Bonum Certa Men Certa

Invalid Patents 'Great Again'?

Andrei Iancu putting his longtime advocacy of software patents into practice (even if it's illegal)

Disappointed



Summary: Disappointed patent recipients to come? The USPTO has apparently resumed mass allowance of bogus patents which are abstract and would therefore fail 35 U.S.C. €§ 101 tests in American courts

TWO blog posts caught our attention yesterday and we've already mentioned these in Daily Links. But these merit futher debate. They show that the U.S. Patent and Trademark Office (USPTO) disregards 35 U.S.C. €§ 101, dis-empowers the Patent Trial and Appeal Board (PTAB) where inter partes reviews (IPRs) remove fake patents, and leaves the Federal Circuit -- an actual court -- to clean up the mess.



"It's an attack on the legal mechanisms -- similar to what we've been witnessing at the EPO."Shades of António Campinos (and prior to him Battistelli) at the European Patent Office (EPO). They're using the "hey hi" (AI) hype to justify abstract software patents [1], the judges are being besieged [2], and as a result more patents are being granted [3] -- irrespective of underlying legitimacy.

As we put it yesterday in Daily Links, the USPTO "lowered patent quality again (by granting loads of illegal patents such as abstract ones, using ridiculous loopholes)" and "software patents booster Michael Borella (no, he's no coder) [wrote about] the Office cherry-picking PTAB cases so as to continue granting illegal, fake, bogus, laughable patents..."

According to Unified Patents, PTAB proceedings were down by a quarter last year, just as Iancu had planned and hoped. It's an attack on the legal mechanisms -- similar to what we've been witnessing at the EPO.

Related/contextual items from the news:



  1. USPTO Makes Ex Parte Linden An Informative PTAB Decision

    Moreover, the Examiner found that the claim also fails under the second step of Alice. To that point, the Examiner wrote that the claimed invention "[d]oes not amount to significantly more since it is just decoding a transcription using a mathematical formula or relationship."

    [...]

    This case is of note because it is one of the first in which the PTAB has confirmed that a machine learning invention can be non-abstract. While the USPTO's example 39 has suggested that one can claim a machine learning procedure without reciting any of the underlying mathematics, a mental process, or a method of organizing human activity, this decision affirms that is the case. The PTAB also seemed persuaded, based on statements made in the specification, that the claimed invention entails an improvement over previous techniques used to address the problem domain.

    Of course, a district court or the Federal Circuit might agree or disagree. But, at the very least, the reasoning herein provides a roadmap for claim drafting and prosecution that may situate an invention to pass €§ 101 muster in the USPTO.



  2. 2019 Patent Dispute Report - Year in Review

    Keeping with the trend of previous years, the volume of new patent disputes decreased yet again in 2019. However, the number of patent disputes involving Non-Practicing Entities (NPEs) increased by 4% compared to 2018, perhaps fueled in part by the sharp decrease in new PTAB petitions and low institution rates.

    Highlights:

    - The number of new PTAB proceedings (IPRs, CBMs, and PGRs) is down 23% compared to 2018. Meanwhile, the PTAB’s institution rate in IPRs has remained steady with trial being instituted in 62% of proceedings in 2019.



  3. How Many Patents Issued in 2019?

    New Record – 354,507 Utility Patents issued by the USPTO in 2019. The decade (2010s) also outstripped any other decade by leaps and bounds.

Recent Techrights' Posts

Rust is Financially and Technically Controlled by Microsoft. Rust Foundation is a Front for Microsoft's Proprietary Software.
Rust is not and has never been about security
Gemini Links 10/09/2026: "I Don’t Want to Interact With Stochastic Parrots" and "ROOPHLOCH 2026!"
Links for the day
What the British School Closure (BSN Senior School Leidschenveen) Means to EPO Staff
The only European thing about the EPO is the staff
Standing in Solidarity With Matt Mullenweg
I don't trust the people and companies that want Mullenweg out. Neither should you.
Links 10/09/2026: "Smear Campaign Says Anti-Flock Movement Is Chinese Propaganda" and "Flock Employee Calls Cops on Reporter Filming Them"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 09, 2026
IRC logs for Wednesday, September 09, 2026
IBM's Senior VP of Infrastructure is Out, Silent Layoffs Still Going On
Some people imagine the CEO will also "retire" very soon (and "ahead of time")
Gemini Links 09/09/2026: Mechanical Cameras, "Super App", and Prusa Issues
Links for the day
SLAPP Censorship - Part 177 Out of 200: Manosphere Without Financial Transparency
It has moreover replaced a female worker with a male
Deadline Tomorrow (10th of September) to Appeal the EPO's Fleecing of Staff (Union to Make Legal Challenges)
Join them. Fight the good fight.
linuxstans.com Died, Then Came Back as Slop (LLM Junk)
Don't make the mistake or the assumption that merely 'dabbling in' or 'experimenting with' LLMs can be forgivable as it is a trust destroyer
Links 09/09/2026: GAFAM Fatalities in Miami International Airport, "Britain’s Health Crisis Is Becoming a Political Crisis"
Links for the day
Gemini Links 09/09/2026: "Adjective Is Subjective" and Walled Gardens
Links for the day
Plagiarism is Hardly a New Problem, It Predates Mainstream Media Getting Paid to Whitewash It as "Training" or "Hey Hi", Then Conflate Plagiarism With "Intelligence" or Deferred "Value"
"Quantum" isn't new either; it's a 'circle-jerk' for companies without direction, only hype
Links 09/09/2026: Airport 'Down' (Glasgow and Edinburgh), 'Open' 'AI' Losses Rise to Pace of 50 Billion Dollars in Losses Per Year
Links for the day
Unsafe at Any Speed, "Modern" Appliances
Appliances have gotten worse
SLAPP Censorship - Part 176 Out of 200: The Sex-Obsessed Non-Experts
We heard some sexual stories
European Patent Office (EPO): No Transparency and No Paper Trail
The incompetence is that of the management, i.e. sheer incompetence of people who never examined a patent in their entire lifetime
Gemini Links 09/09/2026: Going Out, Smartphone Addiction, Mapping the Geminispace
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 08, 2026
IRC logs for Tuesday, September 08, 2026
Linux is Sabotaged by Botspam and Bloat (de Facto Denial of Service Attack in "Intelligence" Clothing After Rust in "Security" Clothing)
Linux is becoming orphaned, devalued and diluted by GAFAM slop
Switzerland No Longer Wants Microsoft's 'Swiss Cheese' (Back Doors)
Switzerland's patience with Microsoft is wearing thin
Debian is Not a Community, Many Debian Developers Work for Large Companies Including GAFAM (US)
"Community" sounds like friendship and amicability
Links 08/09/2026: Slop Companies Attack Some More Sites, Nvidia Bribes 'Linux' Foundation for Some More Openwashing and for Saying Slop is "Secure"
Links for the day
Gemini Links 08/09/2026: Ultra Introverts, BlackBerry Bold in 2026, and Laughing at LLMs
Links for the day
Microsoft Layoffs in October 2026
Microsoft is a market leader. In NDAs.
Links 08/09/2026: "The Green Revolution Has Failed Africa" and Palantir/Microsoft Harming NHS
Links for the day
Microsoft's Silent Layoffs Are the New Normal at Microsoft
Microsoft has a ton of layoffs all the time, but the media isn't mentioning those as no WARN notices get issued
SLAPP Censorship - Part 175 Out of 200: Implicit and Explicit Coalition Against the UK's SLAPP Industry
SRA recognises the problem
Further Transparency Problems at the EPO
The EPO was never meant to be profitable
Gemini Links 08/09/2026: "Everything Must Go", Announcing Perigee, and Presentations in a Browser
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 07, 2026
IRC logs for Monday, September 07, 2026