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

Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
 
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"