Bonum Certa Men Certa

CCIA Speaks Out and EFF Lashes Out at Andrei Iancu's USPTO for Trying to Work Around the Law and Ignore Courts Because of Patent Maximalists' Agenda

Make Patents Great Again



Summary: A sort of regulatory capture at the USPTO worries front groups of technology companies, seeing that the USPTO simply cherry-picks court rulings in an effort to shape patent law (or at least examination guidelines) in favour of the litigation 'industry'

THE USPTO had improved for a number of years, but then came Iancu, whose firm had worked for Donald Trump. Trump put him in charge of the USPTO, perpetuating the very Trump-like culture/pattern/hallmark of "vendor capture" (more commonly known as "regulatory capture"). The "vendor" in this context is the patent microcosm.



"Trump put him in charge of the USPTO, perpetuating the very Trump-like culture/pattern/hallmark of "vendor capture"."Yesterday the CCIA's Patent Progress wrote something which echoes what we've been saying for a long time: "Further Evidence That Examiners Can Be Incentivized To Improve Patent Quality" (as they should).

Patent Progress under Mr. Landau really gets it (unlike Matt Levy, whose wife worked for the USPTO at the time). To quote Landau's opening paragraph:

Patent Progress has previously covered the research of Profs. Wasserman and Frakes regarding structural incentives at the USPTO that affect examiner behavior. A new paper in the AIPLA Quarterly Journal, written by Eric Blatt and Lian Huang (both former examiners), examines another area in which examiner incentives affect behavior—the Signatory Authority Review Program.


Levy's all-time low was probably the time he wrote for Watchtroll, a site of patent extremists. Here's an example from yesterday, "The Death of Invention" (patents and invention are not the same thing and patents are not dying, they're merely improving).

"Levy's all-time low was probably the time he wrote for Watchtroll, a site of patent extremists.""This is modern €§ 101 in a nutshell," Burman York (Bud) Mathis III writes this week, comparing abstract patents being voided to a "death" and adding a ridiculous image ("painting" or computer rendering) of a graveyard. Quinn and his drama queens. Quinn, the site's founder, has meanwhile traveled to see Iancu and he wrote about it yesterday. Iancu buddying up with Watchtroll (once again) says a lot about today's USPTO leadership. Iancu is quoted as saying: "The proposal is that once we go through the various steps and we make all the modifications that are necessary, new fees would be implemented in early 2021. We’re a ways away from all that."

Will he even last that long? It certainly does not look like technology companies (prolific applicants) like him, but based on this new tweet, the patent trolls' lobby is happy to see such a patent 'industry' actor in charge of the Office. "Iancu has made a very encouraging start at the USPTO, says 3M's IP chief," IAM wrote. He's a patent maximalist, just like IAM which routinely gives him a platform.

"Perhaps Mr. Iancu, appointed by Trump, decided that he like his boss can just ignore laws and court rulings when that suits him and his financial agenda (he's still connected to the company he came from)."By contrast, the EFF's Alex Moss wrote (yesterday evening or last night) about a problem we had been mentioning for several months. He warns that the Office should not be allowed to make mockery of justice, or Iancu ignoring the law and becoming like Battistelli (what did at the EPO). SCOTUS decisions need to be respected, the ITC needs to respect Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) rather than ignore them, and the Federal Circuit's decisions oughtn't be cherry-picked. "The Berkheimer case is a mistake that needs correcting," Moss correctly wrote. Here's more:

Since the Supreme Court’s 2014 Alice v. CLS Bank decision, courts have invalidated hundreds of patents that should never have been issued. Unfortunately, the Patent Office may restrict the impact of that ruling on patent applications under examination.

The Patent Office has issued a request for comment on a proposal to give guidance to examiners that would put a thumb on the scale in favor of patent applicants. If adopted, the guidance would make it too hard for examiners to reject applications on abstract ideas. We’ve argued before against Patent Office proposals that water down the Supreme Court’s Alice decision. We have submitted new comments urging the office to apply Alice comprehensively and correctly, rather than biasing the process in favor of applicants hoping to patent generic computer functions.

The Alice ruling was a big win for software developers and users. The decision empowered district courts across the country to invalidate hundreds patents that should not have issued, and to do so at the earliest stages of a lawsuit, before litigation costs become prohibitive. But lawsuits over patents on basic ideas, like the idea of using categories to store and retrieve information, keep coming. These patents may use technical jargon, but actually require no technology beyond an off-the-shelf general-purpose computer.

Examiners need to understand the change in the law that Alice made. Our comments emphasize the key part of Alice’s landmark holding—describing generic computers performing generic computer functions can’t save a patent.

So why is this guidance coming now? The Patent Office’s new request comes on the heels of the Federal Circuit’s decision in Berkheimer v. HP, Inc., the first case to find evidence outside a patent necessary to decide whether the patent is abstract under Alice. If courts take the direction of Berkheimer, it could mean that those accused of infringement will have to present evidence to a jury at trial before they get a decision on eligibility under Alice.

[...]

Until then, EFF hopes the Patent Office takes our comments into account. The Berkheimer case is a mistake that needs correcting. The Patent Office should not view it as an opportunity to skew the outcome of decisions on pending patent applications in ways that undermine the rules so recently set forth in Alice.


Perhaps Mr. Iancu, appointed by Trump, decided that he like his boss can just ignore laws and court rulings when that suits him and his financial agenda (he's still connected to the company he came from). If that's the case, the reputation of the Office will suffer for a long time to come.

Recent Techrights' Posts

SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day
More Fake News From (and for) IBM, Nobody Ever Held Accountable for Fraud
Companies that turn a blind eye to their own corruption end up recruiting more corrupt people and sacking those who object to the corruption
Links 30/07/2026: Smol Document Server and More PalmOS-ing
Links for the day
Links 30/07/2026: Microsoft Refuting Its Own Slop Hype and "Amazon Is Gutting Its Hey Hi (AI) Division" (GAFAM Bubble)
Links for the day
Today The Register MS Published "AI" Spam and Fake Article by "Senior Technical Marketing Engineer"
unethical practices
Cult inquiry parliament leak fallout
Reprinted with permission from Daniel Pocock
Techrights Will Always Protect Sources
Our #1 priority is sources
European Patent Office (EPO) Series: Legal Concerns and Suspicions of Irregularities
complaints submitted to OLAF
The Era of Silence
So stay silent, remain hidden
GAFAM and IBM Dying in Massive Debt, Hence the Mass Layoffs (Increasingly Silent Layoffs That the Media Fails to Mention)
the integrity of this economy is only as good as its leaders or those who govern the market
TheLayoff.com Deletes Comment That Called IBM's Previous CEO, Ginni Rometty, "Gin 'n Tonic"
It is hard to believe the comment was deleted for being a duplicate (in another thread)
The Mainstream Media Continues to Overlook or Intentionally Ignore Hundreds of Billions in Hidden/Secret Microsoft Debt
the issue is that Microsoft's crisis is a lot greater and broader than this
SLAPP Censorship - Part 134 Out of 200: What "Majority Rules" Tell Us About the Litigant
we press on with this series
Overshoot Day Sites That Contribute to the Problem
Some of these are not even accessible (at all) without JavaScript
Microsoft May Have Gotten Rid of 8% of Its Workforce This Month
It's hard to know what's really going on because there's no transparency due to NDAs
Links 30/07/2026: "Age of Irrationality", Google Losing Money, and "House of Ellison is on the Brink"
Links for the day
Gemini Links 30/07/2026: Homeworlds Notes and Manuscript Submitted
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026