Bonum Certa Men Certa

'Cult of Patents' Has Cheapened Patents and Nowadays Patent Law Firms Are Collapsing

Patents are becoming toothless, clawless

A male lion



Summary: The decline in patent quality is counterproductive in the long run; it assures that the patent system, especially the patent lawsuits element of it, loses momentum

THE concerns expressed by large law firms about EPO scandals aren't out of date; they're still applicable because António Campinos hasn't changed anything at all; what about the USPTO, whose patents (that it grants) are often found to be invalid in patent courts, such as the Federal Circuit and sometimes SCOTUS too? The matter of fact is, if patents are improperly being granted, people will lose confidence in them. And this, in turn, would reduce demand for them, perceived value of them, and ultimately cause the collapse of patent law firms (which in turn get absorbed by one another in order to get enough 'business' such as litigation flowing). Last year we wrote several articles about the demise of patent law firms and patent trolls. The patent bubble had burst. We have not seen any potent rebuttal to this, albeit days ago Patently-O wrote about that old strategy of firms getting absorbed when they're defunct. "One Example," Patently-O said, came on "August 21, 2018 – Venable LLP, an American Lawyer Global 100 firm, and Fitzpatrick, Cella, Harper & Scinto, one of the world’s leading intellectual property firms, have reached an agreement for Fitzpatrick to join Venable."

"Last year we wrote several articles about the demise of patent law firms and patent trolls."Are patent lawyers a dying breed? Trying hard to find work and getting 'bought' as a publicity stunt for mere hirings? This is commonly done in the technology sector (hirings disguised as takeovers). There are even catchy words and phrases that describe these routines. Here is another new example that is only days old ("Stinson Leonard Street combines with St. Louis intellectual property firm"). M&A as publicity stunt? How about this ("Apprenda attempting to sell its assets after business shuts down") from 5 days ago? Well, patents are not really "assets"; this metaphor just isn't helpful at all.

"People who do patents for a living (not invention but mere patents) may think or even lie to themselves about doing 'humanitarian' work; but those on the receiving end of patent lawsuits and blackmail from patent trolls would beg to differ."We remain convinced that in order for the patent system to maintain a sense of legitimacy it will need to improve patent quality. Days ago Managing IP wrote about the low quality of patents granted in China and Patently-O wrote about "USPTO China IP Roadshow at the University of Iowa College of Law". China's SIPO -- like WIPO -- demonstrates patent maximalism gone extreme. They don't seem to care about patent quality at all. All they care about is numbers!

Not too long ago the USPTO celebrated 10 million patents (never mind if the ten millionth might be invalid). The USPTO even made a special subsite to mark this 'event' and IP Kat currently continues its dance with the 'Cult of Patents' (people who believe that the more patents the merrier, irrespective of their merit/quality). A few days ago the patent microcosm published this article which said:

The 10 millionth U.S. patent will largely be a celebratory event, but it has warranted a lot of preparation at the United States Patent and Trademark Office. Especially its IT department.

For the first time in more than 100 years—and for the first time in the computer era, of course—the patent office will issue patents with eight digits. The situation could be likened, somewhat, to the end of the 20th century and the Y2K scare—when old software code had to be upgraded so that software systems throughout the world would function properly when the year 2000 arrived.


Look how many patents used to be granted in the US 100 years ago, 50 years ago, 20 years ago and so on. It's not innovation that's accelerating. It's just patenting activity that's soaring.

The USPTO is well aware of the situation. It knows that it has become just a patent-granting 'machine' and Donald Zuhn -- himself a patent maximalist -- is one among several people who are now scrambling to paint a patent monopoly as a humanitarian thing. They have this thing called "Patents for Humanity," again backed by the USPTO (like celebration of 10 million patents). To quote:

Earlier this month, the U.S. Patent and Trademark Office announced the latest winners of the Patents for Humanity program. The Patents for Humanity program, which was launched by the Office in February 2012 as part of an Obama Administration initiative to promote game-changing innovations to solve long-standing development challenges, is a competition recognizing innovators who use game-changing technology to meet global humanitarian challenges. Entrants are divided into five categories: medicine, nutrition, sanitation, household energy, and living standards. The Office noted that in this latest round, there were nine winners and six honorable mentions. Winners receive an acceleration certificate to expedite select proceedings at the USPTO (i.e., a patent application, ex parte reexamination, or an ex parte appeal to the Patent Trial and Appeal Board) in addition to public recognition for their work.


People who do patents for a living (not invention but mere patents) may think or even lie to themselves about doing 'humanitarian' work; but those on the receiving end of patent lawsuits and blackmail from patent trolls would beg to differ.

Recent Techrights' Posts

Microsoft's 'Lawsuit Diplomacy' (SLAPPs Riding UK Libel Law and Piggybacking UK GDPR, Inapplicable!) Will Only Give a Worse Image to Microsofters (and Microsoft), Give Exposure to Even More Suppressed Facts and Scandals
Microsoft came to dominate some sectors because of (or owing to) crimes; Microsoft won't just go away without some more crimes.
Five (or Three) Years Without Social Control Media
Glyn Moody quit X (Twitter)
Why GNU/Linux is Growing
There's growing interest in GNU/Linux right now because people do not fancy buying a new PC just to 'upgrade' (more spying) Windows
 
Links 20/04/2025: Bleeding Constitution and ChatGPT Infuriates Users Some More
Links for the day
Deja vu: Hitler's Birthday, Andreas Tille elected Debian Project Leader again
Reprinted with permission from Daniel Pocock
Chinese OEMs (and World's Largest) Pave a Path Out of Microsoft Windows
So Microsoft now values (or prices) Vista 11 at just $140?
Gemini Links 20/04/2025: Contradictions of Mark Carney and Blog Questions Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 19, 2025
IRC logs for Saturday, April 19, 2025
Electronics in People's Bedrooms
Modern technology not only blurred the gap between "functions" of rooms
Gemini Links 19/04/2025: Contingencies, GTD, and Old Computers
Links for the day
Links 19/04/2025: Economic Races, Charm Offensives, and USB-C Rants
Links for the day
Links 19/04/2025: "Infantilization at Big Tech" and LLM Slop Abused in Defiance of Workplace Rules/Policies
Links for the day
Gemini Links 19/04/2025: Palm Addiction and Real Experts
Links for the day
Egypt is Controlled by Google, Not Microsoft
Moving from Microsoft to Google is not the answer
Microsofters Say They Cannot Find a Job (That They Want) Because of Techrights, But Techrights Merely Reported on Their Behaviour
Quit pointing the finger at people who are recipients of abuse or merely mention the abuse
Free Software and Standards - Not Marketing Blitz - Needed Amid Growing Severity of Dependency on Hostile Suppliers (or Another Country's Sovereignty)
ZenDiS can be described as the "Center for Digital Sovereignty of Public Administration"
When It Comes to the Web, Google is Evil and It Destroys the Web's Integrity With LLM Slop
Even academia, which is meant to keep standards high, is being lured into LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 18, 2025
IRC logs for Friday, April 18, 2025
Links 18/04/2025: "Fentanylware (TikTok) Exodus Continues", Chinese Weapons Allegedly in Russia Already
Links for the day
Gemini Links 18/04/2025: Price of Games and State of Tinylog
Links for the day
Sounds Like IBM is Preparing for Mass Layoffs/Redundancies in Red Hat, Albeit in "PIP" (Performance Improvement Plan) or "Relocation" Clothing
This isn't the "old" IBM; they're applying pressure by confusion and humiliation
Gemini Links 17/04/2025: Role of Language and Back to Mutt for E-mail
Links for the day
"Sayonara" (さよなら), Microsoft
Windows had fallen below iOS in some countries
Links 18/04/2025: Layoffs at Microsoft Infosys and Qt Becoming Increasingly Proprietary (Plus Slop)
Links for the day
Google News is Dying
treating MElon's algorithmic/biased site as a source of verified news
Microsoft's Attack Dogs Have Failed. Now What?
It would be utterly foolish to assume that Microsoft has any intention of changing
All Your "Github Projects" Will be Gone One Day (Just Like Skype)
If you have code you wish to share and keep, then start learning how to do so on your own
To Understand Who's Truly Controlling You Follow the Trail of Censorship (or Self-Censorship)
Do not let media steal and steer the narrative; CoCs are not about "social justice", they're about corporate domination
Fedora Already Lost Its Soul Under IBM
Fedora used to be very strict compared to many other distros and it had attracted very bright volunteers
Microsoft is Still Attacking GNU/Linux and the Net
Microsoft bribed the government using money that did not even exist
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 17, 2025
IRC logs for Thursday, April 17, 2025
Gemini Links 18/04/2025: Pinephone Pro and Linux is too Easy
Links for the day