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

Instant Bluewashing at Confluent: Mass Layoffs Alleged at IBM
So the main question is, did IBM just fire 800 people?
 
Links 18/03/2026: Commodore's Hedley Davis Dies, Apple Not Good Enough, Cheeto "Floats Treason Charges for Iran War Coverage"
Links for the day
A Step Close to Shutting Down the European Patent Office (EPO)
Not going to work all month long
EPO Staff Demonstration Today
The demonstration will be live-streamed for those thousands of colleagues who don't live in Munich
Gemini Links 18/03/2026: Brazilian SYN Attacks and BGP
Links for the day
LibreLocal Also Coming to Jordan, Kenya, Mexico, New Zealand, and Spain
It helps raise awareness of Software Freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 17, 2026
IRC logs for Tuesday, March 17, 2026
Microsofters' SLAPP Censorship - Part 14 Out of 200: Men Who Strangle Women (and Worse) Trying to Force Us to Write Public Apologies to These Men
For those who never before saw a SLAPP, they basically make many demands
"Vibe-forking" and Why It'll Ultimately Fail (Hype on Top of Hype)
Code made with LLMs sucks; converting solid, human-tested code into slop only complicates matters and increases risk
Updates About Richard Stallman's Free Software Foundation
After all those years (a decade) and in spite of phony scandals many people out there still respect him
LLM Slop With "Linux" in the Domain Names
This is becoming a pain and a problem also in the arts and in software engineering
The EFF Has a Bug, Fixing This Bug is Likely Not Possible Anymore
"the EFF's continued existence impairs the arrival of a replacement organization, one which will actually champion digital rights."
Sophie Brun, Raphel Hertzog & Debian sexual conflicts of interest
Reprinted with permission from Daniel Pocock
Links 17/03/2026: Microsoft Windows Broken by Samsung, Afghanistan-Pakistan War Escalation
Links for the day
Gemini Links 17/03/2026: Newcomers and False-Positive 'Slop'
Links for the day
Héctor Orón Martínez & Debian shadow candidate pressure on Sruthi Chandran
Reprinted with permission from Daniel Pocock
Links 17/03/2026: American Fentanylware (TikTok) Investors Implicated in Kickbacks, "Big Oil Knew It Was Wrecking Louisiana’s Coast"
Links for the day
For Third Time in a Week The Register MS Runs Google SPAM That Paints Google as an Ally of Women (Which is False, They're Womanisers)
What does that make The Register MS to women?
British Justice Minister Sarah Sackman Blasts Solicitors Regulation Authority (SRA)
The "legal industry" is due for "some reckoning"
GAFAM Deprecating Old Videos ("Content") by Removing the Support for Their Format for No Good Reason
"Security" is not a valid excuse
Credit/Debit Cards Have Long Been Called Plastics, Over Time They're Becoming More Like Pure Plastics
They cost less than a dollar to manufacture
The European Patent Office (EPO) Holds a Public Demonstration Tomorrow and It'll be Live-streamed
The EPO's workforce was meant to be capable of speaking many languages and have extensive experience in the sciences
People Who Attacked Techrights Also Attacked My Mother
Picking on old ladies because you don't like Free software advocates is never OK
Little Community Element Left in CentOS
CentOS, unlike Fedora, was meant to be long supported and solid
Social Control Media is Cancel Culture (Companies Like Facebook Also Punish/Ban Accounts for Mentioning "Linux" and Lobby for Anti-Linux Legislation)
The masters of Social Control Media decide what ideas can and cannot be expressed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 16, 2026
IRC logs for Monday, March 16, 2026
Someone at Association for Computing Machinery (ACM) is Censoring the Birthday Greetings to Richard Stallman
Some people remember
The European Patent Office (EPO) Illegally Transitioning Into 'Gig' 'Economy' Equivalent (a Shop for Patent Monopolies in Europe)
for scabs aka SEALs
At Least Six EPO Strikes Next Month (Yes, Six!)
The pressure intensifies over time
Several MPs Blast Solicitors Regulation Authority (SRA) for Inaction and Ineffective Action This Week
"Four MPs have written to the SRA"
Microsofters' SLAPP Censorship - Part 14 Out of 200: The Abusive Cases of the Serial Strangler From Microsoft and His Litigation Buddy Garrett Did Cause "Serious Harm"
claims were de facto abandoned at the trial
Today's Discussions About How IBM Pushes Workers Out
The corporate media keeps trying - baselessly and in vain - to paint everything that happens with the "hey hi" brush
Linux Teck (linuxteck.com) and Ubuntu PIT (ubuntupit.com) Are Botspam
now they just keep experimenting by trashing their sites and reputation
Links 16/03/2026: Moscow Experiencing Cellphone Internet Outages, "Salman Rushdie Is Tired of Talking About Free Speech"
Links for the day
Links 16/03/2026: Arctic Security and 'Mr. Nobody Against Putin'
Links for the day
Gemini Links 16/03/2026: KN95 Skins and CSS Surprises
Links for the day
Debian is Dying for Some of the Same Reasons IBM's Fedora is Rapidly Dying
Prioritising CoC censorship, not communities
The Register MS is Again Femmewashing GAFAM (Which Makes Widows) in Exchange for Money
This is a moral issue because they betray or harm women and prop up authoritarian regimes
Gemini Links 16/03/2026: AB 1043, Lagrange Android Beta 47, and Poetry
Links for the day
"Slop-forking" or "Vibe-forking" as the New 'Noble' Plagiarism
New Cloudflare Slop Project?
EPO "Cocaine Communication Manager" - Part VII - Cult Mentality, Mobbing, Nepotism
Does the EPO actually believe in the law?
2026 Microsoft Layoff Rumours
Surely if we had properly-functioning media, then someone would investigate this rather than rely on official statements from Microsoft and WARN notices
EPO Strike This Week
contact your national representatives about it
Gemini Links 15/03/2026: "Create Opportunities for Good Things to Happen", DOSbook, and Bitcoin Criticism
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 15, 2026
IRC logs for Sunday, March 15, 2026
Pirate Praveen Arimbrathodiyil & Debian denouncing volunteers, hiding romances
Reprinted with permission from Daniel Pocock