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THE concerns expressed by large law firms about EPO scandals aren't out of date; they're still applicable because António Campinos hasn't changed anything at all; what about the USPTO, whose patents (that it grants) are often found to be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

SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
 
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt