04.26.16

A Farce of a System: How SIPO, USPTO, and Increasingly the EPO Too Turn Into Filing Systems (No Proper Examination/Filtering Required)

Posted in America, Asia, Europe, Intellectual Monopoly, Patents at 11:29 am by Dr. Roy Schestowitz

Summary: A critique of the declining quality of patents in some of the world’s biggest patent offices, where the aspiration seems to be neo-liberal in the economic sense

THE patent system — collectively speaking — isn’t functioning like it was supposed to. Rather than encourage innovation it slows innovation down, in the same way that worldwide copyright laws these days grant a monopoly longer than a person’s lifetime, meaning that the incentive to produce more creative works isn’t quite there.

“Rather than encourage innovation it slows innovation down, in the same way that worldwide copyright laws these days grant a monopoly longer than a person’s lifetime, meaning that the incentive to produce more creative works isn’t quite there.”Based on this bit of news, hardware patents are getting US companies sued, owing to the US patent system (but by Asian companies), which means that the US patent system isn’t even necessarily serving the US, it serves a particular class of people in the US and abroad (corporations and billionaires).

Sites like IAM, maximalists of patents (by their own admission), keep trying to spin a negative as a positive by saying that in China “grants [are] growing more quickly than applications” (that’s because China’s patent office is increasingly a joke, more like a filing system than a patent system with examination phase/barrier). Then again, the USPTO is also like this, especially in recent years as some barriers to patenting got removed and patent numbers soared (nearly doubled). Might one get the impression that the USPTO is just a filing office now? No quality control. For trademarks and patents alike; the profit motive led to this (neo-liberalism). Professor Mark Lemley has just quoted J Breyer as saying that the USPTO “has been issuing billions of patents that shouldn’t have been issued — I overstate, but only some.” http://1.usa.gov/1Wmel7j

Well, “billions of patents” sounds like a one-patent-per-person scheme of some kind. Given that some patents are trivial enough to have been automatically-generated by an algorithm or thought of by a primary schools student, this would not be so unthinkable (if the patent fees were less prohibitive).

“The reality of patents in the US is changing right now.”IP Kat‘s Nicola Searle has just correctly noted that “I’ve been meaning to do a post for some time on why patents are a poor indication of innovation (I’ve mentioned it before but not really gone into detail.) It’s not an anti-patent bias, it’s a pro-good data approach. As for lobbying and patent strategies…”

Well, maybe it’s time for Searle to do a post about it. It’s the second time in about a week that she says something to that effect and patent lawyers get all worked up about it (in the comments section).

The reality of patents in the US is changing right now. It’s long overdue. As this new press release puts it, “Software patents in the post Leahy-Smith America Invents Act (AIA) era are very difficult to attain from the USPTO.” They’re even more difficult to defend in a courtroom. To quote the whole paragraph:

“This patent covers an important element in the foundation of our mobile engagement platform and embodies the uniqueness of our gamification intellectual property,” said Blue Calypso CEO, Andrew Levi. “Software patents in the post Leahy-Smith America Invents Act (AIA) era are very difficult to attain from the USPTO. We anticipate expanding our patent portfolio to cover a broad set of intellectual property in this area as well as others.

“They care neither about justice nor innovation (which are basically marketing terms to them).”Worry not, however, as patent lawyers and their media are in there for ‘the rescue’. They’re attacking AIA, Alice, PTAB, and whatever else threatens the patent maximalists and aggressors. Here is the term “patent death squad” again, showing up in IAM’s ‘analysis’ of Cuozzo at SCOTUS. Because yes, calling bogus, invalid patents “invalid” makes you an executioner? A “patent death squad”? We wrote about the overuse of euphemisms and demonisation terms here before. Sites like IAM are as guilty as anyone of bias. Here are ten more articles we found on the subject last night [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. MIP said that “The Supreme Court has heard oral arguments in Cuozzo Speed Technologies v Lee, the first Supreme Court case to consider an appeal of a PTAB decision” (PTAB is itself already a kind of appeal, so how much more in terms of fees should be added to keep the poor inventors disenfranchised or broke?).

As one might expect, based on these examples from last night [1, 2, 3], patent lawyers are just trying to sell their services. They care neither about justice nor innovation (which are basically marketing terms to them).

“Once again we see CAFC getting involved, despite its track record of being applicant- or plaintiff-friendly (irrespective of the context and the law, e.g. on software patents). “More business for ‘IP’ lawyers is noted right now (even colours are becoming monopolies!) because more lawsuits and feuds are being measured in Europe. As part of yesterday’s new series about trademarks at MIP [1, 2, 3] we found this one titled “EU design cases looking up” and it says: “2015 was a year of definite improvement over 2014 for design decisions from the Court of Justice and the General Court in Luxembourg. David Stone explains, however, that progress still needs to be made to provide certainty for designers and practitioners” (in the US design patent are under SCOTUS scrutiny, but that’s not the same as registered designs). As Patently-O put it yesterday: “After Coleman’s appeal was docketed, the Federal Circuit disavowed the “factoring out” rule that many had read in Richardson. As discussed previously on this blog, in Apple v. Samsung and again in Ethicon v. Covidien, the court insisted that Richardson did not, in fact, require the elimination of functional elements from design patent claims.”

Once again we see CAFC getting involved, despite its track record of being applicant- or plaintiff-friendly (irrespective of the context and the law, e.g. on software patents). CAFC is rife with corruption, especially in recent years (we covered this several times before). It’s not much better than the EPO, which having subverted French media for propaganda a year ago is doing so again, in spite of the risks. Examination quality not only declined because of Battistelli's policies but there are also talks about replacing examiners with machines (that’s how filing systems are likely to work, capable of duplicates detection at best).

“It’s not much better than the EPO, which having subverted French media for propaganda a year ago is doing so again, in spite of the risks.”A reader has just reminded of us an old article from a well-known victim of this system, noting: “His talks are long (he has many others) but they start to explain, indirectly, what is going on with the EPO and similar disasters. The bottom line is that there is no democracy in Europe, the power structure is outside that and the real participants have active contempt for democracy.”

When will there be democracy in Europe if ever at all? Right now few billionaires and non-EU corporations decide for all of us. It is becoming a lot like the US, where political parties are being ‘bought’ (or sold to the highest bidder/s), elections are up for sale, and the USPTO is little more than a corporate tool for very large corporations like IBM and Microsoft. As for China’s system, need we say more?

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

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/04/26/sipo-uspto-epo/

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. Links 4/3/2021: Pardus 19.5 is Out and Free Software Foundation Gets Consulting Grant

    Links for the day



  2. IRC Proceedings: Wednesday, March 03, 2021

    IRC logs for Wednesday, March 03, 2021



  3. The Free Software Foundation Should Re-add Richard Stallman to the Board

    Dr. Richard Stallman is missed by many who perceive him to have been wrongly treated; putting Stallman back in the Board (at the very least) would help the image of the Free Software Foundation more than the newly-announced work with Community Consulting Teams of Boston



  4. Free Software Calling

    Fewer people are willing to "put up with the shit" given by so-called 'Big Tech', seeing that it's mostly about social control rather than enablement or emancipation



  5. Meme: EPO Management Totally Gets 'Tehc'

    The bestest patent office in the whole wide world is besting the “hey hi” (AI) cutting edge; don't worry about exam and certification integrity



  6. The EPO's Software Blunders Are Inevitable Outcome of Technically Clueless Management Which Grants Illegal Patents on Software

    The "clusterfuck" which the EPO has become is negatively affecting not only EPO staff but also stakeholders, who sink into depression and sometimes anger, even fury, at great expense to their health; this is how institutions die (for a quick but short money grab, a culmination of corruption which piggybacks half a century of goodwill gestures)



  7. Links 3/3/2021: OpenSUSE Leap 15.3 Beta, GNU Denemo 2.5, and NomadBSD 1.4

    Links for the day



  8. What Free Software Organisations Can Learn From Australia's Rape Crisis

    Reprinted with permission from Daniel Pocock



  9. Microsoft Weaponises (and Further Spreads) Racism to Distract From Its Own Incompetence (and 'Five Eyes' Collusion for Back Door Access)

    Racist Microsoft is at it again; we're meant to think that China is evil for doing exactly what the United States has been doing but more importantly we're told not to blame Microsoft for shoddy code and back doors (classic blame-shifting tactics and overt distortion of facts, as we saw in the wake of SolarWinds backdoors)



  10. GNU/Linux News Sites Need to Promote Software Freedom, Not Binary and Proprietary Blobs Merely Compiled for GNU/Linux

    There has been lots of proprietary fluff in GNU/Linux 'news' sites so far this week; it merits an explanation or clarification, e.g. why we should generally reject proprietary stuff and instead promote Free/libre alternatives



  11. Links 3/3/2021: OpenSSH 8.5 and Absolute64 20210302 Released

    Links for the day



  12. IRC Proceedings: Tuesday, March 02, 2021

    IRC logs for Tuesday, March 02, 2021



  13. Links 3/3/2021: IPFire 2.25 Core Update 154, Red Hat Satellite 6.8.4, Kiwi TCMS 10.0

    Links for the day



  14. Links 2/3/2021: KDE Plasma 5.21.2, Qt 6.1 Beta, Refund of Pre-installed Windows

    Links for the day



  15. 'GatoKeeper'/IP Kat (AstraZeneca) Still Suppressing and Censoring the Public Views or Internal EPO Talks About EPO Corruption

    The suppression of comments critical of the EPO‘s administration (especially corruption scandals surrounding António Campinos and Benoît Battistelli) is a real problem; those ought not be a taboo subject in comments (where bloggers used to speak about those issues openly and regularly)



  16. Pocock on Removing Cognitive Bias Around Consent

    Reprinted with permission from Daniel Pocock



  17. IRC Proceedings: Monday, March 01, 2021

    IRC logs for Monday, March 01, 2021



  18. Links 2/3/2021: Maui 1.2.1, RSS Guard 3.9.0

    Links for the day



  19. ZDNet Really Hates Golang (Maybe Because Microsoft Does)

    The Golang programming language seems to be the target of intense FUD campaigns from sites connected to Microsoft, so it’s likely a bit of a Nemesis/endgame to Microsoft monoculture (unlike Rust, which Microsoft has already pocketed and is actively besieging to promote Microsoft monopoly and hardware monoculture)



  20. Links 1/3/2021: KStars 3.5.2, ET: Legacy 2.77, Flameshot 0.9

    Links for the day



  21. Five Years of António Campinos Coverage in Techrights (We Correctly Predicted His Presidency in March 2016)

    We've warned about António Campinos since March of 2016; well, António Campinos isn't just EPO President right now but he's also an oppressor who demonises the union of the EPO's staff



  22. In 2021 the EPO Works for Parasites Instead of Scientists (and It Cannot Even Hide That Anymore)

    Europe's second-largest institution is working for those who attack instead of create (or those who attack actual creators, with lousy and sketchy patents as ammunition)



  23. Links 1/3/2021: Manjaro ARM 21.02 and First Linux 5.12 RC Released

    Links for the day



  24. IRC Proceedings: Sunday, February 28, 2021

    IRC logs for Sunday, February 28, 2021



  25. On Gangstalking and Victim-Blaming

    Reprinted with permission from Daniel Pocock



  26. If the Web Can Be Increasingly Replaced (or Complemented) by Gemini and IPFS Etc., Then Large Monopolists Will Try to Dominate Those

    Monopolists and sociopaths won't be clapping and cheering for whatever stands a chance of replacing the Web (or Big Banks); if they ever embrace those replacements, it'll be to dominate and in turn undermine these



  27. Links 28/2/2021: Nitrux 1.3.8 and Kraft 0.96

    Links for the day



  28. Techrights Over 3 Internet Protocols and From the Command Line, Using Either Curl/Wget/Text Editor (Over WWW) or IPFS or Gemini

    A quick demo of how Techrights can be accessed without a browser, either over gemini:// or over http://



  29. The Command Line for Weather and Football Scores, Among Other Stuff

    A lot of stuff can be done from the command line and productivity (not to mention privacy) enhanced by automation and scripting over the Web (or even Gemini, as we shall show in a future video)



  30. You Know Gemini Space is Getting a Lot Bigger When You Need to Implement DDOS Protection

    Techrights is currently working on tools or programs that help detect and respond to DDOS attacks (or abusive over-consumption of pages) over gemini://


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