Bonum Certa Men Certa

Patent Invalidation Statistics and Cost of Patent Litigation (Even If Bogus) Show That Patent Scope and Examination Standards a Problem in Europe, Not Just the US

The huge cost (even to innocent parties) of patent maximalism motivated by self-importance and greed

Pig's bank



Summary: Far too many bogus patents (patents that should not be granted in the first place) and spurious patent lawsuits that end up in favour of the defendant serve to show the external cost (or externality) when it comes to low-quality patent systems that strive to grant a lot of patents irrespective of merit

LAST year we wrote quite a lot about software patents in Europe, including in Germany's courts, where Apple had been trying to block Android/Linux (Germany is strategic for many such lawsuits). Well, according to this interesting new piece from IP Kat, "German Federal Patent Court (partially) invalidates 80% of litigated patents" and here are the numbers for software patents: "For software and telecommunications patents, the invalidation rate is even higher at 88% (58% totally invalid, 30% partially invalid, 12% maintained). Patentees fare slightly, but only slightly, better on appeal, as the win rate for appeals against decisions invalidating a patent is higher (60%) than the win rate for appeals against decisions maintaining a patent (40%)."

"It's a very big deal when patents are ruled invalid in courts because it means that patent offices simply failed to do their job properly and as a result many companies may have to spend a lot of money that they'll never redeem (even when acquitted)."Many people read this piece within hours and many comments there alluded to the EPO. People have strong feelings about this. It's a very big deal when patents are ruled invalid in courts because it means that patent offices simply failed to do their job properly and as a result many companies may have to spend a lot of money that they'll never redeem (even when acquitted). This is a serious injustice. It also serves to show the real cost of patent offices that associate the number of patents with "innovation" (and thus embark on a patents gold rush).

As revealed by a patent maximalists' blog the other day, patents are now being found invalid in the courts only upon appeal (i.e. even more legal charges) because examiners granted too easily (or pressured to grant by management, if the example of the EPO's Grant Philpott was to be generalised). The same blog also spoke about patent trolls with software patents. We wrote a great deal about NewEgg's defense from such trolls in recent years (NewEgg deserves kudos for its policy on this matter). To quote the blog: "In the appeal, the Federal Circuit noted that – this time, NewEgg was the one with an unreasonable position — demanding a “de novo review of the district court’s findings” despite recent Supreme Court precedent to the contrary. However, the Federal Circuit followed its usual practice of requiring each party to bear its own costs of the appeal."

"The patent offices need to come under an examination."So once again it's an appeal and no legal fees will be reimbursed. The cost of fraudulent patent lawsuits (invalid patents) is passed to the defendant, which even if proven innocent still loses (a lot of money). What kind of justice is this? The UPC can potentially bring a lot more of this to Europe and given the statistics above (from Germany) we shouldn't have to tolerate it. The patent offices need to come under an examination. Currently they just don't have any effective form of oversight; quality is hardly imposed from the outside, except perhaps the Supreme Court, the EPC (old), and so on. Why are so many bogus patents granted in the first place? Some of the evidence we had showed for that the EPO threatens to sue us over, some remains in tact.

Consider this new analysis from a patent lawyers' site. It is titled "Monsanto Patent On Virus-Resistant Melon Revoked" and it says: "The patent application was filed with the EPO on 21 December 2006 and the grant of the patent became effective on 4 May 2011. The patent has since been opposed by, inter alia, numerous NGOs."

Do NGOs and persistent political pressure need to act as oversight for greedy offices where there's insatiable aspiration to increase the number of patents, even if by unethically broadening patent scope (e.g. to forms of life)?

Recent Techrights' Posts

When the Microsoft Aggressors Rely on Several Law Firms ('Attack Dogs', 'Guns for Hire'), Not Just One, Lawyering Up Against Techrights (Acting on Behalf of Americans Against UK Publishers)
From serving customers at some restaurant he has moved on to bullying people with demand letters
Polygamy, from Catholic Synod on Synodality to Social Control Media & Debian CyberPolygamy
Reprinted with permission from Daniel Pocock
Only a Third of or 1 in 3 Web-Connected Devices is a Desktop or Laptop, According to statCounter
we can expect Android to widen its lead
 
statCounter Estimates Only 1 in 300 Iranians Would Use Microsoft for Search
Iranians don't quite trust Microsoft
Gemini Links 24/06/2025: ftpd on FreeBSD and Online Small Web Magazine
Links for the day
Google News Does Great Harm by Promoting Slopfarms as Legitimate News Sites
Slopfarms are sites which are 100% LLM slop
Links 24/06/2025: Trouble at "Open" "AI" and ‘Siarhei is Free’
Links for the day
Gemini Links 24/06/2025: Stimulants and Subscription Costs for DRM
Links for the day
Links 24/06/2025: OpenAI [sic] May Soon Die (Too Much Debt) and Social Control Media Accused of Being Misinformation/Disinformation/Propaganda Amplifier
Links for the day
Nirbheek Chauhan in Planet GNOME Explains Why Wayland Pushers Are Losing
"A strange game. The only winning move is not to play."
The Days Are Getting Shorter, the First Half of 2025 is Almost Over
We're gratified to see significant increase in traffic and also positive feedback on the work we do
Turning GNU/Linux Into a Political Football
X (not the site) is Free software
X Server Still Works for Many People
A lot of people will grow suspicious of Wayland boosters/pushers if they persist and insist on using these tactics
Exactly a Week Ago "BetaNews Staff" Said "Betanews Is Growing Alongside You". Since Then Every Article (All by "Camila Nogueira") Has Been LLM Slop.
BetaNews is basically a slopfarm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 23, 2025
IRC logs for Monday, June 23, 2025
The "Tarzan Effect" in Compilers and Software
What happens when you forcibly make things 'work', either by hacks or by disregarding warnings (like those that compilers tend to issue)?
Gemini Links 23/06/2025: Mass Tourism, Hair Love, and Google Gemini as a Googlebomb
Links for the day
Law Firm Burgess Mee Does Not Fully Deny Participating in Abusive Litigation for Serial Strangler From Microsoft
I am not unfamiliar with these tactics
The Modus Operandi of Wayland Pushers: Make It Political
do what I say or you're a nazi...
Links 23/06/2025: RFE/RL Contributor Vladyslav Yesypenko Released, Recording Industry Cutbacks
Links for the day
Brett Wilson LLP Solicitors (M): Over 99.9% of Our E-mail is Self-Marketing, We Send You 3.5MB E-mails for Less Than 1KB of Text
Why would tech people entrust legal matters to such people?
Peter Moon's (Computerworld) Interview With Richard Stallman
Stallman: If you want freedom don't follow Linus Torvalds
At What Point Does Outsourcing Constitute Malpractice?
Brett Wilson LLP's new staff page is misleading
United Arab Emirates (UAE) Sailing to GNU/Linux, According to statCounter
countries in that region will quickly learn the price of neglecting digital sovereignty
From Do Your Own Research to Do Your Own Search
The Web is full of garbage; search engines amplify this garbage
More People Moving to Geminispace?
at age 6+ Gemini Protocol seems to have gained some maturity and it seems like more people use it
Permutation in LLMs Does, Inevitably, Change Meanings and Therefore LLMs Cannot Properly Rephrase or Summarise Texts
LLMs lack actual grasp or comprehension of what they spew out
Links 23/06/2025: Many Security Breaches, Population Declines
Links for the day
Gemini Links 23/06/2025: "America at the Crossroads" and OpenWRT Surgery
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 22, 2025
IRC logs for Sunday, June 22, 2025
Pure Dove
Different means different, and sometimes those who "deviate" from "the norm" have a point
Censorship is a Sign of Weakness Which Invites More Censorship Attempts
revolutionaries don't succumb to pressure from bullies
Why It's Unlikely That LLM Slop Will Dominate the Web in the Long Run
Slopfarms will eventually perish (they have no actual value) and "survivors" on the Web will be sites that never depended on search engines and social control media
GNU/Linux in Argentina Now Measured Near 5%
Like in central Europe, they must be seeing an increasingly hostile US
BetaNews is Fake News, Composed by LLM Slop
nothing in BetaNews is written by humans anymore
Links 22/06/2025: Giving Up on Smartphones and 'Jaws' at 50
Links for the day
Gemini Links 22/06/2025: Furniture Construction and Bubble for Comments
Links for the day
Links 22/06/2025: Windows TCO Tales and YouTube Getting More Hostile to Users
Links for the day
The FSF Board and FSF Beard
So the FSF's Board has grown
Law Firms Facing the Consequences for Patently Abusive Litigation on Behalf of Microsoft Employees Who Got Arrested for Strangulation and Had Done Even Worse Things
Having spent 1.5 years bullying me with patronising letters on behalf of Microsofters, last week they got served a massive bill and, in effect, lost the Hearing
New Report From the EPO's Staff Representatives in The Hague (LSCTH) Reveals Many Unsolved Issues
Local Staff Committee The Hague (LSCTH) wrote to staff just before the weekend
LLMs Breaking Everything
Computing and the Net became a playground for scammers and "bros", like people who "invented" fake currencies and also try to tell us that LLMs spewing out things will have some real value
Links 22/06/2025: More Slop Lawsuits (Copyrights) and "America’s Oligarch Problem"
Links for the day
Gemini Links 22/06/2025: Gigantic Toolchest and Annoying Bots
Links for the day