Bonum Certa Men Certa

Letting the USPTO Decide on Fees Would Lead to a 'Battistelli Scenario'

Don't let Iancu become the 'American Battistelli'

Silver Quarter



Summary: The US patent office, which ultimately profits from patent maximalism, is being given too much power/leverage over the laws/policy which govern its operations, enabling the Trump-connected new chief to implement rollbacks which would harm patent quality and empower patent trolls

THERE are several concurrent and ongoing efforts to sabotage the US patent system's reform. This is part of the lobbying campaign for the litigation 'industry' (or pipeline) and a lot of the lobbying targets the Patent Trial and Appeal Board (PTAB). Thankfully, they haven't been able to stop PTAB or even slow it down (not considerably anyway).

Several months ago we saw the USPTO's fee-setting authority misused/abused to make PTAB IPRs more expensive*, courtesy of Mr. Matal, who had helped bring AIA into full swing more than half a decade earlier.

Senator Coons has just shown up again. He's far from a scientist, having studied Arts and then pursued a Master's Degree in Ethics, according to Wikipedia. Why does he obsess so much over the patent system, which he clearly does not understand? He and his staff keep showing up in patent maximalists' lobbying events. The patent trolls' lobby has also just mentioned him as follows:

New USPTO fee setting powers could be approved by September, predicts Senator Coons



USPTO Director Andrei Iancu was back on Capitol Hill earlier this week for an appearance before the House of Representatives’ Judiciary Committee. With the impact of the Supreme Court’s decision in SAS Institute, the proposed change to the claim construction standard in post-issuance proceedings and ongoing concern around uncertainty in the law on what constitutes patent eligible subject matter, there was certainly plenty for the members of Congress to grill him on. It was notable therefore that in his opening statement the first issue that Iancu addressed was the USPTO’s fee-setting authority.


The USPTO probably should not be in a position like that. There should be further separation of authority and power because the USPTO strives to make as much money as possible, which sometimes means granting as many patents as possible and revoking almost none (as that might discourage applicants, or so-called 'repeat/regular clients').

The CCIA recalls the dying anti-PTAB bill of Coons and then speaks of a "Fee-Setting Reauthorization Bill". The CCIA's Josh Landau writes:

As I wrote back in March, fee-setting authority is critical to USPTO operations and it expires this September. This authority ensures that the Office is properly funded, and helps ensure that the Office isn’t financially incentivized to grant patents that would not otherwise have been granted. The Chabot-Johnson companion bill would renew this authority, providing the Office with the ability to continue to recover the costs of examination. Without their bill, PTO operations will be less efficient and we’ll likely see more bad patents issue.


These "bad patents" are what we worry about; there need to be affordable appeal mechanisms such as PTAB. Affordability is key. Don't allow Iancu to price it out of reach.

Watchtroll, the patent extremists' voice, has mentioned politicians like Lofgren and Issa (pro-patent reform) in relation to this. Quoting:

On Tuesday, May 22nd, the House Judiciary Committee convened a hearing regarding oversight of the U.S. Patent and Trademark Office. Appearing before the committee to testify on the agency’s actions was USPTO Director Andrei Iancu. Among the major topics discussed by members of the committee were the agency’s authority to set fees collected from users, the potential diversion of those fees to other agencies within the Commerce Department, as well as recent changes proposed by Director Iancu to bring aspects of patent validity trials conducted by the Office into alignment with standards practiced in Article III district courts.


Several questions are hanging on the balance right now, including patent scope (because Iancu is 'pulling a Berkheimer'), PTAB procedures (because of SAS Institute v Iancu) and the cost of various 'products' (or services). Based on what we have seen so far (a few months), Iancu is a foe of patent reform (AIA) and more or less an extension of the patent microcosm, albeit he's bound by courts' decisions. He should not be the one to determine law/rules, including the costs of associated services. Just look no further than what happened to the EPO, where Battistelli started telling his bosses (the Administrative Council) what to do rather seek advice (or formal proposals) from them. They became 'rubber stampers'. ____ * The EPO's Battistelli did something similar to PTAB's equivalent (BoA) at Europe's largest patent office. He did this repeatedly even; maybe because it helps hide the decline in patent quality.

Recent Techrights' Posts

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.
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
 
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
[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
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
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
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter