3 ms·

Secret guidelines on how USPTO examiners grant software patents

42 points by zoobab 5y ago

geoduck14 5y ago
I'm genuinely curious if there is guidance on what decent patents look like. In my old company, I tried to submit multiple patents, but our lawyers never pursued them - I'd like to submit something that might actually be patentable.
revolvingocelot 5y ago
>But the Patent Office has been keeping some examination guidance secret instead of disclosing it publicly. This guidance gives examiners a roadmap for ignoring the Supreme Court’s rulings and the Patent Office’s own rules so they can grant invalid patents that stymie innovation, competition, and access to technology. [...] >Former President Trump’s chosen Director, Andrei Iancu, made his hostility to the Alice decision apparent. Upon taking office, former Director Iancu rescinded the Patent Office’s then-existing guidance on applying Alice and issued new guidance. At the time, public commenters objected that the new guidance contradicted Supreme Court precedent and threatened innovation, competition, and access to computer-implemented technology. Still, the new guidance went into effect. My impression was that the US Supreme Court was the highest law in the land.
- zardo 5y ago
  > My impression was that the US Supreme Court was the highest law in the land. And the one and only enforcer of that law (the executive branch) is the offender.
necovek 5y ago
I am surprised at the remark towards the end how unlawfully accepted patents cannot be retracted/invalidated. That totally does not make sense to me: how is this possible?
- webmaven 5y ago
  > I am surprised at the remark towards the end how unlawfully accepted patents cannot be retracted/invalidated. > That totally does not make sense to me: how is this possible? It's not. I mean, AIUI the patent office doesn't really have a process for doing so on it's own initiative, but 3rd parties can and do challenge patents and their claims (esp. w. prior art), which in extreme cases can result in a patent being narrowed to the point of uselessness or even revoked entirely.

42 points by zoobab 5y ago

I'm genuinely curious if there is guidance on what decent patents look like. In my old company, I tried to submit multiple patents, but our lawyers never pursued them - I'd like to submit something that might actually be patentable.

revolvingocelot 5y ago

>But the Patent Office has been keeping some examination guidance secret instead of disclosing it publicly. This guidance gives examiners a roadmap for ignoring the Supreme Court’s rulings and the Patent Office’s own rules so they can grant invalid patents that stymie innovation, competition, and access to technology. [...] >Former President Trump’s chosen Director, Andrei Iancu, made his hostility to the Alice decision apparent. Upon taking office, former Director Iancu rescinded the Patent Office’s then-existing guidance on applying Alice and issued new guidance. At the time, public commenters objected that the new guidance contradicted Supreme Court precedent and threatened innovation, competition, and access to computer-implemented technology. Still, the new guidance went into effect. My impression was that the US Supreme Court was the highest law in the land.

zardo 5y ago
> My impression was that the US Supreme Court was the highest law in the land. And the one and only enforcer of that law (the executive branch) is the offender.

necovek 5y ago

I am surprised at the remark towards the end how unlawfully accepted patents cannot be retracted/invalidated. That totally does not make sense to me: how is this possible?

webmaven 5y ago
> I am surprised at the remark towards the end how unlawfully accepted patents cannot be retracted/invalidated. > That totally does not make sense to me: how is this possible? It's not. I mean, AIUI the patent office doesn't really have a process for doing so on it's own initiative, but 3rd parties can and do challenge patents and their claims (esp. w. prior art), which in extreme cases can result in a patent being narrowed to the point of uselessness or even revoked entirely.