12.16.15

Gemini version available ♊︎

New WIPO Figures Reinforce Reality Where More Patents Needn’t Imply More Innovation, Just Lower Standards

Posted in America, Asia, Europe, Patents at 5:57 pm by Dr. Roy Schestowitz

Unless China is truly the king of innovation whereas Europe as a collective whole just a distant fifth (behind Japan and Korea), the number of patents granted is mostly indicative of the ease of being granted patents in different parts of the world

China

Summary: Response to data from WIPO and interpretation by Managing Intellectual Property (MIP), where the number of patents granted is conveniently treated as proportional to (or surrogate of) level of innovation

THE latest WIPO data is out and it’s interesting because it shows that, as MIP put it, “China also received the highest number of patent applications” (utter junk patents, with little or no quality).

The USPTO with its notoriously low standards (acceptance rate is at around 92%) is second. Is this something to be proud of? We think not. In the US, 92% of patent applications are (eventually) considered a “success”, but what kind of success is this? That’s just the de facto definition or example of “rubber-stamping” organisation (like ISO), which is what China’s patent office effectively became when the bubble started off. Notice how friendly Benoît Battistelli is with China these days, his imitation of human rights abuses aside.

“The USPTO with its notoriously low standards (acceptance rate is at around 92%) is second.”China and the US are said to be at the “top” (at sites like MIP, the more, the merrier), then it’s Japan, Korea, and Benoît Battistelli’s EPO only at 5th. Remember when Microsoft threatened to turn to the Korean patent office at the expense of EPO because the EPO wasn’t granting enough patents (in bulk)? Well, the Battistelli-led EPO responded by becoming a lapdog of Microsoft. Measuring the quality of any patent office in terms of number of patents granted is patently misguided. It’s usually indicative no legitimate quality control, neither at prior art search nor triviality thresholds (some US patents are ‘sophisticated’ enough for a toddler to come up with).

“China also received the highest number of patent applications,” MIP wrote, 928,1777 out of a worldwide total of 2.7 million. This represented growth of 12.5% from 2013 to 2014.”

How many of those (nearly) million patents are actually true innovations and how many are just a waste of paper?

“Does it mean that Japan became less innovative? Probably not. Maybe it prioritises development over paperwork.”“It was followed by the offices in the United States, Japan, Korea and the EPO,” MIP wrote. “The top 20 office with the largest percentage growth was that of Iran (18.5%). Japan was the only major office to see a decline in patent filings.”

Does it mean that Japan became less innovative? Probably not. Maybe it prioritises development over paperwork. Other factors to consider are the scope of coverage, the cost of application, the cost of renewal, backlog size, patent lifespan etc. but these don’t vary all that much and are usually proportional to the size/breadth of the local economy so such factors average out.

This nicely ties into what we wrote this morning about EPO lobbying/promotion of the UPC (also noted earlier this week). Sifting through a lot of trolls and distraction in IP Kat comments (maybe a deliberate misdirection in these comments) we found the following informative comment:

all the rules for the UP were approved by the Select Committee today.

Another of this decisions behind closed doors?

Does anybody know if any objection raised during the discussion that occurred within this “selected” (by whom?) Committe will ever be made public?

For your information the “Select Committee” is a body formed pursuant to Article 145 EPC.
http://www.epo.org/law-practice/legal-texts/html/epc/2013/e/ar145.html

It comprises the delegates from the EPC Contracting States that have signed up to the EU Unitary Patent, i.e. most of the EU Contracting States.

If you want to find out more about what its members are up to then try contacting one of your MEPs or making a freedom of information request to the competent ministry in your country.

Well, patent lawyers still want more litigation, injunctions etc. That’s why they bat for the UPC in lawyers’ Web sites and hail it as though it’s the best ‘innovation’ since sliced bread.

“There goes Battistelli’s rave about ‘productivity’ and ‘production’ (usually proportional to number of grants) down the drain…”We hope that patent maximalism in Europe (which UPC is all about) will be challenged politically. Looking at today’s EPO news we only found this press release titled “Intec Pharma (NTEC) Receives European Patent Covering Accordion Pill Zaleplon“. This is one among many drug monopolies (it’s not at all clear if such patents offer benefits to society). The press release says that “the Company has been informed by the European Patent Office (EPO) that a European patent will be granted December 23, 2015 on the Company’s European Patent Application for a “Zaleplon gastroretentive drug delivery system.””

Remember what Baxter (EPO-connected) has been trying to patent for a number of years at the EPO. It turned out to be an example of good patent examination and good work by the boards (a very thorough prior art search), which contributed to repeated rejection of the patent application (pertaining to software). There goes Battistelli’s rave about ‘productivity’ and ‘production’ (usually proportional to number of grants) down the drain…

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  2. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  3. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  4. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  5. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  6. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  7. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  8. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  9. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  10. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  11. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  12. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  13. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  14. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  15. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  16. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  17. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  18. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  19. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  20. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day



  21. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day



  22. In Light of Fast-Accelerating Deterioration -- Sometimes Weaponisation -- Getting Off the World Wide Web (to the Extent Feasible) Makes You Saner and Less Susceptible to Manipulation, Lies

    Almost no sites are speaking about it (probably because they have no presence on the Internet except on the Web), but it's time to motivate more people to get off the Web, for their own good and for society's sake...



  23. Black Friday SPAM on the World Wide Web: A Reminder That the Web is a Dying Platform, Languishing Due to Marketing and Misinformation

    The junk that overruns the Web this 'Black Friday' week (consumerism 'on steroids') is a good reminder that the Web isn't healthy for the mind anymore; it's mostly spying on people, trying to compel them to buy particular things or vote a certain way



  24. Microsoft-Led Misinformation Campaign About Germany and Munich Reminds Us That Microsoft Hates and Actively Undermines GNU/Linux Adoption

    Regarding the latest moves to GNU/Linux in Germany we have 3 points to make



  25. Links 23/11/2021: Libreboot 20211122, Deepin Linux 20.3, Amazon Linux 2022, and Mabox Linux 21.11 Released

    Links for the day



  26. IRC Proceedings: Monday, November 22, 2021

    IRC logs for Monday, November 22, 2021



  27. Links 22/11/2021: EasyOS Dunfell 3.1.11, Microsoft 'Extends' Mesa for Windows

    Links for the day



  28. Microsoft's GitHub is Hugely Toxic and It Censors Critics of Corporations or People Sceptical of Those in Power

    Sociopaths have taken over GitHub and control over GitHub (by Microsoft) is being shamelessly misused, just as we’ve warned all along; GitHub is social control media/network for code, asserting control over projects and developers by means of censorship and other sanctions



  29. EPO Staff Engagement Survey Predates the Pandemic and Provides False Assumptions for EPO Policies or Policy-Setting

    The EPO ticks a box for "surveying the staff", but is it actually listening? Is that done often enough? It was last done almost 3 years ago...



  30. Links 22/11/2021: Claws Mail 4 Enters Debian and Catch-up With Legal Matters

    Links for the day


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

Recent Posts