Bonum Certa Men Certa

The USPTO Has a Nepotism and Lobbying Problem That Jeopardises the Rationality of US Patent Law

The Office is now being run, almost literally, by the patent microcosm (Andrei Iancu)

Washington sights



Summary: The influence games of Washington are spilling over to the US patent office and poisoning/harming its ability to conduct professional operations without corporate influence (from either side, both corporations and law firms)

THE USPTO has a big -- and growing -- problem in its hands. It's nowhere as severe as EPO scandals, but it could potentially develop over time. There is almost one single issue we habitually criticise the USPTO for and it's to do with former officials, several of whom seem to have become lobbyists, typically for the patent microcosm. Lobbying is quite an epidemic in Washington (DC); it's renowned if not notorious for it. There are no effective restrictions on such behaviour/operations because it's "big business" in DC.

"There are no effective restrictions on such behaviour/operations because it's "big business" in DC."Lobbyist David Kappos keeps meddling, this time in a largely Microsoft-sponsored (Kappos' sponsor also) think tank, Fordham IP. Why does the USPTO not intervene? Do they even understand how terrible this looks? He came from IBM and now he lobbies again for IBM among others like Microsoft. He uses his connections (which he acquired during his time as USPTO Director) to steer agenda. Watch last night's article (titled "US intellectual property in the age of Trump") which says:

President Trump has already made his mark by appointing a USPTO director and taking a stand against China. Panellists [sic] at the Fordham IP Conference, including David Kappos and James Pooley, assessed the impact Trump could have on IP


Pooley isn't too bad (we wrote about him in the past), but what on Earth does Kappos do there? Panelist?

"He might be ready to do some damage (to patent reform)."Thankfully, for a number of years Kappos was replaced by Michelle Lee, who helped clean up the mess. But she didn't last long. Now there's a new boss (after a temporary one, Matal) and the mask fell off some time earlier this week. He might be ready to do some damage (to patent reform).

Baker Donelson's Micheline Kelly Johnson, in a sponsored self-promotional piece (published at IAM today), comments on an older talk by Iancu in which he mentioned Section 101. At the time he said nothing too threatening to patent reform. Earlier this week, however, his tune changed somewhat. He adapted to a rather extreme audience. Michael Loney, who is based in New York and edits a patent maximalists' site, wrote this: "Andrei Iancu has declared “we must change the dialogue surrounding patents”, and revealed the USPTO is looking to simplify the eligibility determination for its examiners and assessing PTAB issues such as how proceedings are instituted [...] USPTO director Andrei Iancu yesterday gave a strident speech at the US Chamber of Commerce Patent Policy Conference, acknowledging criticism of the patent system and stressing the need to improve the accuracy of patent grants."

"He came from a firm that had worked for Trump."Dennis Crouch wrote about it some hours ago. "USPTO Director Andrei Iancu gave the keynote address at the April 11, 2018 Patent Policy Conference hosted by the U.S. Chamber of Commerce," he said. Well, that's what happens when the Trump-appointed 'head of patents' takes guidance from lobbyists and extremists of the U.S. Chamber of Commerce and AIPLA. He came from a firm that had worked for Trump.

Watchtroll (Gene Quinn) wrote about this with excitement. The headline is preceded by "BREAKING:" (yes, all CAPS!). A USPTO Director went to think tanks' events lately (U.S. Chamber of Commerce and AIPLA, soon IAM too), so Watchtroll is now quote-mining for him. He's hoping this will help derail the patent reform. “We are at an inflection point with respect to the patent system itself. As a nation, we cannot continue down the same path if we want to maintain our global economic leadership. And we will not continue down the same path,” Iancu is quoted as saying. There's a full transcript.

"The government-to-lobbying (or vice versa) pipeline is a highly disturbing one, but it's not uniquely American."It's worth noting that Watchtroll has also just quoted the lobbyist-turned-official Makan Delrahim, trying to twist some words for the maximalists' agenda. “While I believe in a very restrained approach to antitrust enforcement when it comes to the legitimate exploitation of valid IP rights, the Division will not hesitate to enforce against anticompetitive collusive conduct,” Delrahim is quoted as saying.

The government-to-lobbying (or vice versa) pipeline is a highly disturbing one, but it's not uniquely American. The USPTO might want to do something about that, but currently its boss may be part of the problem; his firm had worked for Trump before Trump nominated him for this position.

Recent Techrights' Posts

Skype Fell Off a Cliff (Microsoft Killed It), All Microsoft Has Left Now is Slop and Spaghetti Code
"This isn’t about AI. This is a puppet show to drive stock prices up and down."
Slopfarms (Machine-Generated Fake News Sites Authored by Bots With Slop Images) Spread GNU FUD
This isn't about Linux (GNU doesn't run just on Linux)
United States Federal Government's Digital Analytics Program (DAP): GNU/Linux Users Represent Close to 6% of Visitors This Year
How far has GNU/Linux gotten? Very far!
The "LLM Ouroboros of Shit" is Complemented by Even Worse Phenomena Caused by Microsoft's Contribution of SPAM and Pollution
Microsoft became a world leader in promotion of LLM slop
The LLM Ouroboros Phenomenon
Fact #1: over time slop gets worse (training set is like some blurry JPEG). Fact #2: People's "smell" for slop improves over time, as they 'train' on slop and can detect it based on prior encounters. Put 1 and 2 together.
How We Defeated DDoS Attacks
One of the best things one can do is migrate to an SSG
Microsofters Issuing Threats to Microsoft Critics Who Blog About Microsoft
So far we see that their "legal strategy" revolves around trying to discredit people like Theodore Ts'o
 
Microsoft a Top Sponsor at Red Hat Summit (IBM Selling Proprietary Spyware and Back Doors in a "Red" Trench Coat)
They both work for Microsoft
The Official SUSE Blog Uses LLM Slop to Compose Fake Articles Promoting Microsoft and Azure
even a little slop spoils the broth
Links 19/05/2025: Charges of Blackmailing Over Son Heung-min, Chad Opposition Leader Detained
Links for the day
Gemini Links 19/05/2025: Ableism, Silicon Monkeys, and More
Links for the day
Links 19/05/2025: Political Catchup and CISA Advisories
Links for the day
TheLayoff.com Has Begun Deleting Trolls/AstroTurfers Infesting the IBM Section to Discourage On-Topic Discussion About Culls and Maladministration (Bad Strategy)
Moderators have realised there's a problem
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 18, 2025
IRC logs for Sunday, May 18, 2025
Gemini Links 18/05/2025: Five Years on Gemini and Atom Feeds over Gopher
Links for the day
Links 18/05/2025: F.D.A. More Sceptical of COVID-19 Vaccines, UK Charges 3 Iranian Nationals In Alleged Attack Plot Against Journalists
Links for the day
Gemini Links 18/05/2025: "Finally Upgraded" and "Rebooting"
Links for the day
There Are Days or Occasions Where gemini:// Requests Almost Exceed http(s):// and Gemini Protocol Isn't Even 6 Yet
Gemini Protocol turns 6 one month from now
Abundance of Good Code, "Just Like Air."
Richard Stallman's seminal manifesto and foundational (practical) work on GNU gave us a very solid system that facilitates productive work without concerns over spyware
Messages in TheLayoff.com Drowned Out by LLM Slop (Comments Focused on Replying to Bot-Generated Provocation)
apparently shaking hands with nazis isn't as bad as calling your git repository's main branch "master"
The Importance of Full Disclosure and Transparency Online
there will be full transparency, as always
Slopwatch: Slopfarms and Serial Sloppers Still at It
Apparently Google is too understaffed to figure that out
Links 18/05/2025: Decreased Prospects of Science Careers, Disappearance of Journalists
Links for the day
Microsofters Have a Long History Trying to Take Down Techrights by Sending Threats to Webhosts
picking on women
Links 18/05/2025: Science, Censorship and European Commission Taking on Monopoly Abuse by Microsoft
Links for the day
Gemini Links 18/05/2025: Šibenik and SFJAZZ Historical Archive
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 17, 2025
IRC logs for Saturday, May 17, 2025
Links 17/05/2025: Microsoft Kills "Surface Laptop Studio" (More Canceled Products/Units), Groups Caution About Harms of Social Control Media
Links for the day
Gemini Links 17/05/2025: Sympathy Algorithm and SSH on Alternative Ports
Links for the day
Inviting the Founder of GNU/Linux to Events (It Only Costs His Travel Expenses) and Recalling the True Origins
It's reassuring to see belated recognition
Slopwatch: Microsoft's Anti-Linux Propaganda and Cover-up, Slopfarms Clogging Up Google News
slop-tracking activities that observe googlebombing of "Linux"
AstroTurfing by IBM in thelayoff.com is Highly Risky (and Likely Outsourced)
Microsoft did this in Reddit (and got caught), so why won't IBM too?
Links 17/05/2025: Stabber of Salman Rushdie Sentenced to 25 Years in Prison
Links for the day
The Microsofters Have Just Shared Privileged Trial Data With Microsoft
There are serious ramifications for liability accountability as Microsoft salaries sponsor these SLAPPs
Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Gemini Links 17/05/2025: Happier on Gemini and Manipulating Reddit
Links for the day
ComEd and Microsoft: A Mess of Spaghetti Held Together By Circus Clowns
Reprinted with permission from Ryan Farmer
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 16, 2025
IRC logs for Friday, May 16, 2025