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

Car Companies Fail Because They Don't Manufacture What Costumers Actually Want
They try to impose their dumb vision on purchasers
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026
Gemini Links 24/07/2026: Animal Friendship, Squirrels, and Lagrange
Links for the day
Links 24/07/2026: IOC Drops Russia Ban, New Internationalist Raises Money
Links for the day
Poor Piece From Valnet: Microsoft Keeps Sabotaging GNU/Linux, So You Should Quit Using GNU/Linux
Really awful take
We Need More Encryption, Not Less of It
Use Free software and use encryption to ensure sources are fully protected
At 3PM on a Friday The Register MS Collects Some 'Pyramid Scheme' Money From Communist China (ZTE)
This won't age well for The Register MS
What Freedom Does Not Mean
Tell Warren Buffett to go skiing; he'll soon understand how much freedom he truly has
Linuxiac is Plagiarism
We won't link to it, we're done [...] If you wish to support journalism about GNU/Linux, do not visit or link to slop
Verizon is Over 200 Billion Dollars in Debt (US Telecoms Collapsing, Wrapping Up the Failure in "Hey Hi" Clothing)
They will tell us this is "innovation", not a failure, and that only "Luddites" would oppose this
You've Been Conned If You Ever Believed That MElon (MUSK, Elon) Was a Trillionaire
Connected to corrupt officials
The People Who Tried to 'Cancel' (or Deplatform/Censor) Daniel Pocock Are Annoyed That He's Mentioned in Dozens of Press Articles
If Pocock's words did not matter, there would not be such a huge effort to silence him
Cybershow Explains Why Only Sociopaths Gravitate Towards Leadership Position in 'Tech'
The general thesis is a familiar one
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Speeding Up 'Down Under': Australia, New Zealand, Tasmania...
As things stand, the best we can do is let people retrieve pages within less than 0.1 seconds since a request is received
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock