Bonum Certa Men Certa

The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

Poor assessment of patent applications can now be stopped or compensated for by the Patent Trial and Appeal Board (PTAB) and, failing that, the Court of Appeals for the Federal Circuit (CAFC)

A death squad
A "death squad" is what patent maximalists nowadays call a court (where the only casualty is a piece of paper, or a low-quality patent which US law renders invalid)



Summary: The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States

THE ideology of patent maximalism is a toxic one and it is infectious only within circles that sell, trade, and exploit patents for litigation, not innovation. It's all about financial motivations and those motivated to spread patent maximalism typically profit from mass litigation. It's their most expensive "product" or "service" as it can last several years (appeals, discovery, so-called 'damages' with a 'cut' for respective law firms).



"They don't seem to care about facts, only mythology and beliefs."Earlier this year we started habitually referring to "patent maximalism" (of the "patent microcosm") as "Cult of Patents" because it has become almost like a religion to these people. They don't seem to care about facts, only mythology and beliefs.

"A reader suggested this chart as we approach U.S. Patent No. 10,000,000," Patently-O wrote on Friday. As we said before, it's a pretty meaningless milestone from this Cult of Patents (the patent maximalists). Half a decade or so after Alice and nearly a decade after the Bilski case the Office just granted far too many patents far too fast. Look at the rate of expansion of grants; do people invent twice as many things today as they did about a decade ago? Or a hundred times more than a century ago? Or maybe it's just patent maximalism taking over, dubbing just about anything an "invention" and justifying/ permitting a monopoly on it?

"Earlier this year we started habitually referring to "patent maximalism" (of the "patent microcosm") as "Cult of Patents" because it has become almost like a religion to these people. They don't seem to care about facts, only mythology and beliefs."Juvan Bonni at Patently-O is now promoting Koch-funded patent lobbying from Adam Mossoff. These are patents-maximising boosters/nuts who promote billionaires' agenda and defend patent trolls. Bonni is also promoting ISDS for patents. Look what Patently-O is being reduced to; it's like another Watchtroll or IAM. The more their agenda gets curtailed, the more extreme they seem to become. They already call judges "death squads", so what next? "Nazis"? They then 'interview' USPTO officials like Michelle Lee, later to sort of attack them (after they had met them); the following old meme comes to mind, only in reverse (reality first, then Internet):

Internet fight



To repair the reputation of USPTO-granted patents Mr. Iancu will need to ignore lobbyists like David Kappos and work towards granting less, based on solid eligibility criteria (such as €§ 101 and beyond, taking note of Federal Circuit cases/caselaw). As the CCIA's patents person put it the other day:

Here’s another fun one from the Kappos/Sachs database: 14/118458. Rejected in the US under €§ 101. Except it’s rejected under €§ 101 because its an “e-cat” fusion claim, the modern equivalent of a perpetual motion machine. I think we can all agree that the PTO can reject those.


Timothy Au, who recently helped the EPO's tyrant Battistelli lie about patent "quality", now speaks about Delaware and East Texas. It's just the latest TC Heartland spin basically. "Delaware is now the US's number one patent litigation venue," IAM said, "but there are several reasons why it is unlikely to become the Eastern District of Texas, mark 2." That is what a "study claims," according to IAM's headline. The name of the firm/person behind this 'study' is blocked by a paywall unfortunately (likely intentional). To quote:

Research into the increase in patent suits in the District of Delaware following TC Heartland has found that the venue shift is likely to result in less litigation from patent assertion entities (PAEs), while also revealing that firms incorporated in Delaware have been impacted by the changes resulting from the Supreme Court’s landmark decision most positively. The TC Heartland ruling reinterpreted venue selection rules in the US and drastically reduced the choices a patent owner faces when deciding where to file an infringement lawsuit.


Not too long ago they boosted the likes of “4iP Council”, basically attempting to deny growth of patent trolls' activity in Europe. We've sadly entered this ugly phase where amid efforts to improve patent quality in the US, notably owing to PTAB, USPTO officials like Michelle Lee get defamed and ousted (we won't attribute that to chauvinism, but with people like Watchtroll anything is possible). In Europe, those who speak out in favour of patent quality (or proper examination) are being painted "Nazis" by Battistelli and in the US it's "death squads" (with Nazi Germany connotations).

"In Europe, those who speak out in favour of patent quality (or proper examination) are being painted "Nazis" by Battistelli and in the US it's "death squads" (with Nazi Germany connotations)."Frankly, speaking for myself, I have lost count of the number of threatening letters I've received in recent years (either death wishes or threats to sue me), but this is the kind of climate we now have in the patent world (more like a patent Hell).

In light of SAS Inst., Inc. v Iancu, another SCOTUS case among many, Huawei Technologies Co., Ltd. et al v Samsung Electronics Co., Ltd. is being revisited right now. "Institution of Claims Based on SAS Mandate May Not Simplify Issues for Trial Such That a Stay of Litigation is Warranted," Docket Navigator wrote before the weekend. To quote:

Following the PTAB’s supplemental institution decision in light of SAS Inst., Inc. v. Iancu, ___ U.S. ___, 138 S. Ct. 1348, 1352–54 (2018) instituting inter partes review of all challenged claims of the patents-in-suit, the court granted defendants’ motion to stay because the potential for simplification of issues, the stage of the litigation, and lack of prejudice to plaintiff weighed in favor of a stay.


This is PTAB's efficiency being challenged, in addition to PTAB members/staff being smeared if not defamed almost every single day. As we noted a couple of days ago, one US politician is currently trying to deny PTAB's involvement in the pharmaceutical sector (we suspect because large pharmaceutical companies 'contributed' to him). Earlier today the Illinois Biotechnology Innovation Organization (iBIO), basically a front group for such corporations (like BIO, an anti-PTAB group), advertised this upcming "discussion of how the Supreme Court’s recent to grant cert in Oil States and SAS decisions could impact PTAB invalidity proceedings in the bio/pharma space."

"They attempt to undermine -- not merely shape -- the law."Oil States actually reiforced PTAB's role, quite strongly in fact. What they hope to do is undermine PTAB's reach (bar "scams" such as Allergan's), especially for their sector. They attempt to undermine -- not merely shape -- the law.

Here we are in the middle of 2018 and it almost looks like a 'civil war' in the US; the courts are applying the law, hinged on the US Constitution, but then come a bunch of patent profiteers bashing their own country in an effort to create a state of panic, rationalising profound changes to the law.

Recent Techrights' Posts

SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
 
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
This Coming Friday
Richard Stallman (RMS)
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day