Bonum Certa Men Certa

Patent Quality in the United States Can Only be Assessed at the Patent Trial and Appeal Board (PTAB) and the Courts

Because the patent office does not properly analyse patents, unlike PTAB judges

David Ruschke
David Ruschke's 'official' photo



Summary: The travesty of patent offices in the US and China, where the goal or the accomplishment is measured in terms of the number of patents rather than their quality

WHEN it comes to technology, the US, India, and China are among the world's leaders if not the leaders. India, a software powerhouse, rejects software patents, whereas the US, which loses its dominance in this area, is attempting to use such patents in a desperate last-ditch effort at protectionism while using "China" as an excuse for patent maximalism (we'll come to China in a bit).



"...one must distinguish between patents getting granted (by people who receive incentives to grant) and patents being found valid, e.g. by PTAB or the courts."Yesterday we wrote about IBM patent propaganda in US corporate media. IAM, in its belated coverage about IBM, is opportunistically promoting the patent gold rush. "New grant stats show that companies still put a premium on US patents" says the headline, but it's about IBM.

"IBM receiving the most US patents in a year has become as much a feature of the US patent system as the Supreme Court over-ruling the Court of Appeals for the Federal Circuit," IAM says. Nice spin attempts. Just because the USPTO granted a lot of patents doesn't mean that the courts would find them valid once challenged. MIP has also just piggybacked IBM, a software patents lobbyist, saying that "IBM held on to the top slot for the 24th consecutive year. Its 8,088 US patents granted in 2016 was up nearly 10% over 2015 and is the most any company has ever acquired in a calendar year."

But how many of these would courts actually deem valid? Probably less than ever before. Here is an Indian angle on this 'news', trying to claim credit for this weaponisation of a patent aggressor.

"The only patent system which we consider to be worse than the USPTO is SIPO (China)."We remind readers not to be confused enough (or bamboozled) so as to conflate two things; one must distinguish between patents getting granted (by people who receive incentives to grant) and patents being found valid, e.g. by PTAB or the courts. "The presumption of validity also helped the patentee," Patently-O wrote the other day about the case of Sonix Tech. v Publications Int’l. Well, courts must never ever presume validity at the USPTO (with patent application at 92% acceptance rate by some criteria). It remains somewhat of a mystery just how many of today's software patents would actually be deemed valid; one can only estimate and judging by statistics from the PTAB and courts (extrapolation) one can envision hundreds of thousands of them being invalidated upon closer examination. That would certainly apply to many of IBM's patents as well.

The only patent system which we consider to be worse than the USPTO is SIPO (China). If there were more polyglots out there who can write good English and read Mandarin fluently, we'd have more examples of totally rubbish SIPO patents.

IP Kat has just published a "Guest Post" by Yangjin Li. Titled "China's Patent Boom", the article embellishes the image of this garbage can of crappy patents. As one part puts it, naming the laughable number of applications:

Logically, one may have doubts about the quality of the massive applications. One can at least rest assured that all of the 1.1 million patent applications filed in 2015 will sooner or later be undergoing substantive examination. However, it raises questions about the SIPO’s examination capacity. As SIPO continues building its examination capacity to meet the rapidly growing demand, the workload and the skills of examiners, particularly those newly recruited examiners, may well influence the reliability of the examination.


Well, China is already becoming somewhat of a trolling hub. IAM is of course happy about it. Earlier this week it published "Licensors must understand that what is FRAND in US and EU may not be in China, says Xiaomi IP strategy chief". Lenovo, which bought a pile of IBM's business, is also mentioned:

As part of its programme to meet these, last week it signed a deal with Via Licensing that will give it the right to use the assets that form Via’s Advanced Audio Coding patent pool in its products worldwide. Like a similar deal done with Lenovo just before Christmas, Xiaomi’s agreement with Via was tailored to reflect what both parties understand to be the unique dynamics facing Chinese businesses operating in the mobile space.


We expect China to take the United States' place as the world's capital of patent trolling. For such a curse and a liability to go somewhere else would certainly be of help to American businesses. They never benefited in any way from all that litigation; it's the patent microcosm that benefited from these lawsuit and we all know at whose expense...

Love and Yoon have a new paper about patent trolls. Matt Levy wrote about it and mentioned the Eastern District of Texas "court’s reputation for plaintiff-friendly juries" -- a fact disputed (in response to us) only by those inside that Texan system which actually advertises this bias.

Here is what Levy wrote:

Brian Love and James Yoon have a new paper out on the Eastern District of Texas and why patent assertion entities love it so much. The authors note that 90% of the patent cases in the Eastern District are filed by patent assertion entities. They look at several possible explanations, such as the speed of the court and the court’s reputation for plaintiff-friendly juries.

[...]

Love and Yoon also found that few cases have any connection to the Eastern District of Texas. Only about 18% of the cases in the Eastern District of Texas have any local link to the original inventor, original patent owner, or the first named defendant. By comparison, nearly 88% of the cases filed in the Northern District of California (which includes Silicon Valley) have such a local link to the district.


As we noted earlier this week, the Eastern District of Texas might soon die as the capital of patent trolls. If China takes its place, then good luck to China. It would devastate if not destroy the Chinese economy, more so than anything else, after it repeated the United States' mistakes, including patent scope lenience...

Patents are a man-made concept, just like money (unlike bartering). Granting too many patents can have the same effect of printing too much money (hyper-inflation, making even a loaf of bread priced way out of reach).

Recent Techrights' Posts

Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
 
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock
IBM in the Red After Bad Results (Shares Down in After Hours)
Will the CEO step down, retire, of what else?
Gemini Links 22/07/2026: Fault Lines, the Dark Web and Beyond, and Why Substack is Awful
Links for the day
Insult and Injury: Getting Banned, Not Just Sacked, by Microsoft
A former insider spoke about this in public 5 hours ago
Links 22/07/2026: "Dumb Phones" Not Enough to Tackle Harmful Addition, "MPEG-4 Visual's Road to Being [Software] Patent-Free"
Links for the day
IBM's Press Release About Results Mentions "AI" 10 Times, "Quantum" 4 Times
Blah blah blah AI"
Top secret: Cults inquiry submission concealed from public
Reprinted with permission from Daniel Pocock
An Hour Ahead of Alleged 'Results' (Amid Investigation Into Fraud) IBM Falls Back to New Lows
Only cents away from a 52-week low
IBM Headed for Lowest "Value" in 2 Years
In a nutshell, Krishna "can't keep it up" and IBM is now investigated for fraud
Investigation Progressing
There is nothing "funny" about receiving mortal threats for merely reporting information in a civilised country
Things We Could Do More Than Half a Century Ago But Can No Longer Accomplish
Newer is not always better
Anupa Ann Joseph & Debian defamation gang
Reprinted with permission from Daniel Pocock
State of the Invidious Project
Never forget how hostile Google can be towards freedom
Prioritising the Safety of Women is the Best Approach to Foster Diversity in Technical Communities
Debian was never "normative", but that does not mean Debian should have such low standards
IBM Will Report 'Results' Tonight (CET), It's Already Investigated for Securities Fraud
"Five of the biggest US tech giants are carrying $1.65 trillion in debt that does not show up on their balance sheets"
Hardware Has Gotten a Lot Worse, Not Just Far More Expensive
prices go up fast
Amid Claims of Microsoft Bing Layoffs It Seems Like Bing Cannot Even Hold on to Second Place
Yandex is sometimes bigger than Bing
Wikileaks Does Not Publish New Material Anymore, But Wikileaks Still Changes the World
Wikileaks has a legacy that will soon turn 20
Links 22/07/2026: Postal IRCs, PlayStation Kills Discs, Union Action Against Microsoft, "Judge Considers Tossing Databricks Patent Suit Under California anti-SLAPP Law"
Links for the day
Same 'Journalists' Who Published Fake News for IBM (Pump and Dump) Now Write Puff Pieces About the Stock Falling
the media is so compromised
They Called It "Social" and "Media", But It Turned Out to be Slop and Child Porn
Why do any sane people still use social control media?
Age of consent: DebConf26 registered sex offender in Argentina?
Reprinted with permission from Daniel Pocock
European Patent Office (EPO) Series: In the Pole Position Despite a Dismal Track Record
António Campinos is an old hand when it comes to such high-level institutional intrigue
Site a Bit Slower Due to Visitors' Load
We'll try to work out better speeds
Gemini Links 22/07/2026: Emacs, Astrology Clock, Arduino, and Rogallo v1.0.0
Links for the day
After Involvement by the Free Software Foundation (FSF) LibreTech and Quibble Gain More Participants
RMS expressed gratitude for people who worked on Quibble and improved LibreJS after many years of inactivity
The Lessons From the Assange Saga
This will not end well
Linux Foundation an Enemy of the Planet, Proponent of Pollution and Global Heating
"could the "polluters pay" model be extended to the computing environment and used to take on Microsoft and Microsofters?"
Apple Will Increase Surveillance of Customers, Record Verbal Communications Under the Guise of "Hey Hi"
Apple now drinks that same Kool-Aid
Dave Winer, Blogging Pioneer, Sells Out, Spews Out LLM Slop to Readers
Another one bites the dust [...] Now it's a slopfarm of sorts
Not Everything Can be Automated
not a new thing
GNU/Linux OS in ComorOS
Now, as in recent years or the last year, the GNU/Linux "signal" is growing significantly
Microsoft Redefines "Layoffs" to Give Smaller Tallies
It's not just calling them "buyouts" or saying people are merely "leaving" or "retiring"
IBM is Not Done Destroying Red Hat, Wait Till October 1st 2026 (More Layoffs and Bluewashing)
It's not bluewashing 'til it's 100% done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 21, 2026
IRC logs for Tuesday, July 21, 2026
"LF Sex", Nothing to Do With Linux
a lot of explaining to do this week