Bonum Certa Men Certa

Cost of Patent Trolls Studied as Acceptance of USPTO Falls, Developers Complain Even in Press Releases

Bessen



Summary: More academic insight and more anecdotal evidence of the backlash against the existing patent laws and practices

The silly, meaningless measures that we see of innovation as function of patents continue to come from press outlets like the The New York Times, which in turn cites a "report by Thomson Reuters, published on Tuesday [and] tries to draw a more accurate link between corporate patent filings and real innovation. It does so by measuring not only the number of patents a company files, but also the influence, global reach and success of its patents."



Innovation should not be quantified in these terms. Profit and patents are something better used as indicators of monopoly power, which is what patents are all about at the end of the day. To measure innovation properly, other yardsticks are definitely needed. Watch how Doom 3 source code fails to arrive due to patents. It was in the news yesterday and it's a fine example of where patents do a lot of harm when geometric knowledge can be shared. There is a better -- and for a change academic -- work that helps shed light on the effects of patents. It was covered by CNN yet again (as before) and this time it focused on patent trolls. Bessen and his wonderful group published another paper which got the attention of those who keep abreast of the patents debate. Here is the original (Boston University) where the abstract states: "In the past, non-practicing entities (NPEs) — firms that license patents without producing goods — have facilitated technology markets and increased rents for small inventors. Is this also true for today’s NPEs? Or are they “patent trolls” who opportunistically litigate over software patents with unpredictable boundaries? Using stock market event studies around patent lawsuit filings, we find that NPE lawsuits are associated with half a trillion dollars of lost wealth to defendants from 1990 through 2010, mostly from technology companies. Moreover, very little of this loss represents a transfer to small inventors. Instead, it implies reduced innovation incentives."

IDG covered this too. Notice the opening paragraphs:

For those of us who follow the tech industry closely, patents are a touchy subject lately thanks to all the litigation going on over software patents.

This is particularly true in the mobile arena, where companies including Apple and Microsoft have been especially enthusiastic in their use of patents as leverage over their competitors.


They do this because they are losing to Android/Linux.

Here is another IDG article, this one bearing the headline "Patent Trolls Cost Businesses $80 Billion Per Year, Study Finds". To quote: "“Non-practicing entities” (NPEs) is the polite name given to patent trolls by Boston University School of Law researchers James Bessen, Jennifer Ford, and Michael Meurer, whose paper, “The Private and Social Costs of Patent Trolls” (PDF), will soon be published in the journal Regulation.

"Whereas such firms once helped enable technology markets and boost the profits small inventors could earn from their inventions, that's no longer the case, the authors argue. Rather, today's NPEs assert patents “on an unprecedented scale,” they write, involving thousands of defendants every year in hundreds of lawsuits.

"The researchers studied the effect of patent lawsuits on defendants' wealth by examining the stock price of those companies around the time the lawsuits in question were filed. After factoring out market trends and random factors, they found that between 1990 and 2010, NPE lawsuits are associated with half a trillion dollars in lost wealth to defendants."

Here is an example of a legal case that has been concluded after no less than 2 years (i.e. very expensive process):

A Portland, Ore.-based company that sued two multiple listing service software vendors for patent infringement has lost a two-year court battle, with a U.S. District Court Judge dismissing its claim against one of the vendors and invalidating the patent in question.


As the president of the FFII puts it in relation to another case:

ProSoftnet, creator of IBackup.com and IDrive.com, is now defending itself against patent trolls


There is actually a press release about it, which is a testament to the sad state this whole system is in. To quote:

Cloud Storage Pioneer Pro Softnet Faces Most Disruptive Patent Attack to Date



Pro Softnet, an independently owned and operated online backup and cloud storage company that provides service to over 800,000 subscribers through its popular IBackup and IDrive products, is now in the midst of defending itself against the largest patent attack it has yet faced brought on by a non-practicing entity, or NPE. With several new and exciting services in the cloud sharing space scheduled for release in the first quarter of 2012 - the pending lawsuit has the potential to interrupt growth for this pioneering company.


WIPO propaganda is trying to justify its existence, quite frankly as usual, while many genuine companies with real products (and no patent lawyers) are suffering. This leaves development and innovation crashing down and deterring participation. More and more people are starting to really get it. The patent system is on shaky grounds. It does not serve innovators. ⬆

Comments

Recent Techrights' Posts

The Tower of Babel
More is not better
When Large American "Tech" Companies Can No Longer Complete Payroll
In spite of several very large waves of Dell layoffs, which the media reported on, it seems like they are still experienceng payroll problems, maybe that's why money is being borrowed
Writing for Good
The Web has an abundance of junk
Intercontinental Brigading - Part XXVIII - Microsoft Doesn't Want People to Speak About Microsoft-Controlled Restricted ('Secure') Boot, a Silent Injustice and Back Door/Kill Switch
Can we please stop treating this as normal or acceptable?
 
Links 02/11/2026: Bracing for US Election and New Zealand Has November 7 Election
Links for the day
Gemini Links 02/11/2026: Beginning With Gemini Protocol, Looking for CoCs, and Slop for Local Data
Links for the day
NDA-Compatible PIPs and RAs at IBM Red Hat
We welcome Red Hat whistleblowers who can share with us the NDA/s passed their way
GNU/Linux Rises in African's Largest Population
15% in Nigeria [...] A country with over 200 million people
The Register MS Has Just Published a Fake Article With "AI" 28 Times in the Page (Communist Party of China Entity Paid for That)
In IRC, someone has just pointed out that an article at The Register MS repeats Microsoft's lies about its financial situation
Windows Down to All-Time Low, Says statCounter, While Microsoft Tells 60,000 Workers They're No Longer Necessary
Microsoft must be feeling "salty" right now
A British Uphill Battle to Eliminate Microsoft and Its American Back Doors
There are places of work and homes where GNU/Linux is installed and regularly used, not as a mere hobby but as a hyper-productive, practical tool
Technical Coverage of US Elections
When elections are done by computers and decided by computers it becomes a tech issue
By Killing the "Linux News Section" in Softpedia (the Most Popular Section, Based on Its Editor) Softpedia Killed Itself
Enjoy Ballmer
Linkspam in "It's FOSS" Today (and It's Not Even FOSS)
free-to-access ad for some dodgy companies and the URLs are 'tampered' for cashback
Links 02/11/2026: Slop Destroying Mathematics and "Democracy is Not on the Ballot" (in US)
Links for the day
Celebrating Photography, Celebrating Life, Celebrating Magnificent Humanity, Not Plagiarism Disservices
Any time we adopt or spread slop imagery we are participating in the problem
Year-Long Celebration Starts on Saturday
This coming Saturday we turn 20
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026