Bonum Certa Men Certa

Patent Maximalists -- Not Reformers -- Are the Biggest Threat to the Viability of the Patent System and Innovation

Rants about PTAB, Alice and so on merely make things worse. Limits exist for a reason and these limits need to be honoured.

Low maximum speed



Summary: Those who strive to infinitely expand patent scope are rendering the patent system obsolete and completely losing sight of the very purpose of the patent system, whose sanity US courts and lawmakers gradually restore (one ruling and one bill at a time)

THE USPTO will have granted fewer patents than before by year's end. Recent numbers (a subset of the total) reaffirm rumours we've heard about that. That's not bad news. To patent law firms that may be bad, but for society at large this may simply mean that patent quality is improving, unlike at the EPO, as we've just noted.



"Not every patent represents an invention; some are more like a rendition."Not everything needs to be patented. Not every patent represents an invention; some are more like a rendition. Like music. It is not hard to understand that design patents are rubbish and the Supreme Court (SCOTUS) ought to reassess their necessity, or the lack thereof. We continue to be amazed at the sorts of design patents that we find out there; here's a new example from Apple. Why are these not being covered solely by trademarks and copyrights, which already cover software as well (the latter does)? I suppose hardware patents (like these new ones) are OK and I've no real issue with those assuming prior art search was properly done and the innovative steps are sufficiently large.

"Watchtroll has created a caricature of the patent system. Judges are being mocked, courts that simply apply the law are being dubbed "anti-patent" and technologists themselves (or those who support them) are constantly derided."Patent maximalism is a threat to the patent system because it merely serves to harm the legitimacy of this system. This means that whenever courts push back against patent maximalists they actually guard the patent system. PTAB, for instance, is still being supported by the Federal Circuit (as usual). Earlier today Patent Docs wrote about Otonomy, Inc. v Auris Medical, AG. To quote the gist of it all: "The Federal Circuit also affirmed the Board's determination that certain claims of Otonomy Inc.'s application are not anticipated by the publication of Auris Medical's International application. [...] The Federal Circuit therefore affirmed the Board's determination that the WO '949 does not anticipate Otonomy claim 38."

Watchtroll has created a caricature of the patent system. Judges are being mocked, courts that simply apply the law are being dubbed "anti-patent" and technologists themselves (or those who support them) are constantly derided. Here comes Watchtroll 'chum' Steve Brachmann (simply a writer) mocking PTAB again. Watchtroll did it again today and yesterday it was Burman York (Bud) Mathis III with a rant about PTAB, Alice and so on. To quote a portion:

For those patent professionals and inventors who are not yet convinced that the exceptions to €§ 101 under Alice/Mayo are not presently swallowing the rule, I invite you to read the district court decision of American Axle v. Neapco. As a spoiler, I’ll tell you that the district court judge addressed the inevitable pesky preemption issue by citing Ariosa. While the Federal Circuit has yet to decide the case, which involves an apparently novel and non-obvious way to dampen engine vibrations, I am not hopeful given the Federal Circuit’s love for Ariosa, and the fact that internal combustion engines are ubiquitous and really, really old things.


Well, €§ 101 is something to be celebrated, not opposed. They protest what simply doesn't serve their financial agenda; never mind if their business is nontechnical. So does this blog called "patents4software", which has just published "Is Machine Learning Technology Going to be Collateral Damage under the Abstract Idea Exception?" [via Janal Kalis, a.k.a. Patent Buddy]

Of course. These are just software patents (glorified with buzz/hype) and they are thus invalid; they're false 'trophies'. They don't represent inventions. I say this as someone who spent years working in the area of Machine Learning (I wrote detailed reports on it even a decade and a half ago). The blog says: "My colleague Janal Kalis identified 21 PTAB decisions directed to machine learning patent applications published since 4/1/2018. According to Janal, seventeen of the patent applications considered had been rejected by examiners with 101. The PTAB affirmed examiners’ 101 rejections in 16 cases and reversed in only 1 Case."

"...€§ 101 is something to be celebrated, not opposed."We mentioned this a few days ago.

Either way, the improvement in patent quality is something that society at large should praise, not condemn. We recently wrote about how patent maximalism reduced choice in the market (Arista's loss). That's still in the news today and yesterday [1, 2, 3]. Cliff Saran wrote:

Arista Networks has settled its ongoing patent dispute with Cisco, making a payment of $400m to its rival.

Arista got into a legal spate over 14 Cisco patent infringements in December 2014. While Cisco claimed patent infringement, Arista argued that Cisco went after it because it was gaining share in the lucrative datacentre market.


Cisco -- like IBM -- makes technical people better aware of its real intentions, which are to guard a monopoly and profit from patents rather than sales. This is what patent maximalism generally leads to. It's bad for society; it's a fat 'thicket' (about 100,000 patents for some companies) which increases barrier to entry. ⬆

Recent Techrights' Posts

Gemini Links 04/10/2026: Peace in Outage, Pen Pals, and deGoogling
Links for the day
 
How Microsoft Hides Massive Layoffs From the Media (as Explained by Microsofters)
"rewards" are not exactly rewarding
Brigading Against Women - Part XVII - The Appeal
more to be known towards the end of the year
Links 04/10/2026: Fires Rage in Borneo and Mass Layoffs at Disney
Links for the day
Garrett's Litigation Partner is Unemployed Again
losing one's job
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 03, 2026
IRC logs for Saturday, October 03, 2026
Teaser/Taster
Tomorrow morning we'll have an important story regarding "GGG"
Gemini Links 03/10/2026: Book Swaps and Book Crossing, Hidden Figures (2016), Apps and Tools for Research and Writing
Links for the day
Michael Catanzaro Seems to be Missing the Point
Calling people you disagree with "Ostriches" is lazy name-calling
Free Software Foundation (FSF) Turns 41
People who want humans and communities to maintain their software chains (and by extension their digital life) will back GNU
Links 03/10/2026: "Banned Books Week 2026" and "American Journalist Imprisoned as a Spy in Russia"
Links for the day
In Case Anybody Still Believes Microsoft Lunduke Cares About GNU/Linux...
GNU/Linux users aren't bots
Gemini Links 03/10/2026: Speculative Realism, Paper2SlopBot, Joplin, and Offline Experiment
Links for the day
Union Syndicale Fédérale (USF) Tries to Compel the European Patent Office (EPO) to Actually Function Properly
We'll be covering the EPO a lot more soon
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs