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. No Doubt Microsoft Unleashed Another 'Tay', Spreading Bigotry Under the Guise of Hey Hi (AI)

    Reprinted with permission from Ryan



  2. Links 07/02/2023: Fedora 39 Development Plans Outlines

    Links for the day



  3. IRC Proceedings: Monday, February 06, 2023

    IRC logs for Monday, February 06, 2023



  4. Links 06/02/2023: Escuelas Linux 8.0 and Many Political Issues

    Links for the day



  5. Links 06/02/2023: Sparky 6.6 and IPFire 2.27 – Core Update 173

    Links for the day



  6. Taking Back Control or Seizing Autonomy Over the News Cycle (Informing People, Culling the Marketing)





  7. Reality Versus Fiction: EPO Insiders Versus EPO Web Site and UPC 'Churnalists'

    The "official" sources of the European Patent Office (EPO), as well as the sedated "media" that the EPO is bribing for further bias, cannot tell the truth about this very large institution; for proper examination of Europe's largest patent office one must pursue the interpretation by longtime veterans and insiders, who are increasingly upset and abused (they're being pressured to grant patents in violation of the charter of the EPO)



  8. Links 06/02/2023: Linux 6.2 RC7 and Fatal Earthquake

    Links for the day



  9. IRC Proceedings: Sunday, February 05, 2023

    IRC logs for Sunday, February 05, 2023



  10. Links 05/02/2023: Wayland in Bookworm and xvidtune 1.0.4

    Links for the day



  11. Links 05/02/2023: Pakistan Blocks Wikipedia, Musharraf Dies

    Links for the day



  12. IRC Proceedings: Saturday, February 04, 2023

    IRC logs for Saturday, February 04, 2023



  13. Links 04/02/2023: FOSDEM Happening and Ken Thompson in SoCal Linux Expo

    Links for the day



  14. 2023 is the Year Taxpayers' Money Goes to War and Energy Subsidies, Not Tech

    Now that a lot of powerful and omnipresent ‘tech’ (spying and policing) companies are rotting away we have golden opportunities to bring about positive change and maybe even recruit technical people for good causes



  15. Getting Back to Productive Computer Systems Would Benefit Public Health and Not Just Boost Productivity

    “Smartphoneshame” (shaming an unhealthy culture of obsession with “apps”) would potentially bring about a better, more sociable society with fewer mental health crises and higher productivity levels



  16. Links 04/02/2023: This Week in KDE and Many More Tech Layoffs

    Links for the day



  17. Dotcom Boom and Bust, Round 2

    The age of technology giants/monopolies devouring everything or military-funded (i.e. taxpayers-subsidised) surveillance/censorship tentacles, in effect privatised eyes of the state, may be ending; the United States can barely sustain that anymore and raising the debt ceiling won't solve that (buying time isn't the solution)



  18. Society Would Benefit From a Smartphoneshame Movement

    In a society plagued by blackmail, surveillance and frivolous lawsuits it is important to reconsider the notion of “smart” phone ownership; these devices give potentially authoritarian companies and governments far too much power over people (in the EU they want to introduce new legislation that would, in effect, ban Free software if it enables true privacy)



  19. IRC Proceedings: Friday, February 03, 2023

    IRC logs for Friday, February 03, 2023



  20. IRC Proceedings: Thursday, February 02, 2023

    IRC logs for Thursday, February 02, 2023



  21. Links 03/02/2023: Proton 7.0-6 Released, ScummVM 2.7 Testing

    Links for the day



  22. Links 03/02/2023: OpenSSH 9.2 and OBS Studio 29.0.1

    Links for the day



  23. Links 03/02/2023: GNU C Library 2.37

    Links for the day



  24. Sirius Finished

    Yesterday I was sent a letter approving my resignation from Sirius ‘Open Source’, two months after I had already announced that I was resigning with immediate effect; they sent an identical letter to my wife (this time, unlike before, they remembered to also change the names!!)



  25. The Collapse of Sirius in a Nutshell: How to Identify the Symptoms and Decide When to Leave

    Sirius is finished, but it's important to share the lessons learned with other people; there might be other "pretenders" out there and they need to be abandoned



  26. Links 03/02/2023: WINE 8.1 and RapidDisk 9.0.0

    Links for the day



  27. Links 02/02/2023: KDE Gear 22.12.2 and LibreOffice 7.5

    Links for the day



  28. Linux News or Marketing Platform?

    Ads everywhere: Phoronix puts them at the top, bottom, navigation bar, left, and right just to read some Microsoft junk (puff pieces about something that nobody other than Microsoft even uses); in addition there are pop-ups asking for consent to send visitors’ data to hundreds of data brokers



  29. Daily Links at Techrights Turn 15, Time to Give Them an Upgrade

    This year we have several 15-year anniversaries; one of them is Daily Links (it turned 15 earlier this week) and we've been working to improve these batches of links, making them a lot more extensive and somewhat better structured/clustered



  30. Back to Focusing on Unified Patent Court (UPC) Crimes and Illegal Patent Agenda, Including the EPO's

    The EPO's (European Patent Office, Europe's second-largest institution) violations of constitutions, laws and so on merit more coverage, seeing that what's left of the "media" not only fails to cover scandalous things but is actively cheering for criminals (in exchange for money)


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