Bonum Certa Men Certa

Making the Patent System About Productive Actors (Again), Not a Bunch of Law Firms and Trolls

Law firms like the one Iancu (on the left) came from, after it had worked for Donald Trump (on the right)

Trump and Iancu



Summary: The US patent system is going out of shape and out of tune, just like the EPO when Battistelli came to it, dismantling the rule of law and even judges whom he did not like

TECHRIGHTS has often focused on EPO scandals, USPTO reforms, and in recent years the new Director, whose agenda is similar to that of António Campinos. President Campinos, appointed by Battistelli (through pressure on the Council), pushes hard for software patents in Europe (under misleading buzzwords), whereas the latter, Iancu, keeps acting like Battistelli by ignoring 35 U.S.C. €§ 101 caselaw (similar to EPC being shunned) while pushing buzzwords. There's a growing similarity if not overlap across the Atlantic. It got a lot worse when Trump gave Iancu this job under controversial circumstances (nepotism). He wrongly assumes that he can assert control over judges and ignore input from USPTO stakeholders, who strongly oppose his position and policies. When we say stakeholders we don't mean law firms but actual companies and creators, engineers, designers etc. (those were, after all, the intended stakeholders of the USPTO when it was set up).



"When we say stakeholders we don't mean law firms but actual companies and creators, engineers, designers etc. (those were, after all, the intended stakeholders of the USPTO when it was set up)."Where do we go from here? Well, we must observe and respond to the situation. The eventuality isn't predetermined and may very well depend on what the public does. Iancu, for instance, is already coming under fire from stakeholders and even courts. As our readers certainly know, the EPO comes under weekly/daily fire even from its very own staff (salaried by the EPO).

At the moment, in 2019, the US patent office and the main European patent office, the EPO, are both controlled by clueless and dishonest people. One need only consider what events they attend and who they speak to. They don't care about science and technology. They wrongly assume that their offices exist just to grant as many patents as possible, giving rise to as many lawsuits as possible. Just before the weekend, for instance, we saw Christian Camarce and Karen Wong-Chan (Sterne, Kessler, Goldstein & Fox P.L.L.C.) celebrating PPH, the Patent Prosecution Highway. In practice, putting patent trolls on the "highway" (PPH) so that they can blackmail more people more quickly and more efficiently isn't what science and technology need; quite the contrary. The risk associated with rushed patent examination (and prosecution) discourages investment and causes greater uncertainty. As this law firm itself has explained:

The Patent Prosecution Highway (PPH) program accelerates examination among participating patent offices. The PPH program first began as a trial program between the U.S. Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) in 2006, to avoid duplicate work efforts and expedite patentability decisions between patent offices. [1] Since then, the program has grown to include over 40 patent offices, including the European Patent Office (EPO), Korean Intellectual Property Office (KIPO), China National Intellectual Property Administration (CNIPA), and Canadian Intellectual Property Office (CIPO). This article discusses a brief overview of the PPH program and surveys PPH activity in participating patent offices.

[...]

The above discussion indicates that the patent offices with the most PPH activity are the JPO and USPTO, with the JPO being the office of earlier examination receiving the most PPH requests and the USPTO being the office of later examination receiving the most PPH requests. The EPO, KIPO, CNIPA, and CIPA also receive a significant number of PPH requests. Thus, for applicants seeking patent protection in these jurisdictions, the PPH program may be a viable vehicle to obtain patents faster than by standard examination.


But at what expense? Accuracy of course. There's less time for appeals and objections, for instance. In the age of 35 U.S.C. €§ 101, moreover, American examiners are eager to also allow patents that ought not exist in the first place. Iancu is egging them on, making leeway for ignoring caselaw.

"At the moment, in 2019, the US patent office and the main European patent office, the EPO, are both controlled by clueless and dishonest people."Just before the weekend, Josh Landau (CCIA) spoke of "working to ensure that unclear patent claims—claims which fail to serve their intended purpose of providing public notice—are considered invalid."

Landau, like his implicit EFF allies, is growingly upset at Iancu's lies and distortions. Here's the context of this latest rant of his and some conclusions:

Amgen’s patent required a process with three separate steps. Sandoz’s process was a single step process that performed the same general function. But Amgen claimed that Sandoz infringed under the doctrine of equivalents, a patent law doctrine that allows a patent owner to assert infringement that goes outside of the literal scope of the claims.

[...]

Even if a patent claims one way of doing something, not just the result, if the language of the claims is unclear or impossible to understand—or even to understand easily—then members of the public are faced with the choice of either avoiding an area of technology they might well be entitled to use, or else engaging in that area and running the risk that they do infringe a valid claim.

USPTO Director Iancu often refers to “certainty” and “predictability” when discussing €§ 101. But those same concerns—the ability of the public to have certainty and predictability as to what a patent means—are far too often not part of the discussion. This week, the Federal Circuit again highlighted this problem. Their future case law should do the same, working to ensure that unclear patent claims—claims which fail to serve their intended purpose of providing public notice—are considered invalid.


None of the above is yet unheard of; we're seeing more and more arguments like these and ours predate the actual appointment of Iancu (when he was only nominated and way before his attacks on 35 U.S.C. €§ 101 back in January). Yesterday, perhaps belatedly, Patently-O wrote about the case that we had included in daily links for quite some time, asking (in the headline) the famous old question, "What happens when Patents Are Later Invalidated?"

"Iancu is egging them on, making leeway for ignoring caselaw."It's about 35 U.S.C. €§ 101.

The huge industrial and societal cost of fake patents being granted (and there's never justice at the end; only the lawyers benefit at everyone's expense) is described in the context of this case, even in the words of patent maximalists:

The basic question here is whether the late-stage invalidity in T-Mobile can be used to cancel Sprint’s adjudged liability. So far, the courts have sided with Sprint, although it was important for Sprint’s case that it took pains to slow-walk its post-appeal activity (request for rehearing and petition for certiorari) so that the case still had some life by the time the T-Mobile decision was released.

June 23, 2017 – the Federal Circuit invalidated the patents in the T-Mobile decision. June 27, 2017 (two business days later) – Sprint filed a R.60(b) motion for Relief from Judgment based upon the Federal Circuit’s binding authority “that the patent claims underlying that judgment are invalid as unpatentable under 35 U.S.C. €§ 101.” The district court complied and set-aside its prior verdict and the Federal Circuit affirmed — finding no abuse of discretion.

As part of the Sprint timeline, it is notable that the Federal Circuit issued its mandate in May 2017 (before the T-Mobile invalidity decision). After the T-Mobile decision, Sprint unsuccessfully requested that the Federal Circuit recall the mandate. However, the court did issue a statement that recall was “unnecessary” because the “mandate does not alter how the district court should decide the preclusive effect of the T-Mobile ruling, which did not exist in May 2017.”

Another important element here a big question about whether the T-Mobile invalidity applied to all of the claims at issue in Sprint (the Federal Circuit retrospectively said yes).


Will the cost of this injustice be taken into account or only USPTO revenue? SUEPO very well grasps the idea/impact of externality and has spoken about it publicly for a number of years. We very much appreciate SUEPO (i.e. European patent examiners) for that. Why don't USPTO examiners/patent clerks do the same?

"SUEPO very well grasps the idea/impact of externality and has spoken about it publicly for a number of years."As pointed out by Benjamin Henrion last night, far too many patents are being granted. "China just allows patents on pretty much everything," I responded to him. "My longstanding theory is that they flood the system of WIPO with junk so as to discredit it, making it obsolete (almost 1.5 million filings per year! More than the world COMBINED!)"

Henrion had also responded to another dumb piece from Watchtroll, titled "Independent Inventors to USPTO: We Are All Underrepresented in This Patent System"

"They labeled all software patent owners as patent trolls," he quoted from it, adding: "Rightly so. Software developers deserve freedom of programming, not interference from the state in between them and their keyboard [...] Small software patent trolls says they don't have a voice at the USPTO: "Like many software patents post-2014, my first attempt to enforce my rights was defeated this past October.""

"Blogs sympathetic to the agenda of Iancu are running out of steam and it's no wonder that the supposed 'bill' or 'fix' from Coons et al (against PTAB and Section 101 etc.) hasn't been mentioned in a long time. It's silently dying, just like in past years."When Watchtroll's Eileen McDermott talks of "Independent Inventors," I've told him, she means not inventors but people who have a patent and want to sue someone who actually does, not says, something. The term "inventor" became wildly misused like "patriot" and other nonsense. Giving them something like PPH is only exacerbating matters.

We don't want to link to Watchtroll. We stopped doing that about 5 months ago. We're still adding new cases and case outcomes to daily links, without necessarily commenting (for lack of time mostly). Like we said last week, many blogs have become inactive. Remember Docket Report? It suddenly stopped completely (last summer). There are other such examples. Blogs sympathetic to the agenda of Iancu are running out of steam and it's no wonder that the supposed 'bill' or 'fix' from Coons et al (against PTAB and Section 101 etc.) hasn't been mentioned in a long time. It's silently dying, just like in past years.

Recent Techrights' Posts

Omarchy is Already Dying
Same as the life cycle of slopfarms
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
 
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day
Evri (HermesUK) is Now Run by Bots and Hallucinating Scammers
Years ago they virtually removed support and tried chatbots instead
Less Technology, More Life
Technology is being associated (sometimes rightly) with physical and mental problems
Google Search Has Gotten Worse (a Lot Worse)
getting worse
Birthday in 80 Days
we'll start decorating and party online with our community
Loans and Massive Debt at Microsoft, This Won't End Well.
Microsoft running out of money to pay salaries (to the point of paying people for 'voluntary' layoffs) is a positive sign?
Gemini Links 17/08/2026: Life in Plain Text, Mimicking KARL, Release of Jugulans, Avoiding Slop
Links for the day
Clown Storage Without Backups
Setting up several reliable copies of the data, plus several off-site backups (this data is nowhere as sensitive as medical data), should only cost a few grand
FreeCAD is Becoming Slop-ware, Use LibreCAD Instead
It has regular releases and "Qt5 is mandatory" now [...] they at least audit what they add
Cuba and Venezuela High in Adoption of GNU/Linux
some of the "communist" nations
Links 17/08/2026: Myanmar’s Cholera Outbreak, China Sends Commercial Vessels Through Arctic
Links for the day
GAFAM Loyalty Has Come to an End, Morale Low, People Whose Future is Uncertain Choose to Become "Lifers"
morale is low and there's no loyalty anymore
SLAPP Censorship - Part 152 Out of 200: Injunctions Do Not Cover Criticism, They Have Scope
self-incriminating communications
Clownflare Sees About Quarter of Web Requests in Ireland Coming From GNU/Linux
Well, in Ireland it seems like many people adopted GNU/Linux
Clownflare: In Australia and New Zealand GNU/Linux Peaks at Over 10% During Working Hours
That right there is interesting in its own right
Slowing Down by Intention
At the moment we have 6 or 7 ongoing series
Gemini Links 17/08/2026: Chamboree, Partial Solar Eclipse, Lady Macbeth
Links for the day
Links 17/08/2026: "Bluesky Is Down Again!" and "Anti-Social Media"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 16, 2026
IRC logs for Sunday, August 16, 2026