EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.12.14

The USPTO is Broken: New Evidence Presented

Posted in America, Patents at 7:32 am by Dr. Roy Schestowitz

Profit conflated with innovation

Summary: The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled

Kevin Drum from Mother Jones is a very good writer who covers a broad range of topics. Several weeks ago he wrote about patents, noting that “More Patents Does Not Equal More Innovation”. Well, more patents mean more business for the USPTO and patent lawyers, but they would rather just paint their profit as “innovation”. Here is what Mr. Drum writes, citing the corporate media:

Via James Pethokoukis, here’s a chart from a new CBO report on federal policies and innovation. Needless to say, you can’t read too much into it. It shows the growth since 1963 of total factor productivity (roughly speaking, the share of productivity growth due to technology improvements), and there are lots of possible reasons that TFP hasn’t changed much over the past five decades. At a minimum, though, the fact that patent activity has skyrocketed since 1983 with no associated growth in TFP suggests, as the CBO report says dryly, “that the large increase in patenting activity since 1983 may have made little contribution to innovation.”

We recently showed that almost every application for a patent is now successful, i.e. patent granted (proving that there no quality control at all and demonstrating laziness or greed, motivated by wrong yardsticks by which to assess patent examiners). This whole system has become a sham and people should do something about it, as the problem won’t go away on its own.

“This whole system has become a sham and people should do something about it, as the problem won’t go away on its own.”Might we ever see USPTO staff demonstrating in the streets of Washington, following the example set by EPO staff? The problem and the grievances (about scope and corruption) are similar.

The other week we saw the EFF highlighting yet another “Stupid Patent of the Month”. It is a software patent which is basically something that a child can come up with, or even an observer of what has been going on for centuries. To put it in the words of Ars Technica:

November’s “Stupid Patent of the Month,” brought to you by Penn State

Three months ago, the Electronic Frontier Foundation inaugurated a monthly tradition in which they wrote about a “Stupid Patent of the Month.” The first patent they publicized was basically a description of a doctor’s “computer-secretary.” Since then, they’ve highlighted a vague software patent owned by a serial litigant, a patent on filming a yoga class, and a patent with a formula for curing cancer (a combination of “sesame seeds, green beans, coffee, meat, evening primrose seeds,” among other things.)

Here is the latest:

One of the items for sale is US Patent No. 8,442,839, entitled “Agent-based collaborative recognition-primed decision-making.” The lead inventors are PSU professors John Yen and Michael McNeese. The patent essentially describes different ways that people work together to solve a problem.

Steps include “receiving information regarding a current situation to be analyzed,” interacting to receive “assistance in the form of assumptions or expectancies about the situation,” and using “collected information to determine whether a decision about the situation is evolving in an anticipated direction.” A PSU news site describes the invention as using a framework called “Collaborative Agents for Simulating Teamwork.”

“The patent reads a little like what might result if you ate a dictionary filled with buzzwords and drank a bottle of tequila,” writes EFF lawyer Daniel Nazer. He notes the patent was originally rejected by the patent office. “Penn State responded by amending its claim to ‘include a team-oriented computer architecture that transforms subject matter.’ In other words, it took an abstract patent and said, ‘Do it on a computer.’”

A lot of software patents are like that. They merely add “over the Internet” or “on a computer” to some process that has existed for a very long time. There’s no innovation in it, except perhaps the innovation which is the Internet or the computer itself.

Anyone who still thinks that the patent system promotes innovation should take a look at a patent or two, setting aside the jargon and buzzwords. We covered other examples in the past and examined their lack of novelty. Some examples came from Nintendo and there is this new example where Nintendo patents something using the “in mobile devices” pseudo ‘novelty’. To quote AOL:

A new patent published by the USPTO yesterday details an invention by Nintendo that would allow it to emulate its mobile game consoles, including the Game Boy line of devices specifically, in other settings, including on seat-back displays in airplanes and trains, and on mobile devices including cell phones. The patent is an updated take on an older piece of IP, so it’s not an entirely new idea, but it’s still very interesting to consider that Nintendo could have renewed interest in the idea of running its own back catalogue on many different kinds of screens.

It is not an entirely new idea at all. In-flight entertainment, emulation and mobile devices are very old ideas and just combining them should not be enough to earn a patent. Then again, as USPTO eventually accepts (grants patents for) 92% of all applications, it seems to have become an illegitimate system of protectionism that puts the burden on innocence on victims, passes a lot of incentive to patent lawyers, and has small companies foot the legal bills.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  2. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  3. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  4. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States



  5. Patent Marketing Disguised as Patent 'Advice'

    The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back



  6. Microsoft is Still 'Cybermobbing' Its Competition Using Patent Trolls Such as Finjan

    In the "cybersecurity" space, a sub-domain where many software patents have been granted by the US patent office, the patent extortion by Microsoft-connected trolls (and Microsoft's 'protection' racket) seems to carry on; but Microsoft continues to insist that it has changed its ways



  7. Links 16/6/2018: LiMux Story, Okta Openwashing and More

    Links for the day



  8. The EPO's Response to the Open Letter About Decline in Patent Quality as the Latest Example of Arrogance and Resistance to Facts, Truth

    Sidestepping the existential crisis of the EPO (running out of work and issuing many questionable patents with expectation of impending layoffs), the PR people at the Office choose a facts-denying, face-saving 'damage control' strategy while staff speaks out, wholeheartedly agreeing with concerned stakeholders



  9. In the United States the Patent Trial and Appeal Board, Which Assures Patent Quality, is Still Being Smeared by Law Firms That Profit From Patent Maximalism, Lawsuits

    Auditory roles which help ascertain high quality of patents (or invalidate low-quality patents, at least those pointed out by petitions) are being smeared, demonised as "death squads" and worked around using dirty tricks that are widely described as "scams"



  10. The 'Artificial Intelligence' (AI) Hype, Propped Up by Events of the European Patent Office (EPO), is Infectious and It Threatens Patent Quality Worldwide

    Having spread surrogate terms like “4IR” (somewhat of a 'mask' for software patents, by the EPO's own admission in the Gazette), the EPO continues with several more terms like “ICT” and now we’re grappling with terms like “AI”, which the media endlessly perpetuates these days (in relation to patents it de facto means little more than "clever algorithms")



  11. Links 15/6/2018: HP Chromebook X2 With GNU/Linux Software, Apple Admits and Closes a Back Door ('Loophole')

    Links for the day



  12. The '4iP Council' is a Megaphone of Team UPC and Team Battistelli at the EPO

    The EPO keeps demonstrating lack of interest in genuine patent quality (it uses buzzwords to compensate for deviation from the EPC and replaces humans with shoddy translators); it is being aided by law firms which work for patent trolls and think tanks that propel their interests



  13. Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner Find the Courage to Express Concerns About Battistelli's Ugly Legacy and Low Patent Quality

    The astounding levels of abuse at the EPO have caused some of the EPO's biggest stakeholders to speak out and lash out, condemning the Office for mismanagement amongst other things



  14. IAM Concludes Its Latest Anti-§ 101 Think Tank, Featuring Crooked Benoît Battistelli

    The attack on 35 U.S.C. § 101, which invalidates most if not all software patents, as seen through the lens of a Battistelli- and Iancu-led lobbying event (set up by IAM)



  15. Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

    The EFF's Daniel Nazer, as well as TechDirt's founder Mike Masnick, won't tolerate Google's misuse of Jarek Duda's work; the USPTO should generally reject all applications for software patents -- something which a former Commissioner for Patents at the USPTO seems to be accepting now (that such patents have no potency after Alice)



  16. From the Eastern District of Texas to Delaware, US Patent Litigation is (Overall) Still Declining

    Patent disputes/conflicts are increasingly being settled outside the courts and patents that aren't really potent/eligible are being eliminated or never brought forth at all



  17. Links 13/6/2018: Cockpit 170, Plasma 5.13, Krita 4.0.4

    Links for the day



  18. When the USPTO Grants Patents in Defiance of 35 U.S.C. § 101 the Courts Will Eventually Squash These Anyway

    Software/abstract patents, as per § 101 (Section 101) which relates to Alice Corp v CLS Bank at the US Supreme Court, are not valid in the United States, albeit one typically has to pay a fortune for a court battle to show it because the patent office (USPTO) is still far too lenient and careless



  19. Buzzwords and Three-Letter Acronyms Still Abused by the EPO to Grant a Lot of Patents on Algorithms

    Aided by Microsoft lobbying (with its very many patent trolls) as well as corrupt Battistelli, the push for software patenting under the guise of "artificial intelligence" ("AI") carries on, boosted by Battistelli's own "Pravda" (which he writes for), IAM Magazine



  20. The United States is Far Better Off With the Patent Trial and Appeal Board (PTAB), So Why Do Lawyers Attack It?

    The anti-PTAB lobby (which is basically the pro-troll or pro-litigation lobby) continues to belittle and insult PTAB, having repeatedly failed to dismantle it; in the meantime PTAB is disarming several more patent trolls and removing from the system patents which were granted in error (as well as the associated lawsuits)



  21. Links 12/6/2018: Neovim 0.3 and Wine 3.10

    Links for the day



  22. Corrupt Benoît Battistelli Promotes Software Patents in IAM's Patent Trolls-Funded Event in the United States

    With less than 3 weeks remaining for Battistelli's term he engages in gross revisionism, lobbying, and even looting of the patent office



  23. The EPO's 'Expert' Georg Weber is Still Advocating Software Patents in Europe (But He Disguises Them Using Buzzwords)

    The EPO's overzealous support for software patents continues unabated while the European Parliament looks the other way; this is part of the plan to expand patent scope in Europe and flood the continent with low-quality patents (causing a ruinous litigation boom like in China)



  24. Battistelli's EPO is Outdoing North Korea When It Comes to Propaganda and Abuses Against Staff

    Battistelli’s ‘scorched Earth’ approach — his sole legacy at the EPO — has left many workers in mental breakdowns (if not dead), but to celebrate the ‘Battistelli years’ three weeks before the end of his term the Office issues new propaganda material (pertaining exclusively to the Battistelli years, 2010 to 2018) while Battistelli-leaning media offers ‘cover’



  25. IPBC, a Patent Trolls-Funded Event of IAM, is Advancing the Attacks on Section 101/Alice

    Andrei Iancu preaches to the litigation 'industry' in an event (lobbying opportunity) organised by the patent trolls' lobby, IAM



  26. PTAB Carries on Undeterred and Unabated, Courts Are Becoming Less Tolerant of Low-Quality Patents

    With the shift away from the Eastern District of Texas (EDTX) and with PTAB applying growing levels of scrutiny to patents the likelihood that abstract patents will endure at the patent office or the courts is greatly diminished



  27. Apple v Samsung Not Over, Hearing on a New Design Patent Trial Next Month

    Apple's legal battles against phones that have Linux inside them simply aren't ending; meanwhile, there's more evidence that Apple would be wise to simply push for patent reforms, namely further restrictions on patent scope



  28. Links 11/6/2018: Qt 5.9.6 and Weblate 3.0.1 Released

    Links for the day



  29. Latest Docket Reports Show That the American Courts/Legal System Still Anything But Patents-Hostile

    "Damages" (or so-called 'harm') from patent infringement, as demonstrated in the US earlier this month, still an overrated concept which leads to overinflated "compensation" for infringement; the patent microcosm's claims that US courts have become "anti-patent" are laughable at best



  30. Saint Regis Mohawk Tribe Blind to Its Participation in a Scam Around Patents on Nature

    For over $20,000,000 (so far) the Saint Regis Mohawk Tribe has agreed to pretend that it has something to do with controversial patents of Allergan, in effect grossly abusing the concept of tribal immunity while at the same time enabling privatisation of nature


CoPilotCo

RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

CoPilotCo

Recent Posts