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

01.18.18

Patent Prosecution Highway: Low-Quality Patents for High-Frequency Patent Aggressors

Posted in Europe, Patents at 6:34 am by Dr. Roy Schestowitz

Patent Prosecution Highway
Reference: Patent Prosecution Highway

Summary: The EPO’s race to the bottom of patent quality, combined with a “need for speed”, is a recipe for disaster (except for litigation firms, patent bullies, and patent trolls)

Patent Prosecution Highway (PPH) is not an EPO thing but an international thing (WIPO et al). The USPTO, for example, has that too. Nevertheless, the EPO’s blind embrace of PPH — more so in the midst of rushed patent examination — gives room for concern, especially with UPC being on the agenda. It’s like litigation, not justice, is on the priority list. Patent trolls must absolutely love that.

“…the EPO’s blind embrace of PPH — more so in the midst of rushed patent examination — gives room for concern, especially with UPC being on the agenda.”IAM has just published a sponsored piece* for the patent microcosm in Brazil (Battistelli has some cooperative deals with Brazil, e.g. PPH/validation). What good are patents from Brazil? This has become a subject of great concern because Brazil is possibly copying INPI (France/Battistelli but also the Brazilian Patent and Trademark Office) and may soon grant a patent for every single application. Quality control? Naaaaa… who needs that? Just call an “emergency” and grant everything.

Battistelli’s EPO is becoming more like INPI (France) over time. Yesterday we saw a whole class of patents getting invalidated (again, just like last year) and lack of proper examination will certainly destroy the value of Brazilian patents/European Patents. A few days ago IAM published this so-called ‘report’ titled “Pulling the plug on INPI’s patent backlog” and to quote:

The government is expected to launch an emergency measure to eliminate the Brazilian Patent and Trademark Office’s (INPI’s) patent backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new measure were made available for public comment in early 2017 – the deadline to provide comments was August 31 2017.

INPI officials recently held that certain proposals made by local associations could complicate the process.

While it is difficult to know the precise details and timing for this measure, companies may soon need to deploy a short-term strategy – as short as 90 days – to mitigate potential risks and take full advantage of the new system (eg, using the proposed opt-out system for selected applications and filing pre-grant oppositions against competitors). Companies should also consider entering the national phase of Patent Cooperation Treaty applications before the 30-month deadline; likewise, Paris Convention filings should be made whenever possible.

The INPI implied that no other viable option could solve the backlog in the short term. All pending non-pharmaceutical applications filed before the emergency measure is published and becomes effective should be covered.

Too great an abundance of patents would defeat the whole purpose of a patent system, which is merit-based. It would also help frivolous litigation skyrocket. And speaking of litigation, look who gets priority; it’s those who litigate. That’s what PPH is all about.

A few days ago Lexology carried this article which acted as a sort of EPO puff piece. To quote:

The Canadian Intellectual Property Office (“CIPO”) recently announced a three-year extension to its pilot Patent Prosecution Highway (“PPH”) agreement with the European Patent Office (“EPO”). Notably, the previous requirement for an application to have entered the Canadian national phase on or after January 5, 2015 has been lifted. Applicants with applications that were previously considered ineligible for CIPO-EPO PPH due to this date restriction may wish to consider if their applications could now qualify for expedited treatment, bearing in mind that examination must not yet have commenced for an application to be PPH-eligible.

A CIPO-EPO PPH agreement that would speed up examination is not necessarily a good thing or a selling point. It overburdens examiners, potentially making examination a lot more error-prone. Who wants a bogus patent that would never survive in court? Instead of focusing on patent quality, accelerated examination is intended to facilitate patent aggressors (let’s face it, SMEs are more likely to settle outside the courts, so they would suffer the most). Combine PPH with already-declining patent quality at the EPO and what we have is a surge in oppositions (i.e. more burden for EPO staff) and a decision like yesterday's (which devastated Broad).
____
* IAM appears to have just renamed “international reports”; now it’s called “industry reports” (paid, self-promotional placements) and in addition IAM’s placements get reposted elsewhere. Here’s a new example. “This article first appeared in IAM” it says at the very bottom.

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 17/1/2019: ZFS Debate Returns, AWS Pains Free Software

    Links for the day



  2. US Patent Lawyers Will Need to Change Profession or End up Becoming Abundantly Redundant, Unemployed

    In the age of Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) and 35 U.S.C. § 101 it’s too risky to sue with dodgy patents; moreover, the Federal Circuit‘s growing adoption of Alice means that no recent cases have given hope to patent maximalists and litigation frequency has fallen again (at double-digit rates)



  3. Links 16/1/2019: Deepin 15.9 Released and Mozilla Fenix

    Links for the day



  4. Brexit Has Failed, But So Has the Unitary Patent (UPC)

    Even though all signs indicate that the Unified Patent Court (UPC) will never become a reality spin is to be expected from Team UPC, still looking to profit from more litigation and expanded scope



  5. IBM, Which Will Soon be Buying Red Hat, is Promoting Software Patents in Europe

    Even days apart/within confirmation of IBM's takeover of Red Hat IBM makes it clear that it's very strongly in favour of software patents, not only in the US but also in Europe



  6. Team UPC on Dead UPC: Choosing Gowns for Corpses

    The campaign of lies, long waged by Team UPC in order to manipulate politicians and courts, hasn’t stopped even in 2019 (IAM threw in the towel, but some of Team UPC is still ‘embalming’ UPCA)



  7. Links 15/1/2019: MX Linux MX-18 Continuum Reviewed, Mageia 7 Artwork Voting

    Links for the day



  8. Council of Europe (CoE) Recognises There's No Justice at the EPO

    It’s now the Council of Europe‘s turn to speak out about the grave state of international organisations that exist in Europe but aren’t subjected to European law (which they routinely violate with impunity)



  9. Dominion Harbor -- Armed by Microsoft's Biggest Patent Troll -- Goes After the World's Biggest Android OEMs, Huawei and Samsung

    Dominion Harbor, the patent troll that gets bucketloads of patents from Intellectual Ventures (a patent troll strongly connected to Microsoft and Bill Gates), is still suing using shell entities



  10. Links 14/1/2019: Linux 5.0 RC2 and DXVK 0.95 Released

    Links for the day



  11. Only the Higher Courts -- Not Trump's 'Poster Child' -- Can Bring Back Software Patents

    Software patents are not making a "comeback" as some like to claim; in fact, the latest court cases and notably their outcomes suggest that nothing has changed



  12. “Uniloc is a Lawsuit Factory”

    Apple is a very secretive company, so it is hard to know what goes on with the patent troll Uniloc



  13. European Patent Office a Textbook Example of Lawless, Rogue Institutions

    The tyrannical nature of the EPO is still being demonstrated by the sad fate of Patrick Corcoran; technical judges at the EPO are feeling intimidated by nontechnical politicians and bankers



  14. No, Software Patents Are Not Poised to Make a Comeback Under New US Patent Office Rules

    Poor understanding of the difference between patent courts and patent offices is to blame for widely-spread misinformation from Ars Technica (part of Condé Nast)



  15. IP Kat Has Turned From EPO Critic (to the Point of Being Blocked by the EPO) to EPO Whitewasher That Gags EPO Whistleblowers

    The EPO tried to forcibly gag (block) IP Kat like it blocks Techrights (since 2014); failing that, the EPO got the blog to just act as a whitewashing operation for Team Campinos (more or less the same as Team Battistelli)



  16. Linspire 'Reborn' is Still Working for Microsoft and Facilitating Surveillance on GNU/Linux Users

    GNU/Linux spyware scandals may be back (and it's not about Canonical and Amazon but Linspire and Microsoft); Microsoft is meanwhile exposing innocent kids to pedophiles and it refuses to explain or defend this



  17. Links 12/1/2019: Wine 4.0 RC6, X-Plane 11.30, SuperTuxKart 0.10 Beta, LibreOffice 6.2 RC2

    Links for the day



  18. The EPO's Low Patent Quality Can Kill the European Software Industry and Kill People Too

    The patents granted by the EPO are often invalid as per courts' decisions, which means that fake/illegitimate European Patents saturate the market and discourage development (e.g. of software and life-saving drugs)



  19. The Fiction That Spain (or Italy) Can Salvage the UPC

    The proponents/lobbyists of the Unified Patent Court (UPC), firms that make money from patent litigation (we collectively call these "Team UPC"), are nowadays backpedaling, having come to grips with the death of the UPC, realising it's time to save face by pretending everything they said in the past wasn't a lie



  20. Links 11/1/2019: IBM-Red Hat Obstacle Cleared, Toyota Chooses Linux

    Links for the day



  21. EPO President “Campinos is Wasting His Credibility With “Sweet” Communiqués Full of Hot Air and Storytelling”

    EPO insiders insist if not demand that all those responsible for the corruption and the abuses be removed; Campinos has done the opposite by promoting those who caused harm and turning his overseer into his subordinate



  22. The Emptiness of the Linux Foundation's Commitment to Linux and Its True Openness... to Corporate Cash (in Exchange for Influence)

    Like Pence and Moreno, who exchange a political refugee for loans, the Linux Foundation abandons its commitment to GNU/Linux in exchange for maximisation of financial contributions



  23. Links 10/1/2019: Linux 4.20.1, GNOME 3.31.4 Released

    Links for the day



  24. Links 9/1/2019: Qubes OS 4.0.1, Bash 5.0

    Links for the day



  25. European Patent Office Saga in 2019: “95% of the People Responsible for the Misery Are Still in Place and Have Not Even Been Rebuked”

    No signs of reformation at Europe's second-largest institution, which still suffers from justice deficit and blatant corruption



  26. Links 8/1/2019: Godot 3.1 Reaches Beta, Tidelift Gets Money

    Links for the day



  27. EPO Corruption is Helping Patent Maximalists in the United States

    The law firms that promote abstract patents in the United States (in the face of growing opposition from courts) adopt the EPO as a sort of 'poster child' because quality of European Patents keeps decreasing and lawlessness is increasing



  28. Links 7/1/2019: Linux 5.0 RC1

    Links for the day



  29. Words to Avoid: Cloud, Serverless, Microservices and More

    The marketing industry is hijacking press coverage and journalism has turned into a laughable mash-up of buzzwords; technical people ought to push back



  30. One Week After Site Migration

    January 1st marked an important milestone/accomplishment: managing to fully migrate Techrights to the new environment (datacentre) with zero downtime, just in time for the new year


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