Bonum Certa Men Certa

USPTO Doubled the Number of Granted Patents in Just a Few Years, Demonstrating Very Sharp Decline in Patent Quality

The higher one goes, the lesser/lower the quality

Graph



Summary: Numerical evidence of the great decline in US patents quality, which in recent years gave way to a lot more patent litigation, patent trolls (that exploit software patents), complaints about the patent system, and invalidations inside US courts

BOTH the EPO and the USPTO pretend that more patents would be better. It's a dangerous, popular but nevertheless wrong assumption. IP Watch wrote yesterday that:



The number of patent applications filed worldwide continues to increase, up by 4.6 percent in 2014 for a total of nearly 2.7 million, according to the 2015 edition of the World Intellectual Property Indicators. The increasing number of patents filed worldwide demonstrates the strength of ongoing innovation and the value companies put on protecting their intellectual property where they wish to do business. The filing numbers would likely be even higher, and across more countries, if the filers were more prepared for the costs associated with filing patents.


An article by Dennis Crouch says that "the Federal Circuit has ruled that the IPR procedure allowing the same PTAB panel to both institute an IPR and issue the final decision cancelling the claims. in the process, the divided court rejected both a constitutional and statutory challenge." Another new piece from Crouch says: "As expected, the USPTO issued just under 300,000 utility patents in calendar year 2015. The new number represents a drop from 2014 – the first drop since President Obama took office and appointed David Kappos as USPTO Director. Barring a new radical transformation of the Office, I expect that the grant numbers will hover around this mark for the next several years."

"IBM has a history of patent aggression and it promotes software patents in Europe and in New Zealand, not just in the US."Under David Kappos, the Office has been pressuring examiners to just approve faster, leading to the unbelievable situation where 92% of applications are ultimately approved. What's even the point of examination with such high acceptance rates? Innovation didn't accelerate, but the number of patents nearly doubled, which means that the quality of patents went down considerably (unless one has another explanation; the economic downturn definitely wasn't it).

"IBM tops US patent list for 23rd year," WIPR wrote yesterday, noting that "IBM has topped the list of recipients of US patents in 2015, beating Samsung and Canon to the top spot, but there has been a slight decline in the overall number of patents granted since 2014."

IBM has a history of patent aggression and it promotes software patents in Europe and in New Zealand, not just in the US.

Here is what Reuters wrote about it: "International Business Machines Corp (IBM.N) was granted the most U.S. patents for the 23rd year in a row in 2015, according to a ranking by patent analysis firm IFI Claims Patents Services.

"There were 298,407 utility patents granted in 2015, down slightly from 2014, IFI Claims said on Wednesday. IBM gained 7,355 patents last year. Utility patents cover function rather than design."

Who on Earth can conceivably keep track of this many patents. The whole purpose of this system is lost due to overload. It's good for patent lawyers (and their richest clients), bad for everybody else.

Over at TechDirt there's a summary of some of these issues, based on a writeup from Masnick. "Qualcomm Says It's Fighting For The Little Guy, While Really Blocking Patent Reform That Would Help The Little Guy" is the headline. To quote a part which covers trolls and Alice: "Three out of the five panelists -- Kate Doerksen, Lee Cheng and Brian Mennell -- represented victims of patent trolls. Kate and Brian both have experienced the perils of being a small startup and getting hit with patent lawsuits that have the potential to destroy their businesses. You can read Kate's story here, in which she's being sued by a large company trying to keep her startup from competing altogether. It's even reached the point where Kate agreed to something of a deal with the devil: Erich Spangenberg. As we've discussed, Spangenberg, who was one of the most aggressive patent trolls, recently shifted his business into being a sort of reverse patent troll, where he makes deals with small companies like Kate's, taking an ownership stake in the company in exchange for "helping" the company deal with patent trolls, usually by seeking post-grant review to invalidate the patents being asserted against the startups.

"Mennell has the classic patent troll story of running a startup and getting hit by a patent troll that undermines the ability of the company to stay in business (and also notes that the Supreme Court's Alice decision made him lose a business method patent, though he doesn't seem to see that as problematic)."

In this current landscape of patents/patenting it is only good to be a massive corporation such as IBM, a patent troll, or a patent lawyer. Finjan, which has become a bit like a patent troll, isn't doing too badly.

If examiners are led to believe that more patents mean more "success", then they probably need to reassess their views. More patents typically mean lower barrier to acceptance or, in other words, lower quality of patents. ⬆

Recent Techrights' Posts

Making Oneself Obsolete With Slop
Dr. Lemire also puts on display a degree of hypocrisy
EPO Meeting Ran Out of Time to Discuss the Scabs ('Young Professionals')
EPO staff representatives in The Hague meet a member of the 'cocaine cabinet'
Julian Assange Ready to Talk More (After More Than a Decade of Arbitrary, Unjust Confinement)
Two years ago, upon his release, his wife said he'd need some time off before properly or fully returning to the public eye
A Microsoft Lunduke OS (LCOS) is Not Even in Top 100 in DisroWatch, Microsoft Lunduke Just Games the Numbers Like Linspire Did (and Got 'Banned' for It)
Linspire used to send people to 'its' DisroWatch page to make the illusion of popularity
 
The Former Linux News Site ostechnix.com is LLM Slop
Please do not link to sites that promote and/or spread slop
Links 26/09/2026: Volkswagen Recalling ~50,000 Cars, US Attacks Its Own Media
Links for the day
Brigading Against Women - Part III - Racism Looms Large, Not Just Sexism
threats from a racist
Microsoft CEO Calls Layoffs "Streamlining" and Says Microsoft Layoffs Are "Great to See"
The lack of honesty here is only to be expected from Microsoft
Media silence deafening as Reform UK on brink of administration
Reprinted with permission from Daniel Pocock
Gemini Links 26/09/2026: Travel, Group Insurance Death Spiral, Stargazing, and Lagrange Meets LLM Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 25, 2026
IRC logs for Friday, September 25, 2026
Longtime Symbol of Microsoft's XBox Franchise, Halo, Down to Barely 20 People
The purge is huge, far bigger than submissive media cares to point out
The Register MS Promotes Slop for Banned Companies That Put Chinese Back Doors in Things, "AI" Mentioned 37 Times in One Page!
taking money from the undemocratic state and its surveillance outfits
Microsoft Attacked European Courts and Jurists, Now Europe Dumps Microsoft
This is because GNU/Linux is technically better, but the political factors contribute to that as well
IEEE Tribute to Richard Stallman, Michael Tiemann, Linus Torvalds, Larry Augustin, Eric S. Raymond, Bruce Perens, Frank Hecker and Brian Behlendorf (Revolution OS Showing)
Live shortly
Winding Up Racists
What happens next shall be interesting
Links 25/09/2026: Selling Rogue, Defective Bots as "Agents" Results in PR Fiasco and Breaches; Russian 'Hybrid Attack' and "How Russia Evades Sanctions"
Links for the day
Gemini Links 25/09/2026: Arvelie Calendar, 44net, Pebbles, and Building the Bagel Concert Finder
Links for the day
Large Wave of IBM PIPs, the RAs Wave Comes After 'Low-Hanging' Fruit (Families) Disposed of
PIPs are the new RAs
Links 25/09/2026: Carcinogen Atrazine Pollutes Americans' Bodies, "Donald the Deadbeat Does Diesel", and Anger Over Data Centres Grows
Links for the day
Theory That Microsoft Cheapens Its Workforce to Push Workers Out on Their Own (Theory Advanced by Insider)
people work longer hours for less, i.e. their hourly salary is decreasing
Daniel Pocock Makes It Into Mainstream Media Again (Going After Racists)
American bigots funding blatant and shameless racists here in the UK
Tackling Racism in the United Kingdom (Racism Funded by Americans) Using the Courts
We'll talk about racism my wife and I experienced in the events leading up to litigation
Another Woman (or Women) Has Just Run Away From Brett Wilson LLP (After Barely a Month!), the Hired Guns of Garrett and Graveley (Microsoft)
They call this phenomenon "death spiral"
SLAPP Censorship - Part 200 Out of 200: Will GNU Boot Undo the Technical Damage Caused by Microsoft and Garrett? (And Garrett's Litigation Allies From Microsoft)
Today we publish the final part of this series
US Government Sites Can Now Totally Ignore Mozilla Firefox Users or Users of Firefox Derivatives
Firefox, now at 1.1% in the US (based on American government sites), has sunken to the point of no return
Things Not to Measure in Quantity Alone
More patents do not beget greater innovation
Even Microsoft Boosters Start to Doubt XBox Will Exist (It's Being Phased Out, Just Not "Officially")
This is how to phase out a business unit without officially saying so (as it might alarm investors)
Omarchy is Built on the Idea That Slop is Desirable (It's Not)
They call bots and plagiarism "agents" and "training"
IBM is Shrinking Very Fast (Silent, Unannounced Layoffs)
IBM and Microsoft both avoid WARN notices by compelling staff to leave or silently removing them with some NDA
In Some Parts of Microsoft 50% of All Staff Subjected to Layoffs, Media Pretends Only 0.1% of Staff Are Removed
This really says a lot about the state of today's so-called 'media'
SLAPP Censorship - Part 199 Out of 200: An American Burden on the British Legal System
A year ago (October 2025) the head of media (Jointly in Charge of the Media and Communications List), the judge in the Garrett case, said that this case was a waste of the court's money
EPO Management Wants Everything to be Done in Microsoft Spyware
In reality, this management should be ousted for normalising cocaine at the Office
Criminalising Opposition to Fraud
slop causes social issues
The Register MS Does Not Properly Flag Its SPAM About Slop
Signs of desperation
Gemini Links 25/09/2026: Ljubljana, Tanana River, and Curse of Slack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 24, 2026
IRC logs for Thursday, September 24, 2026
Supporters of winding-up process staking claims against Reform UK Party (CR-2026-007405)
Reprinted with permission from Daniel Pocock
Winding-up petition leaked before service on Reform UK Party Limited / Nigel Farage
Reprinted with permission from Daniel Pocock
Gemini Links 24/09/2026: Laziness, Outdoor Seating, "AngelNova’s Interview Malware and Its North Korea Connection"
Links for the day
Links 24/09/2026: Slop "Linked to Disturbing Culture of Sexual Assault"; "Zelensky Warns Russia’s War Will Expand if It Is Not Ended Soon"
Links for the day
Winding-up petition served on Reform UK Party Limited (Nigel Farage)
Reprinted with permission from Daniel Pocock
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026