Bonum Certa Men Certa

Technology Companies at CES Lash Out at the USPTO for Enabling 'Extortion Rackets'

Not only the EPO equips patent racketeers

Capone



Summary: The U.S. Patent and Trademark Office (USPTO) is finally being accused by companies and people who are suffering from patents (those which it so habitually grants, including software patents) of enabling “extortion rackets”, to quote a respected journalist who attended or covered a session with Michelle Lee, the Director of the USPTO

THE just-ended expo in the United States, CES, revealed the first CES raids [1, 2] that we're aware of. In fact, only in Europe have we heard of/seen such scenes before [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13]. Companies that were at CES reportedly complained to the USPTO about the state of affairs. A highly-reputed journalist was there and wrote that "tech industry still hates patent trolls, but it’s starting to have good things to say about the government agency that issues the patents those trolls later wield in what amounts to a legalized extortion racket."



"When we accused the EPO of doing something similar the EPO threatened to sue."Well, companies like Microsoft do this as well, not just patent trolls. Racket is what it is, or an "extortion racket." We have been saying this for years. When we accused the EPO of doing something similar the EPO threatened to sue. The report continues with: "That was the somewhat surprising conclusion of a panel discussion at CES Friday morning that featured some of the leading critics of the current patent system — and was introduced by Michelle Lee, director of the U.S. Patent and Trademark Office."

The USPTO still issues software patents (and issued even more of them before); these are the sorts of patents that almost all patent trolls are using, so the USPTO ought to be held at least partly accountable. Ever since the Court of Appeals for the Federal Circuit (CAFC) gave the green light to software patents the USPTO has issued hundreds of thousands of software patents. CAFC, as we have shown before, is corrupt at several levels (see past articles) and hence highly biased. Patents lawyers' fronts such as Post-Grant Practice Group (profiting from patent maximalism) have just latched onto CAFC, as expected, saying that "efficacy of objective evidence of non-obviousness (i.e., secondary indicia) hinges on the ability to demonstrate a "nexus" between the evidence and the subject patent claims. This is because such evidence cannot be accorded substantial weight absent a nexus to the claimed invention. As pointed out in a previous post a compelling showing of nexus is more likely in the unpredictable arts where specific formulations, dosages and the like are more readily correlated to such secondary indicia as commercial success and long-felt but unsolved needs."

"It is evident that producing technology companies (excepting monopolies that use their brands and their patents, not production) are dissatisfied with the status quo."The wording/words in the above article/blog are designed to mislead (they're hard to read/follow because clarity isn't the goal). What they are trying to allude to, in simpler terms, is that "non-obviousness" (i.e. difficulty of coming up with an idea) can be demonstrated with claims (in the patent application) and evidence. A lot of these foreign language (or cryptic) terms are the way patent lawyers make their business. They make the language (legalese) hard for many people to follow (even to examiners who are purely technical) and this way they can trick people into granting what's not grantable (patent-ineligible).

There still needs to emerge a movement strong enough and broad enough to antagonise the likes of CAFC, the USPTO, and patent lawyers because they are all patent maximalists. Maximalism benefits them directly. It is evident that producing technology companies (excepting monopolies that use their brands and their patents, not production) are dissatisfied with the status quo.

Recent Techrights' Posts

Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day