Bonum Certa Men Certa

The Patent Public Advisory Committee (PPAC) Needs to Instruct the Patent Office to Stop Treating Applicants as Customers/Clients

That makes as much sense as classrooms viewing pupils as "customers"

Chair



Summary: The USPTO is being abducted by the Big Litigation lobby, just like the EPO (with Battistelli and Team UPC); sadly, this merely dooms the Office, which is supposed to serve science and technology and relies on scientists and technologists to submit high-quality patent applications

LAST month we wrote about USPTO fees being altered. In whose favour? Might Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) become more expensive still in an effort to discourage filers? The truth of the matter is, Iancu is a destructive force at the Office; he's serving the litigation 'industry' (which he came from).



Later this week "[o]n Thursday, Sept. 6, the Patent Public Advisory Committee (PPAC) will hold a hearing to discuss the latest USPTO proposals to set or adjust patent related fees. The event will be held at the USPTO’s main campus and will be webcast," Patently-O wrote. Who will be listened to? "Interested members of the public are invited to testify at the PPAC hearing about the proposed patent fee adjustments. Those wishing to present oral testimony at the hearing must submit a request in writing no later than Aug. 31," Patently-O added, so it's too late already.

"The CCIA went further, noting that the USPTO now calls applicants “customers”..."Sadly, Mr. Iancu (Trump's choice of Director) makes the PTO seem as rogue as the EPO, at least sometimes. Never mind the fact that Iancu's own firm had worked for Trump before the Trump Administration offered him the job...

A "Strategic Plan" was released by Iancu some days ago even though it was just a draft which reaffirmed suspicions that Iancu was like a 'mole' for the litigation 'industry'.

"In the 2014-2018 Strategic Plan [of the USPTO] the word “customer” appears 12 times," says the CCIA. The USPTO hasn't quite recovered from its disastrous downtime (which it tries to distract from with this "Strategic Plan"); refunds are still a sordid mess and the reputation of the Office was severely harmed. The face-saving messages from Iancu only angered stakeholders further; he made no sincere apologies and did not explain the cause of the downtimes (this was not the first), instead framing them as a "feature", not a bug.

The CCIA went further, noting that the USPTO now calls applicants “customers” (like the EPO calls them) and there's a lot more:

At the heart of these flaws is the USPTO’s embrace of an inappropriate viewpoint. The USPTO treats applicants as “customers,” catering to them first—sometimes at the expense of the public. The USPTO first took this approach in the early 1990s, when it was first required to fund agency activities with user fees. The agency most explicitly adopted it during the dot-com period, stating that the “primary mission of the Patent Business is to help customers get patents.” While the USPTO later retreated from this statement, the viewpoint appears to be re-emerging in the wake of the USPTO’s authorization to set its own fees. In the 2014-2018 Strategic Plan, the word “customer” appears 12 times; in the draft 2018-2022 Strategic Plan, the word appears 70 times. The USPTO is not a business. Taking a view that treats applicants as customers implicitly places their needs and desires over those of the public.

This has real harms. Prioritizing applicants runs the risk of granting patents that shouldn’t have issued, tying up broad areas of technology and rendering known technology unusable. While invalid patents can be challenged, challenges remain expensive and time-consuming. This is particularly problematic when invalid patents are granted in newly developing areas like artificial intelligence, autonomous vehicles, augmented reality, or additive manufacturing, where smaller innovators may not have the resources to challenge patents and may decide to innovate in other areas—or not at all.


If the USPTO becomes an agency of the litigation 'industry' rather than servant for science and technology, people who actually create things will simply view it as a foe. This is the risk Iancu now takes and the Patent Public Advisory Committee (PPAC) needs to take that into account later this week. Whose office is it anyway?

Recent Techrights' Posts

The Right to Punch People (Apparently)
At Brett Wilson, Brett's job title is "Head of Crime" and Wilson normalises calls for violence
Brett Wilson LLP Seem to Have Had Only One Litigation Client in 2025, He Was Previously Charged, Just Like the Serial Strangler From Microsoft (Whom They Now Represent)
Karma is superstition, regulators are not
Project 2030 to Cover How "Project 2025"-Styled Anti-Media Zealots From America Targeted Techrights and Tux Machines
The common denominator is also their attacks on women
Brett Wilson LLP Failed to Meet Deadlines Set by Judge 7 Months Earlier, Tried to Ruin Our Holiday, Then Had the Audacity to Ask Us for Over 3,000 Pounds for Its Own Lateness
As a matter of principle we will never respond to assassin while we are on holiday
Americans Attacking British Sites Only Months After They Leave America
We find it kind of funny if not ironic that this site, originally an American site, got legal harassment only from Americans and only months after it had moved to the UK
Despite Losing Over a Quarter Million Dollars a Year Software in the Public Interest (SPI) Gives Helping Hand to Libreboot
SPI's financial state depends a lot on its public image or its reputation
If You Want to Know the Future, Listen to the Free Software Foundation (FSF) and Andy Farnell
We're sure the FSF will have plenty of its own output
 
Links 19/09/2025: Lobbying of American GAFAM Becomes Data Protection Commissioner in Europe
Links for the day
Links 19/09/2025: Media Freedom Ceases to Exist in US, "Consider Dropping Twitter/X"
Links for the day
Gemini Links 19/09/2025: Thinking and Insect Bites
Links for the day
Microsoft E.E.E.: Git Will Now (or Very Soon) Fully Depend on Rust, Which is Controlled by Microsoft
Microsoft now makes Git dependent on Rust, or making Git dependent on GitHub, which is proprietary
Slop or Fake Articles Have Turned Linux Journal From a Pioneering/Trailblazing "Linux" Magazine Into a Nuisance
some sites with former reputation - good reputation - turn into cesspools
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 18, 2025
IRC logs for Thursday, September 18, 2025
On Claims That After Bluewashing Red Hat Will Increasingly Become an Indian Company
Discussed this week (long and detailed)
Slopwatch: Google Helps Plagiarism and Sends Traffic to Ripoff Artists
That Google as a company helps spamfarms is noteworthy
Links 18/09/2025: A Taliban Ban on Internet Access and Troubled US Job Market
Links for the day
Gemini Links 18/09/2025: Computer Literacy and Accessing Alhena's Database
Links for the day
Links 18/09/2025: US War on Media (Truth Banned, Cancel Culture by the Hard Right), NYT Chief Executive Warns Cheeto is Deploying ‘Anti-press Playbook'
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 17, 2025
IRC logs for Wednesday, September 17, 2025
Slopwatch: Fake Articles, Fake Text, Fake Images, Negative Slant on "Linux"
Google News has lost its value; the signal-to-noise ratio has fallen off a cliff
Gemini Links 17/09/2025: Relax-and-Recover on Proxmox and New Smolweb File Transfer Service
Links for the day
Fact: EFF Got Corrupted by Corporate Money. Microsoft Lunduke (Political Noise): The Issue With EFF is, It Kills Babies.
Microsoft Lunduke - as usual - finds a way to make it about abortions
Pacing Publication Up a Bit
The news cycles have gotten rather light and slow
Links 17/09/2025: Power Outages, Digital Controls, and Attacks on the Mainstream Media (by Insecure and Corrupt Dictators)
Links for the day
Gemini Links 17/09/2025: Flashing LineageOS and ROOPHLOCH
Links for the day
Links 17/09/2025: Long COVID Study, "Exposing Pegasus", and Chatbots Exposing Sensitive Data
Links for the day
Links 17/09/2025: Secret Settlement for Internet Archive and Google’s LLM Slop Summaries Attracting Lawsuits
Links for the day
The True Cost of 'Generative Models'
Funded and promoted by the companies that profit from the waste
'Big Slop' Attacks Contemporary Information/Knowledge and Creative Works, 'Big Copyright' (Cartel) Attacks the Old
Someone at IA will hopefully "blow the whistle" on what they actually agreed
Why We Find It Difficult to Trust Rust
A comparison between C/C++ and Rust
Slop Nihilism is Funded by Big Oil
Eventually human civilisation will destroy itself
Watching the OSI: Our Series Will Carry on Irrespective of the Chief's 'Resignation'
the OSI isn't even the real guardian of the term "Open Source"
Professor Eben Moglen Recovering From Open Heart Surgery
From his public pages (this is not secret)
Just What LibreOffice Needs? Another Language? (Rust)
what's all this concern about memory safety?
Many Microsoft Managers Are Leaving
"Hey hi" chaff or chaff about "hey hi" cannot eternally distract from the difficulties inside the company
There Are Red Hat (IBM) Layoffs, But Google News is Infested With Slopfarms
It contributes a lot to misinformation and it encourages plagiarism
Tomorrow, Microsoft's Tim Anderson's 'The Register MS' Offshoot Will Have Been Inactive for 2 Months (There's Also a Slop Problem)
We've already caught The Register MS using LLM slop for articles
Microsoft's Chief Legal Officer Leaves Microsoft After Nearly 30 Years
And not retiring
Even Windows Users Are Having Problems With "Secure Boot"
When it comes to security - Microsoft strives for the very opposite
Another Competition Crime of Microsoft, Long Facilitated and Advocated by a Bad Actor, Who is Funded by a Third Party to Commit Extortion Against People Who Have Correctly and Repeatedly Warned About It for Over 13 Year
We must always go back to the core issues
3 More Reasons to Replace Mozilla Firefox With LibreWolf
Thankfully there are de-enshittified versions of Firefox
USA Not a Place for Free Speech
In America, as in the US, the attacks seem more enhanced or advanced these days
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 16, 2025
IRC logs for Tuesday, September 16, 2025
Links 17/09/2025: Google Layoffs in "Hey Hi" (AI), Perplexity Hit With More "Hey Hi" (Plagiarism) Lawsuits
Links for the day
Gemini Links 17/09/2025: Reclaiming Things in a Digital Age and Moon Phases in CGI
Links for the day