men Certa

Patents in the US Are Becoming Stronger (Better Quality), But the Patent 'Industry' is Trying to Change That

USPTO Director Lee Discusses Importance Of Patent Quality
\ Reference: USPTO Director Lee Discusses Importance Of Patent Quality



Summary: The shift to high-quality patents -- an ongoing legacy of AIA and subsequent reforms, patent judgments by the Justices etc. -- does the US a lot of good, but those who are in the business of litigation are attempting to derail all that progress

THE RESISTANCE to patent reform in the US comes almost exclusively from the patent microcosm, i.e. from those who long benefited from a defunct system flooded by frivolous litigation, bogus patents (now deemed patent-ineligible by courts), and 'tourism' in the Eastern District of Texas.



In many ways, technologists derive great pleasure from these developments. It makes them feel somewhat safer over time. But apathy would be misplaced as the patent microcosm still works hard toward regressions and it uses truly nefarious tactics, including the hiring of former officials (buying influence) and firing (or pressure for resignation) of current officials who are sympathetic to reform. We are watching these things closely and reporting as we go along.

"There was hype and people at the top got carried away when they granted patents on things that deserve no monopoly at all. Examiners were receiving incentives to play along in this agenda, but those days are over."This weekend, linking to a PDF directly from the USPTO, Dennis Crouch says that the "USPTO is very likely to end up spending well more than it collects in fees."

This post isn't about the EPO, but we have mentioned similar projections for the EPO (which is running dry in terms of pending work).

"Thanks to Michelle Lee, the Supreme Court, AIA/PTAB etc. there are now far fewer patent lawsuits in the US."Let's face it. There was a big patent bubble. There was hype and people at the top got carried away when they granted patents on things that deserve no monopoly at all. Examiners were receiving incentives to play along in this agenda, but those days are over. PTAB, for example, already looms over them; the quality of their work is being assessed and/or reassessed.

Thanks to Michelle Lee, the Supreme Court, AIA/PTAB etc. there are now far fewer patent lawsuits in the US. Bad news for the litigation 'industry', no doubt, but good news for those who are busy prototyping, coding, designing, etc. IAM is of course bemoaning this, having been greased up by the litigation 'industry' for many years. The other day it said:

The first six months of the year saw a continuing decline in patent litigation in the United States, although the same cannot be said for political developments in June and July


The pressure group known as the US Chamber of Commerce (not government but an aggressive front of corporations which we wrote about many times before; Wikipedia calls it "a business-oriented American lobbying group") butts in and IAM leaps on its claims, stating in the headline that "Consensus grows that US patent system needs a lifeline" (whose consensus?!).

"He makes the misleading claim that the US was a "global leader of IP protection" when in reality it was a global leader of patent trolls."These dramatic claims and alarmist tone are only to be expected from IAM and should not be taken seriously as though these are the views of the real industry. Meanwhile, a former Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office decides to publish this piece in The Hill. Is he another one of those paid-for former officials (like David Kappos) or something else? He basically bemoans patent sanity because these people just want lots and lots of patents. He makes the misleading claim that the US was a "global leader of IP protection" when in reality it was a global leader of patent trolls. Not the same thing. "Weakened patent system" is what he complains about in the headline. Really? Weakened? Because it no longer grants or shields very weak patents? Such dishonest inversion of terms was seen and mentioned here before; there's a whole bill named after it, with the word/acronym "STRONGER" used to described a WEAKER system.

Thankfully, the above author does not claim to be a developer, engineer etc. Michelle Lee actually was one. And her policies suggested so, too. It's a shame that all the abuse she received from the patent microcosm (publicly and behind the scenes) quite likely led to her departure.

Recent Techrights' Posts

Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
 
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
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