Bonum Certa Men Certa

USPTO Craziness: Changing Rules to Punish PTAB Petitioners and Reward Microsoft for Corruption at ISO

Mr. Iancu and his colleagues do not appear to understand (or care) that they are rewarding Microsoft for epic corruption at ISO and elsewhere

No-OOXML



Summary: The US patent office proposes charging/imposing on applicants that are not customers of Microsoft a penalty; there's also an overtly and blatantly malicious move whose purpose is to discourage petitions against wrongly-granted (by the USPTO) patents

THE previous post spoke about how the Federal Circuit rejects software patents, as does the Patent Trial and Appeal Board (PTAB). An inter partes review (IPR) is almost guaranteed to thwart any software patent if it is applied to one (not a cheap process, but a lot more affordable than a court battle, which can only be initiated by patent holders).

"Iancu was a pick of the notoriously corrupt Trump, whose firm had previously worked for Trump. Coincidence?"It is no secret that Director Iancu wrote articles in support of software patents and software patents are not valid anymore, based on what the SCOTUS has decided. This means that the person whom Trump put in charge of the patent office in inherently is disagreement with patent courts. An untenable situation? Iancu was a pick of the notoriously corrupt Trump, whose firm had previously worked for Trump. Coincidence?

Either way, everything we have seen so far confirms our worst fears -- that Iancu would work for the patent microcosm rather than for science and technology. The patent system was conceived to serve that latter group, not a bunch of lawyers, but things have changed since conception and nowadays the Office is adding yet more fees that make expensive lawyers a must to some. With prohibitive costs, too (maybe $200 per hour). Punishing poor companies, obviously.

Docket Navigator has been covering quite a few 35 U.S.C. ۤ 285 cases/motions lately, with some being successful, i.e. when some troll or bully made bogus claims it was punished financially for it. Those are the courts doing so, not the Office. In Phigenix, Inc. v Genentech, Inc. (based on this latest Docket Report), the court ended up considering the argument regarding frivolous patent lawsuits. Will the court make it more expensive to the abuser? That remains to be seen. "Following summary judgment," Docket Navigator wrote, "the court granted defendant's motion to join plaintiff's founder/inventor as a necessary party and pursue attorney fees against him under 35 U.S.C. ۤ 285."

Upcoming changes at the USPTO do not look promising however. For at least three reasons.

Firstly, the patent microcosm is being shielded from competition. "It is no secret to anyone in the industry; the unauthorized practice of law is rampant, and OED does nothing to stop it," Gene Quinn (Watchtroll) said yesterday. Terms like "unauthorized practice of law" (used both in the body and headline of Watchtroll) imply that it's illegal to represent oneself too. The patent and litigation 'industries' want a monopoly on this activity. A form of corruption surely? Consider Iancu's professional background and how he might view this.

Secondly, this Trump appointee would have loved to abolish PTAB and destroy patent quality, but SCOTUS and CAFC are not allowing that to happen. He'll still try though. He might even ignore Oil States and try to just price IPRs out of reach. Here's what Kevin E. Noonan, a patent maximalist, wrote a couple of days ago

On August 8th, the U.S. Patent and Trademark Office issued revisions to its Patent Trial and Appeal Board (PTAB) Guide (see "Trial Practice Guide Update"), first promulgated in 2012 as part of the Office's implementation of inter partes review (IPR), post-grant review (PGR), and covered business methods review (CBM) proceedings established under the Leahy-Smith America Invents Act (AIA). As discussed in an accompanying memorandum from USPTO Director Iancu, this update is part of the Office's plan to issue updates periodically, on section-by-section, rolling basis; the Director anticipates further future updates "to take into account feedback received from stakeholders, changes in controlling precedent or applicable regulations, or the further refinement of the Board's practices over time."

In addition to being a resource for petitioners and patent owners, the Guide has as its purpose "to encourage consistency of procedures among panels of the Board," akin to the role of the MPEP with examiners. As with the practice of having "expanded panels" to promote consistency in decisions, this function further limits the extent to which APJ's activities are consistent with an independent adjudicatory arm of the USPTO.


It's just a pretext for price hikes, as Michael Loney noted in a couple of articles. The first one spoke of changes to the process:

AIA Trial Practice Guide changes attracting the most attention are patent owners getting sur-replies and the opportunity to present a brief sur-rebuttal at the oral hearing, giving them the final word in PTAB proceedings


That should not take long, should it?

Thirdly, and finally, there is the most ridiculous thing of all. The USPTO will apparently punish people for using non-Microsoft binary (OOXML) format. How is this not corruption at USPTO? Microsoft used corruption to impose OOXML on the world, now USPTO punishes those who use standards! OOXML is not really a standard; it has binary blobs in it and Microsoft bribed officials and delegates for it. Here are the details:

The USPTO is seeking across-the-board fee increases, as well as a new fee surcharge for filing in a non-DOCX format and an annual active patent practitioner fee


So they are making it more expensive yet again (25%) in an effort to suppress IPRs. Battistelli used the same tricks as Iancu. He kept raising the costs of appeals (against bogus patents) in an effort to reduce patent quality and hide all this.

Iancu's proposed fee hikes for PTAB IPRs obviously harm small businesses the most. Who benefits? Microsoft. Who else benefits? Lawyers. But that pretty much sums up what this leadership became, even in direct defiance of US courts as high as the Supreme Court. We hope that these proposals will be imminently challenged.

Recent Techrights' Posts

A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
 
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market
[Video] Canonical Isn't (No Longer) Serious About Making GNU/Linux Succeed in Desktops/Laptops
Some of the notorious (or "controversial") policies of Canonical have been covered here for years
[Video] What We've Learned About Debian From Emeritus Debian Developer Daniel Pocock
pressure had been put on us (by Debian people and their employer/s) and as a result we did not republish Debian material for a number of years
Bruce Perens & Debian public domain trademark promise
Reprinted with permission from disguised.work
Links 28/04/2024: Shareholders Worry "AI" Hype Brings No Income, Money Down the Drain
Links for the day
Lawyer won't lie for Molly de Blanc & Chris Lamb (mollamby)
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 27, 2024
IRC logs for Saturday, April 27, 2024
Links 27/04/2024: Spying Under Fire, Intel in Trouble Again
Links for the day
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work