Kathi Vidal is now the USPTO Director after being sworn-in by Federal Circuit Chief Judge Kimberly Moore. Congratulations!
Dir. Vidal’s first press release is a call for dialogue on what needs to happen to advance the patent office and “to expand, protect, and commercialize U.S. innovation.” In addition to IP expansionist statements, the announcement also repeatedly adds caveats: “minimizing inappropriate opportunistic behavior … deterring abuses and gamesmanship.” The other key theme taking steps to ensure that the innovation incentive reaches broadly to all Americans “especially those who have historically lacked access to, and opportunities for equitable participation in, our intellectual property (IP) economy . . . from every region of the Country and across gender, race, identity, socioeconomic class, and veteran status, as well as among all other groups that have been underserved and overlooked.” This is exactly right – for our world to remain viable, we need to allow space for each person’s individual genius. Vidal proposes reaching out to actually teach innovation “in our schools, universities, and communities and encourage the emergence of additional innovation hubs.”
Read more here.
Exactly what does “equitable participation” in IP mean? It doesn’t have a meaning, it’s just buzzwords.
I would disagree, as the equity agenda very much has a meaning.
Do not confuse the buzz-word type of banter with lacking that meaning. That would be a very large mistake (and one in which the Liberal Left WANT people to make).
“equitable participation” has a very definite meaning.
The elite decide on your group. There will be equal participation according to group percentages.
“Equitable participation” is a synonym for a quota system.
“I would disagree, as the equity agenda very much has a meaning.”
That is correct.
“The elite decide on your group. There will be equal participation according to group percentages.
“Equitable participation” is a synonym for a quota system.”
Pretty close to the mark. But I’m not really sure how they’d do this in the patent system as it is entirely corporate dominated and the equitable participation needs to happen in the companies not in the PTO all that much so to speak. They could give out lower fees to boost participation tho for micro/small entities minority owned etc.
One good point raised below is that the poster feels that the Director will focus on maintaining job security for the USPTO over reform.
Let’s see if that is true. We’ve seen the far left policies ravage the USA as detailed below and it may be that the new Director will think nothing of laying off 1,000’s examiners.
Let’s see what happens. I think Ben is right that 101 is low-hanging fruit for the Director to go after and, if truth be told, pretty much no software patent is eligible under current CAFC case law. The other thing is the IPRs. The new Director could vastly increase the number of patents invalidated.
We’ll see. Again, my prediction is that her agenda will be controlled by the far left.
You know most of what I read below is just ignorance of what is actually happened. You need to broaden your news sources. If you are fixed on legacy media, then I can see why you would hold so many delusional beliefs.
The list of l i e s and omissions by the legacy media are astounding with things such as Hunter’s laptop, Russian collusion, Covid origin, and so forth. It is not Fox vs. legacy media, but the legacy media vs. pretty much all the other news sources and legacy media continues to lose the audience.
Anyway, I’ve made my prediction Ben sort of did and Greg made a solid prediction. The rest of you just complained.
Just look at the legacy media freaking out about Twitter.
The legacy media wants to curtail free speech and they want to tell you what to think and decide what to tell you and what not to tell you.
This plays directly into Dr. Lindsay’s lectures.
What is interesting to me anon is that pretty much all the federal government agencies that had to do with making war and spying were against Trump.
The last President where this was true was Kennedy. Kennedy was murdered and Trump was taken out by lies.
One of two major detriments to Trump was his lack of ties to the Beast that dwells in DC.
Unfortunately, his other major detriment acerbated the first.
Just occurred to me that the apocalypse for the USPTO may be if China invades Taiwan. China might pull all their applications from the PTO.
To what effect? Those only reflect sunk costs.
I think more believable would be a drastic drop in new filings.
The drop in new filings would be enough for catastrophe.
But, don’t be so smarmy. You can’t tell how far this is going to go. Russia/China and maybe India are trying form an alternative economy based on Chinese currency.
We’ll see what happens but it does illustrate how unreliable and unstable the Chinese filings are.
And let’s not forget that US filings have been falling for years now even as technology is becoming more and more important.
And the far left want a form of government in this country that is similar to the Chinese government where a group of elites tell us how to live and restrict our freedoms.
Incredibly Steve Colbert actually publicly calls for censorship on Twitter, which is based on politics. This is the start of the new far left government. It is actually potentially far more serious than people realize (or they are Marxists and are happy.)
I know all this sounds out there but just consider how out there it is that there are many in this country that support the Chinese taking Taiwan and don’t care about democracy. See what happened in Hong Kong.
Just remember that innovation and patents don’t mix well with a Marxist government. And now HRC is saying if the Rs take the presidency and Congress, we won’t have a democracy. Any sensible person knows the opposite is true. We would not have a democracy if Biden were a strong president and would have carried out the far left policies. We are just lucky that Biden is so weak. I guarantee you the FBI and DOJ are corrupt.
Anyway, I am sure the likes of Lemley are happy. They have their $100 million burning down the patent system and the country and now want to put their boot on our necks and tell us what to do.
This country is unrecognizable from the country the country it was 50 or 60 years ago.
For patents, we’ll see if the new director cares about the jobs of the patent examiners or the ideolog of the far left. Don’t forget that most of them take normal form to get money and once unleased show their true colors and push Marxist policies.
“This country is unrecognizable from the country the country it was 50 or 60 years ago.”
Arguably caused by many different things but overall we had the role of “global Imperial Hegemon” thrust upon us when Britain decided to wreck itself and its empire fighting nazis guaranteeing lolPoland if you can believe it. And certainly once most of Europe worth much was bombed out.
I hear you — and there is nothing smarmy in my reply.
You and I are of the few here that appear to take world trends seriously — so many other have their Liberal Left blinders on.
Caught in filter…
Your comment is awaiting moderation.
April 17, 2022 at 2:11 pm
I hear you — and there is nothing smar my in my reply.
You and I are of the few here that appear to take world trends seriously — so many other have their Liberal L eft blinders on.
For Night Writer (and anyone interested in a neutral viewpoint — which should include everyone), may I draw your attention to the links provided at 3.1.4.2 and 3.1.4.3 below.
And for those naturally averse to “anon says,” let me point out that while I may have ALSO shared the viewpoint provided by the neutral source, these are direct links by those who have formulated their views quite independent of this anon.
One good point raised below is that the poster feels that the Director will focus on maintaining job security for the USPTO over reform.
Let’s see if that is true. We’ve seen the far left policies ravage the USA as detailed below and it may be that the new Director will think nothing of laying off 5,000 examiners.
Let’s see what happens. I think Ben is right that 101 is low-hanging fruit for the Director to go after and, if truth be told, pretty much no software patent is eligible under current CAFC case law. The other thing is the IPRs. The new Director could vastly increase the number of patents invalidated.
We’ll see. Again, my prediction is that her agenda will be controlled by the far left. We shall see if she is constrained by the need to feed the USPTO or if she takes the course of the far left in other areas.
bros who has one?
link to youtube.com
We had a internal town-hall. She mentioned using AI to automate examiner searches. This was a few minutes after saying she had expertise in AI. I am slightly disappointed.
It depends on the perspective, but I suspect many here do not consider Vidal’s control over the Office’s examination of 101 to be a “little” thing.
As Iancu crafted the current policy ex nihilo and was never challenged, it seems to be there is much she could do on that front.
Meant to be a reply to the comment comment. Bah.
Ben and his example of how NOT to use Latin…
Iancu certainly did not craft the Patent Eligibility Guidelines “out of nothing.”
That you think so does not speak well for you — especially given your ‘profession’ as an examiner.
The CAFC decided “Amgen v. Vidal” today. That was fast. Second day in office, and already her name is appearing in the case captions.
Greg bro, saw this and thought you might like it.
link to youtube.com
… why?
Because it might help him get a grip on who covid is actually hitting.
And how would such a grip bear on any patent issue here?
“In addition to IP expansionist statements, the announcement also repeatedly adds caveats: “minimizing inappropriate opportunistic behavior … deterring abuses and gamesmanship.” ”
That’s good to hear.
>>“minimizing inappropriate opportunistic behavior … deterring abuses and gamesmanship.”
This good include anything.
This could include anything, 6.
“inappropriate opportunistic behavior”
It’s funny how some seem absolutely oblivious to the “1984’ing” that runs rampant.
Funny in a horribly macabre and sad way.
“inappropriate opportunistic behavior”
She must have been talking about how 6 examines patent applications.
Given what I’ve seen from the Biden administration with Yellen (caused inflation), Mayor Pete (destroyed logistics), Granholm (drove up oil prices), Mayorkas (drove immigration to levels that will upend our culture), Garland (corruption beyond measure at the DOJ, tagging parents, and using DOJ for politics), Austin (responsible for Afghanistan and Ukraine) and so forth, I have to believe this Vidal is going to be a disaster beyond measure.
Again, the important thing with a person like Vidal is not who she was but what she promised to do for the far left like the rest of Biden’s country destroyers.
I have to believe that Vidal is going to follow policies similar to what Mark Lemley (at least 10 years ago before he became more corporate). So Vidal will pursue the fallacy that if only everyone could use all technology (the open commons) and no patents were enforcement than this would expand our innovation engine. This is the belief of the far left that control Biden and you have to believe that they control Vidal’s marching orders given what else we’ve seen from the Biden administration.
My prediction: an attempt by Vidal to eviscerate the patent right. That is my prediction. Of course, she may not be an effective administrator, which would not be a surprise since she is a law partner, and so maybe not much gets done. But the far left controls her agenda so push for the open commons and attend to the big tech demands. (It is interesting that the open commons tend to play to a monopoly with market force as they can just take anything from you and put you out of business with 100’s of billions in the bank.)
Anyway, don’t criticize may analysis without making your own prediction.
Actually, I am willing to double down on my statements.
We should expect a far left agenda at the USPTO.
Can you name any particular policy decisions by any of those people that actually caused the events you mentioned? Because sometimes the effects happen a few years (or even decades, sometimes) after the decisions that precipitated them.
This is as unhinged a post as you have posted here I think (though, you do have some unhinged gems). None of this is true. And you can’t back any of it up with any policy that was endorsed or any data that would support a cause and effect. More of your looney conspiratorial nonsense that is most often reserves for anyone that does not endorse your patent maximalist views. You once claimed to be liberal, but I think everyone can see plane as day that you are nothing but a reactionary that would support any regime as long as your precious patent system “ran on time.”
The irony of Ordinary and “unhinged” – a mirror of his own tendencies of an ANTI-patent train system running on time….
Mayorkas (drove immigration to levels that will upend our culture)
The current net in-migration rate to the U.S. is the lowest that it has been at any time since the George H.W. Bush administration. Lower than the rate at any time during the GW Bush administration. Lower than at any time during the Obama administration. Lower than at any time during the Trump administration.
Setting aside the inherent fatuousness of the assertion that a given rate could “upend our culture” (what does this even mean? how would we know?), it is really hard to understand how this rate might “upend” anything when higher rates twenty years ago did not. In any event, Sec. Mayorkas’ term has not “driven” the immigration rate up at all. The rate continues to fall.
“The current net in-migration rate to the U.S. is the lowest that it has been at any time since the George H.W. Bush administration.”
You must be only counting LEGAL immigrants.
The actual immigration rate is appalling different than the one that you want to talk about.
**************************************************************
WASHINGTON, April 16 (Reuters) – U.S. border authorities arrested 210,000 migrants attempting to cross the border with Mexico in March, the highest monthly total in two decades and underscoring challenges in the coming months for U.S. President Joe Biden.
**************************************************************
link to reuters.com
I’m confused. Greg wouldn’t steer us wrong, though.
Have you not been paying attention to how many have been let through?
Serious question.
(And I do also seriously hope that you are not trusting ANY steering from Greg).
/s
Ah thanks NPtC
A crushing lack of foreign workers is already “upending” any number of businesses. The general demographic aging of our country, if we don’t import a LOT more “democrat” voters is going to upend our culture a lot worse than some brown people running around.
It’s simply amazing how history entirely stops when a Republican is the President and starts again the moment a Democrat is inaugurated.
LOL – because the Southern border fiasco is a “good thing”….
As if you had a credibility problem with your penchant desire to not understand the terrain of patent law, you want to add to that, eh Marty?
Marty, there is a big difference between issuing green cards to educated tech workers/bio workers (100K / year) and having open borders where 10’s of millions of immigrants a year will pour in. It is a culture issue.
“net in-migration rate”
“The number of immigrants minus the number of emigrants over a period, divided by the person-years lived by the population of the receiving country over that period.”
Who cares about “net in-migration” bro? They’re talking about actual migration in, not “net” (minus those that left). If you have cultural americans leaving, and non cultural americans incoming then the culture is “upended” or whatever.
“how would we know”
It’s really pretty easy to see in a given area bro. You’ll see everything go spanish in most cases as most of the cultural conversion is just to mexican. Or you’ll see halal shops popping up and women walking around in literal black bag technology (burka etc) if it’s going muslim (as in some areas with huge muslim in migration where the gov “dumps” them). Or you’ll see a korea/china/vietnam-town area pop up (a few west of DC and obviously chinatown mid-DC) already, with vietnam town area currently expanding last I checked. Eventually you’ll start to see larger changes. You’ll also mysteriously start seeing a bunch of voters for dems (see NOVA).
I personally don’t mind it all that much, but that’s what it looks like and it isn’t really all that hard to see.
“In any event, Sec. Mayorkas’ term has not “driven” the immigration rate up at all. The rate continues to fall.”
Are you delusional?
It’s really pretty easy to see in a given area bro. You’ll see… halal shops popping up… [o]r… a korea/china/vietnam-town area pop up… I personally don’t mind it all that much, but that’s what it looks like and it isn’t really all that hard to see.
If you do not mind it, in what sense is this an example of “our culture” being “upend”ed? To “upend” is “to affect to the point of being upset or flurried.” By definition, if you do not mind it, then you are not upset or flurried.
Are you delusional?
What kind of response is this? If you think that I am mistaken, cite the data that show me my error. This is not a subject that admits of immediate personal verification or falsification.
Who cares about “net in-migration”…? … If you have cultural americans leaving, and non cultural americans incoming…
To a first approximation, the number of “cultural [A]mericans leaving” is so small as to be unworthy of consideration. The largest single flow of people out of America is illegal immigrant deportees, and the next largest outflow is legal and illegal immigrants choosing to return (for whatever reason) to their home countries.
Obviously, you need to take those numbers into account when deciding whether American culture is likely to be “upend”ed by immigration. If the CBP deports an immigrant, there is no sense in pretending as if they are still here when assessing their effect on our culture.
The data from the federal government.
California where now almost 50% of the households don’t speak English at home. Lots more stats where that came from.
Estimated inflow: 18,000 / day captured. 1 /3 captured.
54,000 a day * 365 = 19,700 over the next year. The State Department estimated that if we had open borders which is effectively what we are going to have that 50,000,000 would come immediately.
The issue is culture not race.
In our ongoing dialogue, “cultural driver” explicated here (one of four by Lindsay).
link to youtu.be
“California where now almost 50% of the households don’t speak English at home.”
The stat you are referring to is that a bit more than 40% of people don’t speak English at home which is a quite different thing than what you stated.
40% of people in this country are total idjits who get their info from Faux News and eat horse dewormer. That’s a much bigger problem for the country (unless you’re a white dominionist).
Thank you Malcolm for going over the top with your own special unhinged feelings.
And may I add that your tinfoil hat is especially shiny today.
Actually, “The Prophet”, the last number was in 2017 and it was 44.6% of Californians don’t speak English at home and the number is a low estimate and the number would have grown since 2017. So my number was close.
And,
link to washingtonexaminer.com
The issue is that our culture is being wiped out by the influx of immigrants. Many are not assimilating.
It is not a race issue but a cohesion issue of culture. And this is an old problem that goes all the way back to Rome.
Over the weekend, I saw a piece that claimed that the largest consternation for the established “D” party was the massive losses in poll numbers for Biden from the Hispanic base.
It appears that the FAR Left portion of the established “D” party have seriously overplayed the Neo-Liberalism and identity politics (drawing far too much to YOUR identified Marxist underpinnings), and that the ‘gambit’ of “re-culturing” the United States with a vast multi-million influx of illegal (to be granted legal status) immigrants may well backfire as the entering Hispanics may turn instead to the “R” party.
Egads, speaking of (and by) the devil….
link to foxnews.com
Estimated inflow: 18,000 / day captured. 1 /3 captured.
Fine, whatever. The same federal government from which you data come also calculates that the inflow rate is lower now than it has been at any point over the last 20 years. The inflow rates are presently falling, not rising.
Therefore, if you are talking about “Mayorkas… dr[i]v[ing] immigration to levels that will upend our culture,” you either mean that he has squeezed levels so low that they will “upend our culture,” or else you are simply mistaken. Which is it?
And (again), Greg – as your thickness is on display – your “data” reference point is NOT the one you should be using.
That you want to “trust” what the Biden administration is putting out there is,
well,
let’s be kind and call it “amusing.”
Oh Noes…not Spanish!
Clearly the solution to an aging- and eventually declining – population is MOAR PATENTS.
Because growing a society via immigration automatically destroys the dominant culture and weakens the state beyond repair, as experienced by the United States in the 19th century.
Wait, what?
link to aei.org
Perhaps you are missing the “illegal” in “illegal immigrants”….
Someone said “hola” to me today and I immediately clutched my flag and bought a hot dog and another gun. Merka! Greatest. Culture. Ever.
“as experienced by the United States in the 19th century.”
Are you literally discussing the white mane wiping out a vast stretch of indians and what they had that passed as a “state” as something other than “growing a society via immigration automatically destroying the previously dominant culture and weakening the state beyond repair”? I’m just not even sure if you’re a parody of yourself.
No. I’m discussing that facts that between 1880 and 1920 there were more than 20 million immigrants. The peak year for immigrants was 1907, approximately 1.3 million. The majority of arrivals were from Central, Eastern and Southern Europe.
In other words, white people. Salts of the Earths. The right kinds of people, as opposed to those browns and yellows that can only “upend” and would neverincrease GDP and living standards for everyone.
You are no parody my friend. Just a classic pull up the ladder type. You got your Jack, despite the also-fact that excluding willing young workers is the actual cultural suicide facing us.
Marty,
You really do need to dig deeper into the poli/philosophical battle that drives the big “D” machinations.
This is just not a “pull up the ladder” situation.
“I’m discussing that facts that between 1880 and 1920 there were more than 20 million immigrants.”
Which then assisted largely in “growing a society via immigration, automatically destroying the previously dominant indian culture and weakening the indian state-like structure beyond repair”. Correct? Incorrect?
“The peak year for immigrants was 1907, approximately 1.3 million. The majority of arrivals were from Central, Eastern and Southern Europe.
In other words, white people. Salts of the Earths. The right kinds of people, as opposed to those browns and yellows that can only “upend” and would neverincrease GDP and living standards for everyone.”
That’s all cool and all, but isn’t what you actually said. Still further, the discussion is not about “muh GDP” or “muh living standards” or even “muh ebil whites” and sadly even “muh noble browns/blacks” (truly a wonderous topic, we can discuss later 🙂 ). As you obviously already know.
“You are no parody my friend.”
I wondered whether you are a parody of yourself, not whether I am myself a parody.
“Just a classic pull up the ladder type. ”
Hardly. As I already explained, I personally don’t mind the current immigration.
“You got your Jack, despite the also-fact that excluding willing young workers is the actual cultural suicide facing us.”
Hardly. The cultural devastation wrought by the boomers and just previous to them, and after them, has negatively affected me overall in many ways, tis true. And further, the giganto immigration, mostly illegal, but some legal, has likely negatively affected me in some ways that are not really felt in-my-faceish. Certainly importing more men than women necessarily affects the overall dating/marriage/ahem markets negatively for me and all men to a small degree that may be somewhat outsized (tho women still outnumber men overall). And certainly increasing minority populations gigantically, while still culturally limiting my ability to marry brown/black/foreign/foreign fam girls via overall via a 100+ cultural/familial/socio etc. issues negatively affects family formation for me and other men around me hugely when I reside in majority minority areas, as I did (unwittingly regarding this particular issue at the time, and yes there are some nums on that issue, though it is far from the worst issue affecting the DC area marriage scene). Moving near home shows this off gigantically in such fashion that it cannot be missed btw. But, overall, those things are nigh just meh. The larger issue here is other people, and the culture overall, especially in limited locals, not turning into literal balkanization. Which is the current discussion.
“the also-fact that excluding willing young workers is the actual cultural suicide facing us.”
I wish it was bro. Fact is, there’s huge amounts of native “willing workers” disengaged from the work environment because there is no good reason for them to engage (no fam formed, no dependent wifey, they can stay at home etc. etc.). And nearly all of that comes from leftism of the past. If you want all these “muh young workers” then you need to use the ones you’ve got available instead of importing desperate third worlders. And that means giving them a reason. And that means giving up leftism, en masse.
“The State Department estimated that if we had open borders which is effectively what we are going to have that 50,000,000 would come immediately.”
An underestimate no doubt. That’s likely “just the ones that have the money and would show up tomorrowish on a flight/boat”. Not counting the ones that would come if they would need to finangle it somehow.
“By definition, if you do not mind it, then you are not upset or flurried.”
Um that’s just me bro. If there’s thousands or millions, or tens of millys that are upset or “flurried” (flustered) then that is “upending”. To them. Which is obviously what matters derp.
“What kind of response is this? If you think that I am mistaken, cite the data that show me my error. This is not a subject that admits of immediate personal verification or falsification.”
The numbers reported all over the place show uptick in inflows. Note that is irrespective of OUTFLOWS (which nobody cares about unless it was merely recent people that came in).
“To a first approximation, the number of “cultural [A]mericans leaving” is so small as to be unworthy of consideration.”
That’s obviously some insider baseball (probably leftist) math you’re doing that you’d need to demonstrate. If you’d have us believe that there are way more recent immigrants (especially LEGAL ones) leaving than old ev il white dudes going to SE asia or jamaica etc. then you’re going to have to show your work.
“The largest single flow of people out of America is illegal immigrant deportees”
That’s cool and all, now let’s talk about the “LEGALlol” ones and the legal+illegal (that is, the actual nums). So that you might cure your delusional position and get a handle on reality.
He won’t, 6 – count on it.
If you’d have us believe that there are way more recent immigrants (especially LEGAL ones) leaving than old ev il white dudes going to SE asia or jamaica etc. then you’re going to have to show your work.
Quite right. As I noted above, this is not a subject that admits of immediate, personal verification or falsification. Your skepticism does you credit.
The US State Dept. keeps a periodic estimate of Americans living abroad (1). Meanwhile, the DHS keeps track of both deportations and voluntary departures (2). As you can see, both of the deportations and departures dwarf the Americans-abroad numbers.
The one point that I got wrong above, however, was that I said that deportations outnumber departures. Actually it is the other way around. One way or the other, however, the data bear out that one needs to look at the net migration flow, not the gross flow, if one wants to get a picture of the effects of migration on “our culture.”
Now that I have provided a variety of data, perhaps you might do likewise. Do you still maintain that I am “delusional” to think that immigration flows are diminished under Mayorkas? If so, do you have any numbers to back that up?
(1) link to aetnainternational.com
(2) link to dhs.gov