Bonum Certa Men Certa

What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

"To technology companies, NPEs [patent trolls] are a drag on innovation, taxing them tens of billions of dollars every year while achieving no social purpose" --Mark Lemley and Robin Feldman

Mark Lemley
Image source: Stanford Law School



Summary: The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality

THIS post is not another rant about the EPO but purely about the USPTO, which is now being run by patent maximalists (see/recall the Director's selection, which seems to have involved nepotism). As the USPTO's "CIO Watchdog" put it yesterday (amid pretty substantial rumours of endemic USPTO nepotism): "PTO is sending Patent SES (David Wiley) back to Patents and bringing another (Debbie Stephens) to serve as the DCIO for a couple of months, this sounds odd? Rumors are flying about a new CIO selection but nothing official. Wiley seemed to be well thought of, Stephens not sure?"

"A meaningless -- symbolic at best -- 'milestone' will be celebrated. 10 million patents!"Nobody in the media has been covering the spousal connections there; barely anyone bothered pointing out that the USPTO's new Director headed a firm that used to work for Donald Trump before Trump nominated/appointed him. Either way, the news sites will be full of pieces like this one in the coming days. A meaningless -- symbolic at best -- 'milestone' will be celebrated. 10 million patents! As one site put it (the first we have seen on this):

The US Patent and Trademark Office (USPTO) has issued its 10 millionth patent.

The patent, Coherent Ladar Using Intra-Pixel Quadrature Detection, was the first to receive a new patent cover design, which was unveiled back in March.

The first patent was signed 228 years ago by George Washington in 1790. It was issued to Samuel Hopkins and was for a process of making potash, an ingredient used in fertilizer.

Commenting on the historic occasion, Wilbur Ross, secretary of commerce, said: “Innovation has been the lifeblood of this country since its founding.”


Wilbur Ross has been part of the so-called 'swamp' which put a Trump-connected patent maximalist in charge of the Office. And 228 years after it all started the USPTO issues patents at a laughable scale/pace which makes it rather clear that it issues a lot of patents wrongly. It has financial incentive to do so.

Examiners who try to do a good job and properly scrutinise applications receive "shaming" treatment from patent extremists like Anticipat, which now (yesterday) advises wrestling with patent examiners over rejections as if anything that renders patents void -- like PTAB for the most part -- is an abomination and wrong. Anticipat if just looking to profit from patent extremism. 'Stalking' examiners, too. Doxing next? Here's what they wrote:

The Examiner Answer can be a very important stage of the ex parte appeal process. It is at this stage that Examiners may want to make up for weak Office Action positions and set themselves up for getting affirmed at the Board. Understanding the incentives and tactical options, however, can give the patent practitioner the upper hand.

The Examiner Answer is technically optional (“The primary examiner may, within such time as may be directed by the Director, furnish a written answer to the appeal brief.” 37 CFR 41.39). Examiners usually prepare them because of the disposal credits that they receive. Outside of this most obvious incentive, Examiners also have an opportunity to present their case most favorably to the Board panel that will decide the case. Sometimes these analyses can improperly go out of bounds. Since an appellant only gets 60 days to respond to an Examiner Answer (no extensions), a timely assessment of the Examiner Answer is critical.


Professor Lemley (whom patent extremists hate) and a co-author less familar to us, Robin Feldman, have meanwhile published this new paper. "My latest paper with Robin Feldman," Lemley wrote, "surveys tens of thousands of companies about the patent licensing demands they receive (fewer than you think) and whether those patent licenses drive innovation (not often)."

From the abstract:

Patent reform is a hotly contested issue, occupying the attention of Congress, the Supreme Court, and many of the most innovative companies in the world. Most of that dispute centers on patent enforcement, and in particular on the role of non-practicing entities (NPEs) or “patent trolls” – companies that don’t themselves make products but sue those that do. To technology companies, NPEs are a drag on innovation, taxing them tens of billions of dollars every year while achieving no social purpose. To NPEs and their supporters, they are enabling the first inventor to get paid and creating a working market for the transfer of technology.

Which is it?

In this paper, we present the first full empirical of the effect of patent licensing demands on the economy. With the help of a National Science Foundation grant and experts in survey design, we sent our survey out to every US-based business with at least one employee and revenue of $1 million or more – over 45,000 companies. Our results provide important insights into the nature and limits of patent licensing demands and their role (or lack thereof) in driving innovation.


So the bottom line is, this whole Cult of Patents as we habitually call it does not actually help innovation; it mostly helps the patent 'industry', which conflates litigation with innovation. How about a saner patent system which actually seeks to maximise innovation rather than the number of granted patents?

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role