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

01.06.18

Patent Maximalists’ Utopia: INPI-Like Patent Systems Where Every Application is Blessed and WIPO-Inspired Assumption That the More, the Merrier

Posted in Deception, Patents at 10:20 pm by Dr. Roy Schestowitz

What would the world look like with billions of computer-generated patents (as some people have suggested)?

Information overload
Reference: Information overload

Summary: The distortion of the patent system at the hands of the patent ‘industry’, which leads to granting of millions of patents that oughtn’t be granted due to duplication, prior art, and/or lack of merit

THE PATENTLY FALSE assumption that maximisation of the number of patents is both essential and desirable is a real problem. We see it everywhere in the patent microcosm, i.e. the ‘industry’ associated with patenting (rather than doing things on which patents get granted). The EPO is all about maximisation right now; the USPTO always had this problem, more so after the Reagan years. China too is moving in this direction, as we shall explain later this weekend.

Let’s go back to the basics. What are patents anyway? Patents are an exchange. A person gets granted a temporary monopoly in exchange for publishing his or her (or their) method, typically demonstrated using some physical device. Examiners used to be shown the claimed inventions (in real life, in person). The motivation is sharing of knowledge or contrariwise, avoiding the loss of technical advancement due to someone’s death (taking one’s trade/technical secrets into one’s grave). Patents are not bad per se; it just depends on how we view them and their original (intended) purpose. The same goes for copyrights and trademarks.

A few days ago someone wrote that the “USPTO trademark filing record shattered again in 2017, with more than 437,000 new applications, an increase of at least 12% in filings over 2016.”

It’s rather odd that trademarks and patents are both being dealt with by the same US-based office. Regardless, patents too are on the increase; the pace of granting increases, not necessarily because innovation is picking up pace (no empirical evidence of that). We wrote about this many times over the years; it’s a commonly-explored area in scholarly literature, too.

The other day CCIA noted that while courts eliminate many software patents, there’s no evidence that it affects the patent office all that much and it certainly has not slowed down granting. As the author put it, “the impacts of the Alice cases on patent examination have been relatively insignificant,” which is true. He cites WIPO data:

Third, the World Intellectual Property Organization (WIPO) released their annual Global IP Indicators report. There’s a lot of data in here on IP and patents worldwide. One interesting observation in the report—despite the “sky is falling” rhetoric about Alice and IPR, filings in the U.S. continue to increase. What’s more, grant rates were actually higher in 2014-2016, after Alice, than in 2010-2012. As I pointed out last year, the impacts of the Alice cases on patent examination have been relatively insignificant compared to the rhetoric surrounding them.

The WIPO figures alluded to above came out not too long ago. In fact, WIPO published this nonsense about “Innovation Hotspots”; what WIPO neglects to say us tgar one has to be rich to pursue patents worldwide; it’s not about innovation at all but mostly about protectionism, which some nations are better able to afford.

“These are the world’s top 10 invention hotspots, based on the number of international #patent applications filed,” it said in Twitter. Well, “international patent applications” are extremely expensive.

The same sort of flawed logic could be seen here at Kettering University just a few days ago. Kettering promotes the utterly baseless theory that inventorship doesn’t exist until/unless there’s a patent . “The study,” it says, “by economists from Harvard University, MIT, the London School of Economics, Stanford University and the U.S. Treasury, analyzes the backgrounds of patent-holders nationwide to determine shared characteristics of inventors. In a portion of the study looking at the education of patent-holders, Kettering University was fourth in producing alumni who hold patents – trailing only MIT, CalTech and Harvey Mudd.”

But does that not miss the point? Are people “inventors” only if they have patents? What about places like India, where most people are not wealthy enough to pursue patents (never mind India’s renowned limit on patent scope)? IAM and Spicy IP wrote a few days ago [1, 2] about IPAB. The outline from Spicy IP says “Justice Manmohan Singh Appointed as IPAB Chairperson under Potentially Illegal Tribunal Rules – Continues to Hold the Post of Chairperson of Appellate Tribunal for Forfeited Property” (IPAB was covered here before).

Remember that patents are only worth as much as quality control or the effort required to come up with them and assess them. Otherwise it’s just fool’s gold. Recently, Brazil nearly committed reputational suicide (damage to all granted patents) by ‘pulling an INPI’, i.e. just granting a patent for every outstanding application. Thankfully, plans have changed since then and it seems as though it’s not under consideration anymore. To quote the one single report we saw about it:

A potential procedure to fast-track the approval of more than 230,000 pending patent applications in Brazil, which some expected before the end of 2017, has not yet been published

A potential procedure to fast-track the approval of more than 230,000 pending patent applications in Brazil has not yet been published.

By “fast-track”, based on a prior report, they just mean approve. They apparently used words like “emergency” to justify such an extreme measure. It’s not only shady but also dangerous; we have only begun seeing just how broad a damage similar managerial approach has caused at the EPO.

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. Links 19/4/2019: PyPy 7.1.1, LabPlot 2.6, Kipi Plugins 5.9.1 Released

    Links for the day



  2. Links 18/4/2019: Ubuntu and Derivatives Have Releases, digiKam 6.1.0, OpenSSH 8.0 and LibreOffice 6.2.3

    Links for the day



  3. Freedom is Not a Business and Those Who Make 'Business' by Giving it Away Deserve Naming

    Free software is being parceled and sold to private monopolisers; those who facilitate the process enrich themselves and pose a growing threat to freedom in general — a subject we intend to tackle in the near future



  4. Concluding the Linux Foundation (LF) “Putting the CON in Conference!” (Part 3)

    Conferences constructed or put together based on payments rather than merit pose a risk to the freedom of free software; we conclude our series about events set up by the largest of culprits, which profits from this erosion of freedom



  5. “Mention the War” (of Microsoft Against GNU/Linux)

    The GNU/Linux desktop (or laptops) seems to be languishing or deteriorating, making way for proprietary takeover in the form of Vista 10 and Chrome OS and “web apps” (surveillance); nobody seems too bothered — certainly not the Linux Foundation — by the fact that GNU/Linux itself is being relegated or demoted to a mere “app” on these surveillance platforms (WSL, Croûton and so on)



  6. The European Patent Office Does Not Care About the Law, Today's Management Constantly Attempts to Bypass the Law

    Many EPs (European Patents) are actually "IPs" (invalid patents); the EPO doesn't seem to care and it is again paying for corrupt scholars to toe the party line



  7. The US Supreme Court (SCOTUS) Once Again Pours Cold Water on Patent Maximalists

    Any hopes of a rebound or turnaround have just been shattered because a bizarre attack on the appeal process (misusing tribal immunity) fell on deaf ears and software patents definitely don't interest the highest court, which already deemed them invalid half a decade ago



  8. Links 17/4/2019: Qt 5.12.3 Released, Ola Bini Arrested (Political Stunts)

    Links for the day



  9. Links 16/4/2019: CentOS Turns 15, Qt Creator 4.9.0 Released

    Links for the day



  10. GNU/Linux is Being Eaten Alive by Large Corporations With Their Agenda

    A sort of corporate takeover, or moneyed interests at the expense of our freedom, can be seen as a 'soft coup' whose eventual outcome would involve all or most servers in 'the cloud' (surveillance with patent tax as part of the rental fees) and almost no laptops/desktops which aren't remotely controlled (and limit what's run on them, using something like UEFI 'secure boot')



  11. Reader's Claim That Rules Similar to the Code of Conduct (CoC) Were 'Imposed' on LibrePlanet and the FSF

    Restrictions on speech are said to have been spread and reached some of the most liberal circles, according to a credible veteran who opposes illiberal censorship



  12. Corporate Media Will Never Cover the EPO's Violations of the Law With Respect to Patent Scope

    The greed-driven gold rush for patents has resulted in a large pool of European Patents that have no legitimacy and are nowadays associated with low legal certainty; the media isn't interested in covering such a monumental disaster that poses a threat to the whole of Europe



  13. A Linux Foundation Run by People Who Reject Linux is Like a Children's Charity Whose Management Dislikes Children

    We remain concerned about the lack of commitment that the Linux Foundation has for Linux; much of the Linux Foundation's Board, for example, comes from hostile companies



  14. Links 15/4/2019: Linux 5.1 RC5 and SolydXK Reviewed

    Links for the day



  15. Links 14/4/2019: Blender 2.80 Release Plan and Ducktype 1.0

    Links for the day



  16. 'Poor' (Multi-Millionaire) Novell CEO, Who Colluded With Steve Ballmer Against GNU/Linux, is Trying to Censor Techrights

    Novell’s last CEO, a former IBMer who just like IBM decided to leverage software patents against the competition (threatening loads of companies using "platoons of patent lawyers"), has decided that siccing lawyers at us would be a good idea



  17. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 2)

    Calls for papers (CfP) and who gets to assess what's presented or what's not presented is a lesser-explored aspect, especially in this age when large corporate sponsors get to indirectly run entire 'community' events



  18. Patent Maximalists Are Enabling Injustices and Frauds

    It's time to come to grips with the simple fact that extreme patent lenience causes society to suffer and is mostly beneficial to bad actors; for the patent profession to maintain a level of credibility and legitimacy it must reject the deplorable, condemnable zealots



  19. Further Decreasing Focus on Software Patents in the United States as They Barely Exist in Valid Form Anymore

    No headway made after almost 4 months of Iancu-led stunts; software patents remain largely dead and buried, so we’re moving on to other topics



  20. Links 13/4/2019: Wine 4.6 and Emacs 26.2 Released

    Links for the day



  21. Links 12/4/2019: Mesa 19.0.2, Rust 1.34.0 and Flatpak 1.3.2 Released

    Links for the day



  22. Caricature: EPO Standing Tall

    A reader's response to the EPO's tall claims and fluff from yesterday



  23. The EPO is Slipping Out of Control Again and It's Another Battistelli-Like Mess With Disregard for the Rule of Law and Patent Scope

    The banker in chief is just 'printing' or 'minting' lots and lots of patents, even clearly bogus ones that lack substance to back their perceived value



  24. Global Finance Magazine Spreads Lies About the Unitary Patent and German Constitutional Court

    Alluding to the concept of a "unified European patent," some site connected to Class Editori S.p.A. and based in Manhattan/New York City tells obvious lies about the Unified Patent Court (UPC), possibly in an effort to sway outcomes and twist people's expectations



  25. New Building as Perfect Metaphor for the EPO Under the Frenchmen Battistelli and Campinos

    The EPO is in "propaganda mode" only 9 months after the latest French President took Office; the Office is seen as dishonest, even under the new leadership, which routinely lies to the public and to its own staff



  26. Links 11/4/2019: Twisted 19.2.0 Released, Assange Arrested

    Links for the day



  27. EPO Still Wasting Budget, Paying Media and Academics for Spin

    EPO money continues to flow like water into hands that are complicit in legitimising the EPO's management and policies; this highlights the grave dangers of lack of oversight at the EPO, not to mention lawlessness or lack of enforcement



  28. Links 10/4/2019: Microsoft's GDPR Trouble, New Fedora 29 Images

    Links for the day



  29. Linux Magazine is Run by Advertisers, Not GNU/Linux (and It's Hardly the Exception)

    Advertising is big money — so big in fact that publications no longer care what’s true but instead focus on what text brings them more income (from advertisers, of course)



  30. Guest Post: The Linux Foundation (LF) is “Putting the CON in Conference!” (Part 1)

    Proprietary software giants with their sponsorships and gifts are more like Trojan horses or parasites striving to infect the host; how can the LF be protected from them?


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