Bonum Certa Men Certa

More Patents Don't Mean More Innovation, Just More Money for Patent Lawyers and Patent Offices

USPTO patent quality has become farcical since David Kappos (IBM) became its Director

Patents Granted
Credit: Patently-O (but annotated)



Summary: A look at the expansion of patent scope (and permissiveness) in the United States and what can really be deduced from that

A patents exploitation firm, Mintz Levin Cohn Ferris Glovsky and Popeo PC, has just written about "Utility Patent Applications" -- a subject we touched here some days ago because of figures released by Patently-O.



"There is not much more innovation in this domain, but a lot more patents each year (see the chart above), so one might rightly suspect there's a bubble in the making.""In almost every U.S. patent suit," said the law firm, "the patentee’s counsel considers how the case could have been facilitated had the patent at issue been drafted and prosecuted differently. These considerations demonstrate that patents should be drafted and prosecuted with an eye toward the possibility of litigation. There have been several landmark decisions in patent cases that directly impact patent prosecution. This article analyzes some of those decisions in chronological order to provide suggestions for a patent prosecutor in drafting or prosecuting a patent application."

Patently-O, in the mean time, continues to write about such patents and says: "The below graph shows the number of UPR patent applications filed over the past several fiscal years (which run from October 1 to September 30), along with a simple projection of the applications for FY 2016. The vast majority of these are utility patent applications."

There is not much more innovation in this domain, but a lot more patents each year (see the chart above), so one might rightly suspect there's a bubble in the making. What good is a patent system like the USPTO if there's little or virtually no quality control? This lack of quality is why many firms ended up seeing their software patents devalued after the decision on Alice, which correctly asserted that many software patents are abstract and should thus be deemed invalid. The same could be said about the financial crisis caused by lack of quality control or slack/lenient criteria (no rigidness) when it comes to mortgages.

"Remember that the original purpose of the patent system was to provide an incentive for publication in exchange for a temporary monopoly."Consider this new comment from Nicola Searle who said “my brain started screaming when I saw “patents as a proxy for innovation.””

It sure angered the crowd of patent lawyers, who wish to believe that the more patents get filed (or more lawsuits), the better off and more innovative society will become.

Remember that the original purpose of the patent system was to provide an incentive for publication in exchange for a temporary monopoly. In light of that long-forgotten premise consider this new post from Patently-O that says: "So far in 2016, the USPTO has issued three patents that claim priority pre-GATT. These three are grandfathered in under the old 17-year-from-issuance patent term because they were filed before June 8, 1995."

"It sure angered the crowd of patent lawyers, who wish to believe that the more patents get filed (or more lawsuits), the better off and more innovative society will become."To give one example, see one patent which was "filed in 1973 but was held under a secrecy order until 2010."

Well, patents were about PUBLICATION originally. If they're not even being published for so many years, how is one supposed to think of the USPTO as seeking to maximise innovation (as opposed to maximising the number of granted patents)?

China, like the US (SIPO like USPTO), has lowered patent quality and now it’s another Texas with a litigation mess, based on those who love patent lawsuits (IAM 'magazine'). One can only hope that Battistelli won't get his way at the EPO and cause similar damage inside Europe, e.g. with the UPC. More on that in our next post...

Recent Techrights' Posts

Real Life Should be Offline, Not Online, and It Requires Free Software
Resistance means having the guts to say "no!", even in the face of great societal burden and peer pressure
 
Links 27/09/2023: 3G Phase-Out, Monopolies, and Exit of Rupert Murdoch
Links for the day
IBM Took a Man’s Voice, Pitting Him Against His Own Work, While Companies Profit from Low-Effort Garbage Generated by Bots and “Self-Service”
Reprinted with permission from Ryan Farmer
Links 26/09/2023: KDE, Programming, and More
Links for the day
Mozilla Promotes the Closed Web and Proprietary Webapps That Are Security and Privacy Hazards
This is just another reminder that the people who run Mozilla don't know the history of Firefox, don't understand the Web, and are beholden to "GAFAM", not to Firefox users
Debian More Like an Exploitative Sweatshop Than a Family
Wiltshire is riding a high horse in the UK, talking down to Indians who are "low-level" volunteers in his kingdom of authoritarians, guarded by an army of British lawyers who bully bloggers
Small Computers in Large Numbers: A Pipeline of Open Hardware
They guard and prioritise their "premiums", causing severe price hikes due to supply/demand disparities.
Microsoft Deserves a Medal for Being Worst at Security (the Media Deserves a Medal for Cover-up)
There are still corruptible/bribed publishers that quote Microsoft staff like they're security gurus
10 Reasons to Permanently Export or Liberate Your Site From WordPress, Drupal, and Other Bloatware
There are certainly more more advantages, but 10 should suffice for now
About 200,000 Objects in Techrights Web Site
This hopefully helps demonstrate just how colossal the migration actually is
Good Teachers Would Tell Kids to Quit Social Control Media Rather Than Participate in It (Teaching Means Education, Not Misinformation)
Insist that classrooms offer education to children rather than offer children to corporations
Twitter: From Walled Gardens to Paywalls and/or Amplifiers of Fascism
There's moreover a push to promote politicians who are as scummy as Twitter's owner
The World Wide Web is Being Confiscated From Us (Like Syndication Was Withdrawn About a Decade Ago) and We Need to Fight Back
We're worse off when fewer people promote RSS feeds and instead outsource to social control media (censorship, surveillance, manipulation)
Next Up: Restoring IRC Log Pipelines, Bulletins/Full Text RSS, Wiki (Archived, Static), and Pipelines for Daily Links
There are still many tasks left ahead of us, but we've progressed a lot
An Era of Rotting Technology, Migration Crises, and Cliffhanging
We've covered examples from IBM, resembling the Microsoft world
First Iteration of Techrights as 100% Static Pages Web Site
We want to champion another decade or two of positive impact and opinionated analysis
Links 25/09/2023: Patent News and Coding
some remaining links for today
Steam Deck is Mostly Good in the Sense That It Weakens Microsoft's Dominance (Windows)
The Steam Deck is mostly a DRM appliance
SUSE is Just Another Black Cat Working for Proprietary Giants/Monopolies
SUSE's relationship with firms such as these generally means that SUSE works for authority, not for community, and when it comes to cryptography it just follows guidelines from the US government
IBM is Selling Complexity, Not GNU/Linux
It's not about the clients, it's about money
Birthday of Techrights in 6 Weeks (Tux Machines and Techrights Reach Combined Age of 40 in 2025)
We've already begun the migration to static
Linux Foundation: We Came, We Saw, We Plundered
Linux Foundation staff uses neither Linux nor Open Source. They're essentially using, exploiting, piggybacking goodwill gestures (altruism of volunteers) while paying themselves 6-figure salaries.
Security Isn't the Goal of Today's Software and Hardware Products
Any newly-added layer represents more attack surface
Linux Too Big to Be Properly Maintained When There's an Incentive to Sell More and More Things (Complexity and Narrow Support Window)
They want your money, not your peace of mind. That's a problem.
Modern Web Means Proprietary Trash
Mozilla is financially beholden to Google and thus we cannot expect any pushback or for Firefox to "reclaims the Web" a second time around
Godot 4.2 is Approaching, But After What Happened to Unity All Game Developers Should be Careful
We hope Unity will burn in a massive fire and, as for Godot, we hope it'll get rid of Microsoft
GNU/Linux Has Conquered the World, But Users' Freedom Has Not (Impediments Remain in Hardware)
Installing one's system of choice on a device is very hard, sometimes impossible
Another Copyright Lawsuit Against Microsoft (or its Proxy) for Misuse of Large Works by Chatbot
Some people mocked us for saying this day would come; chatbots are a huge disappointment and they're on very shaky legal ground
Privacy is Not a Crime, Reporting Hidden Facts Is Not a Crime Either
the powerful companies/governments/societies get to know everything about everybody, but if anyone out there discovers or shares dark secrets about those powerful companies/governments/societies, that's a "crime"
United Workforce Always Better for the Workers
In the case of technology, it is possible that a lack of collective action is because of relatively high salaries and less physically-demanding jobs
Purge of Software Freedom and Its Voices
Reprinted with permission from Ryan Farmer
GNOME and GTK Taking Freedom Away From Users
Reprinted with permission from Ryan Farmer