Bonum Certa Men Certa

The Importance of the Patent Trial and Appeal Board (PTAB) and High-Quality Patents (Not Software Patents)

The following paper conflates patent strength/quality with patent maximalism (i.e. ease of patenting and suing)

CPIP paper



Summary: Strong patents rather than strong patent enforcement (i.e. ease of legal abuse) help discern the difference between successful economies and self-destructive economies

THE Open Invention Network (OIN), which we covered in the last post, is closely connected to (even overlapping at places) IBM. An entity called RPX, which we wrote about many times before (see Wikipedia article), was set up or propped up with help from IBM to counter Microsoft's patent troll, Intellectual Ventures. "In an interview," said a Microsoft-friendly site 8 years ago, "RPX founders John Amster and Geoffrey Barker said they left Intellectual Ventures on good terms but had philosophical differences with the firm's approach. Neither of the co-CEOs would elaborate on those differences, instead highlighting how RPX plans to make inroads in the murky area of patent acquisition." So one might say that they're poison from the same pool.

According to Managing IP (MIP), "PTAB grants attorneys fees for first time, to RPX". To quote:

The Patent Trial and Appeal Board has awarded attorneys fees for the first time, ruling that Applications in Internet Time violated a protective order in its handling of RPX’s confidential information

Sanctions in Patent Trial and Appeal Board (PTAB) proceedings have been rare. But on July 1 the Board awarded attorneys fees for the first time.


This is a reason for concern because there are many people and companies out there that wish to demolish PTAB by any means possible. PTAB invalidates a lot of software patents these days. "The Patent Trial and Appeal Board has granted a rare motion to amend, in a covered business method review that focused on the construction of the term “meta-rights”," MIP wrote in a later article.

"Battistelli lowered patent quality at the Office (to make bogus claims about so-called 'production'), so the last thing he needs is independent oversight/scrutiny over patent quality."One might choose to think of PTAB as the US equivalent of the appeal boards of the EPO, which Battistelli fights so viciously against. Battistelli lowered patent quality at the Office (to make bogus claims about so-called 'production'), so the last thing he needs is independent oversight/scrutiny over patent quality.

Patent quality control, or "strong patents" as some might call it, helps determine economic strength in some cases. Regarding this very recent article titled "How Strong Patents Make Wealthy Nations" (actually more like patent maximalism, not quality control) Benjamin Henrion just joked. The article is actually academic (unlike the paper, which is self-serving as one might expect from CPIP) and it comes from George Mason University, more specifically the Antonin Scalia Law School. Scalia, as we noted here before, was not too crazy when it comes to patents (unlike in many other areas) and the article quotes Professor Stephen Haber of Stanford University as saying "there is a causal relationship between strong patents and innovation.” The article itself says in the conclusion: "Given the copious evidence showing that strong patents make wealthy nations, the IP critics have their work cut out for them" (see corresponding PDF).

"That is more or less what happens in China and it has created a patent bubble (false evaluation of patents based on their number, not quality)."It would be easy to just grant a patent for every application and never properly assess or reassess triviality, prior art etc. That is more or less what happens in China and it has created a patent bubble (false evaluation of patents based on their number, not quality). In order for the USPTO to redeem its reputation it will need more of PTAB (hiring of more staff to cope with the growing load/demand) and the same goes for the EPO, which must hire more technical judges rather than drive them to exile and leave a lot of vacant positions while raising costs so as to lower demand).

Recent Techrights' Posts

It's Friday Night Again, So Microsoft is Again Shelving (Under Weekend Lull) Nightmare News for XBox Staff
It did the same thing when the chiefs of XBox got canned
Censorship of Information Unflattering to IBM (or GAFAM)
Years ago we gave a platform to a censored Microsoft whistleblower
Silent Layoffs at Microsoft in 2026
Time will tell is there are investigative journalists out there who will quit parroting Microsoft (e.g. false layoff figures) and relying on LLMs controlled by Microsoft to spew out false "facts" for them
SLAPP Censorship - Part 91 Out of 200: Legal Aid in Support of Freedom of the Press and British Women (Attacked by Americans)
bolstered by prominent counsels
Codecs and Software Patents - Part XII - GNU's Web Site Will Soon Have Many Recent Talks by Chief GNUisance Richard Stallman (RMS)
GNU videos being transcoded or converted into AV1
The Fall of Slop (Even Microsoft Admits There's a Problem)
If Microsoft admits that slop is too expensive and is for "entertainment purposes" because it cannot be relied upon, why would anyone other than the pushers and profiteers still insist that slop bears potential?
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 29, 2026
IRC logs for Friday, May 29, 2026
Links 29/05/2026: "Spyware Economy" and Cuba's Energy Crisis
Links for the day
Gemini Links 29/05/2026: Rap Rant and LLMs Criticised
Links for the day
Akira Urushibata on Misleading Numbers From Anthropic's Project Glasswing (False Marketing by FUD Tactics)
Posted yesterday and approved a short while ago
[Video] Richard Stallman's Rapperswil (Switzerland) Talk Online
accessible without proprietary software
Trusting Trust is an Old Issue, Predating Rust and LLM Slop by Over Half a Century
Microsoft Lunduke wants to make a case against Rust and slop (LLMs), but the issues he addresses aren't exactly new or unique
California Should Have Abandoned So-called 'Age‑Verification Laws', Not Make Exemptions (for Now)
This has nothing to do with 1) children 2) safety 3) safety of children
Links 29/05/2026: Cory Doctorow on Why the Internet Feels So Broken, American Pope on Defederation
Links for the day
Techrights Does Not Censor Information About IBM, It Platforms and Retains Suppressed Voices From Inside IBM
They don't like it when people criticise the management [...] panic attacks mentioned
Bob (Robert) Cringely Devoted Three Years of His Life Trying to Profit From LLM Slop and Now He Sounds Off, It's Just Not Working and It Can Crash the Economy Soon
"The labs raising money at valuations with too many zeros are happy"
Techrights After About 60,000 Articles in 20 Years
Sites fail if they don't offer anything new or if they wrongly believe that adopting slop to parrot other sites will give them exposure
Organised Plunder or Robbery: GAFAM and Hardware Companies Rely on Media Bribery to Perpetuate False Narratives and to "Drive Sales" (and Drive Prices Upwards)
The price-fixing seems plausible and, if so, we need to demand action
Linux Foundation Destroys the Identity and History of Linux
Groklaw's PJ was thorn on the side of LF sponsors
The Problem of Microsoft Crimes
Opposing crime isn't "hatred"
Red Hat Will Die Inside a Dying IBM
IBM isn't where Red Hat came to thrive but where it came to die
Very Large Strike at the European Patent Office Today, "Production" Sank a Huge Deal
At this pace, we might be looking at tens of thousands fewer European Patents being granted this year
Gemini Links 29/05/2026: Leadership and Religion, the Board Game (Second Edition)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 28, 2026
IRC logs for Thursday, May 28, 2026
Links 28/05/2026: Pakistan and Afghanistan Are Still Fighting, Iranians Back Online
Links for the day
"LLMs Are Not Much More Than Plagiarism Engines"
the impact of LLMs on communities and software projects
Is Slop Profitable Yet? No.
Everything is a giant minus
Bob (Robert) Cringely Has Just Explained That After 3 Years of Hard Work It Became Apparent LLM Slop is Unfit for Purpose in Courts
Added moments ago to Daily Links
Links 28/05/2026: LibreSSL 4.3.2, "Jeff Bezos Is Afraid Of What Comes Next", Measles Making a Comeback
Links for the day
PCs That Are Made to 'Expire' and 'Secure' Boot Contributing to Planned Obsolescence
People who are responsible for this ought to be held accountable
Evil, Faceless Corporation: Google Steals Money From You If You Don't Purchase an Android Device for MFA
At this point, under the guise of "hey hi" (slop) Google is firing tens of thousands of workers
People Go Back to Basics, Abandon Microsoft's GitHub to Avoid Slop
The media didn't pay any attention to GitHub's de facto chief quitting Microsoft only a few months ago
SLAPP Censorship - Part 90 Out of 200: When Efforts to Silence His Spouse and Also the Wife of a Blogger in Another Continent Only Give More Exposure to Embarrassing Information
The Garrett trial ended in October 2025
IBM - Much Like the European Patent Office (EPO) - Gives the President (Head of Board and CEO) All the Money While Staff Drowns in High Inflation Rates
They're discussing the same sort of thing we often see mentioned in the EPO
"THE REGISTER EXPLAINER" as "Paid-for SPAM" at The Register MS With "AI" 40 Times in the Short Page
What will be left of The Register MS in a few years?
2025: EPO President Campinos Breaks the Cookie Jar, Steals Another Million Euros While His "Brother-in-Law" Does Cocaine at the Office and Staff Prepares Rolling, Indefinite Strikes
any additional month of Campinos in charge of the EPO is a liability not just to the EPO but the EU as well
Gemini Links 28/05/2026: Dumping Microsoft GitHub, Gopher Rabbit Hole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 27, 2026
IRC logs for Wednesday, May 27, 2026