Bonum Certa Men Certa

Almost Everything That the Government Accountability Office Says is Applicable to the EPO

Without patent quality, convergence is reached near registration/filing rather than proper examination (but with a hefty price tag)

On quality
I left my bank when it bragged about giving a mortgage to nine out of ten applicants



Summary: The Government Accountability Office in the United States produces reports which can serve as a timely warning sign to the European Patent Office, where patent quality is rapidly declining in order to meet 'production' goals

THE USPTO has been scrutinised here for a number of years primarily because of patent quality (or lack thereof). Few people can honestly say that it's hard to get granted a patent at the USPTO (there are like 10 million of them and one single company like IBM can gain 7,355 patents in just one year). Recent figures suggest that eventually 92% of applications are "successful", so what kind of quality control is that? Engineers at Sun once joked about how silly an application can be accepted and even competed over this as applicants (to see who gets the stupidest patent claims through the examiners). A lot of granted patents are simply dubious, but small companies would not be able to afford challenging them in court (or it would be a lot more expensive than simply settling).



"When the Government Accountability Office (GAO) asks for improvement in patent quality it also alludes to patent scope and software patents explicitly."Matt Levy, who habitually complains about patent trolls and even about software patents (in his more recent articles), has just mentioned the US Government Accountability Office's rant about US patent quality (which we first wrote about last week). He says [1, 2] that "[e]ven if you’re not a patent lawyer, you’ve probably noticed that patents have been in the news more. The growing problem of patent trolls, companies who make their money by suing other companies for patent infringement, has been the primary reason. Patent trolls now account for nearly two-thirds of all patent infringement lawsuits, draining billions of dollars away from productive companies."

According to this article (behind paywall) a "US High Court Restores Treble Damages For Patent Infringement," which means that things are not necessarily improving.

When the Government Accountability Office (GAO) asks for improvement in patent quality it also alludes to patent scope and software patents explicitly. Benjamin Henrion said that "improving quality does not mean much for the average programmer, just more spam." Well, in practice, raising the bar may mean that few software patents would be authorised at all (both at the courts and the patent office). That's definitely a step forward. IBM's Manny Schecter, a longtime proponent of software patents, was yammering that: "Backlog easy to measure, quality not, but..."

Backlog depends on the number of examiners or the lenience of examination. There are some correlations there and under David Kappos, who had joined from IBM, the USPTO tackled backlog by just granting lots of things faster (basically the same error Battistelli and his goons make at the EPO).

Here is a good article about the GAO report. It says: "The Patent and Trademark Office, at a time of rising lawsuits charging patent infringements, needs to improve quality and better monitor examiners’ work, a watchdog found.

"This is not a sign of innovation. Quite the contrary.""In a pair of reports and staff survey released on Wednesday, the Government Accountability Office said that patent examiners report being pressed for time as they process patent applications without a consistent and clear definition of quality.

"“District court filings of new patent infringement lawsuits increased from about 2,000 in 2007 to more than 5,000 in 2015, while the number of defendants named in these lawsuits increased from 5,000 to 8,000 over the same period,” GAO wrote in one report addressing quality in intellectual property protections."

This is not a sign of innovation. Quite the contrary. A patent trolls expert (he conducted academic studies on the subject), Professor James Bessen, said: "The GAO finds Patent Office issues 1000s of "unclear & overly broad" patents, causing excessive litigation" ("Stop issuing Software Patents & there wouldn't be a backlog" was one response to this).

"Most disputes concern new computer technology and software," according to another new article about the GAO study/reports. Just like in the EPO, the US office is "focusing too much on the timeliness of reviews, customer service and “process or production goals” rather than quality."

It's added that "[e]xaminers are rated largely on their production, auditors said, and they are given different times" and "GAO recommended that the agency define what is a good patent, update its performance goals for reviewers" (the same should be done at the EPO).

Recent Techrights' Posts

Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
GAFAM is Connected to Misogyny, Almost All Founders Divorced
They're not good people, even if they pay the media to pretend otherwise
SLAPP Censorship - Part 83 Out of 200: Religion is Still Alive, But for Many This Religion is Monetary (Greed, Monopolies, Corporate Power)
If all you keep boasting about is being able to afford a hotel room and some domestic flight, then maybe you have no real accomplishments and are more like a "Facebook serf" with a credit card
 
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Oracle Seems to Have Popularised Overnight Layoffs, Now GAFAM Does the Same
layoff emails at 4 a.m. local time
A Lot of Fake News About Microsoft's LinkedIn Today, Some Comes From Slopfarms, Some Relies on Those Slopfarms
As usual, slopfarms make the Web a huge pile of garbage
IBM's Kyndryl is Circling Down the Drain, Say Kyndryl Insiders
"IBM Dinosaurs who were recycled and catapulted into the orange trash heap by IBM"
A Lot of Coverage Adding Hype Factor to Slop Bug Reports... is Made by LLM Slop
Local Privilege Escalation [...] the slop motivates some actual people to keep writing about it
Links 20/05/2026: Mass Layoffs at NPR (Bought by the Ballmers and Bill Epsteingate), Starbucks Korea CEO Fired Over ‘Tank Day’ Ad
Links for the day
Gemini Links 20/05/2026: Advantage of CD Collections, Geminaut's View of Nostr, and SSL / TLS Certificates
Links for the day
IBM is Becoming a Pile of Expired Patents and Abandoned Buildings, Assets of Little Actual Value
Having laid off a ton of people, borrowed lots of money to fake growth (by acquisition), and sent some jobs to low-paid regions where innovation isn't done
Links 20/05/2026: Looting of Americans for "White Grievance Reparations Fund"; "Mark Zuckerberg Used Shell Companies to Bully Native Hawaiians"
Links for the day
Web Browsers Are for Rendering Web Page, They Shouldn't Become PDF Editors
Linus Torvalds is quickly learning and speaking about this
SLAPP Censorship - Part 82 Out of 200: British Government Intervenes in the SLAPPs by Brett Wilson LLP
At this stage our matters are dealt with by a layer below that of the Prime Minister (adjacent to it)
LinkedIn Communications Reveal That LinkedIn - Like GitHub - Will Vanish Inside the Belly of Microsoft
This is definitely going to happen.
In Wall Street, Financial Difficulties Drive Shares Up
Wall Street doesn't work that way
The Corrupt Lecture the Non-Corrupt - Part XXVIII - European Patent Office (EPO) Guidebook Says Report Crimes Committed on EPO Premises. Some Did, But President Campinos Covers up for the Culprits.
The staff has long been on strike and the union (SUEPO) organised an enhanced day of action just two days ago
Gemini Links 20/05/2026: Fall of an Empire, "High Tech is a Social Exercise", and Big Cameras
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 19, 2026
IRC logs for Tuesday, May 19, 2026
LinkedIn Layoffs at Microsoft: Probably Well More Than 5% of Staff
In short, it's difficult to believe only 5% are impacted
It's Not Just a Widespread Theory, It's Apparently a Verified Fact: Home Appliances Not Made to Last Long
Washing machine repair man asserts that the machines sold a decade ago could maybe last a decade; now they last barely 5 years.
Torvalds Capitulated on Rust and Slop, Now He's Paying the Price
they are pushing Microsoft and slop for grifters and scammers
Whistleblowers Needed: We Are Seeing Many Layoffs in Red Hat (Not Just in China), We Want to Know More
Last week we learned about some people who said they had left Red Hat or are leaving Red Hat
Links 19/05/2026: More Obituaries for Peter G. Neumann, Taiwan Abandoned by Cheeto House for Don's Personal Gain
Links for the day
Links 19/05/2026: Online 'Storage' (Surveillance) Accounts Lower Thresholds (Gmail, Google Drive, and Google Photos), Slop Debacles Expand (False Promises Made to Staff Regarding Compensation)
Links for the day
SLAPP Censorship - Part 81 Out of 200: SLAPP Censorship Does Not Work If Your Sole Strategy is Revenge (and You Attack the Family)
Both yours and others'
Techrights at 20 (Soon)
It does not seek popularity or affirmation from "Establishment" outlets
We Pay More for Less, for Things That Last Less Time and Are Almost Impossible to Repair
Ever noticed how "modern" or "smart" TVs come with dumber and dumber (worse) controllers?
Vista 11 Turns 5 in a Couple of Months. Not Many People Use It.
It is the only supported version of Windows; many people move elsewhere
Head of GitHub Recently Left, Microsoft Need No Longer Report Mass Layoffs There (User Activity is Declining)
We've long said that LinkedIn and GitHub, which Microsoft bought, would likely end up like Skype
The Slop Bubble is Already Bursting
Slop is not desirable and the general public is growingly impatient, seeing that slop has improved nothing for them
Gemini Links 19/05/2026: Reliable Old Tech, Collection of Essays
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXVII - European Patent Office (EPO) Became a "Toxic Work Environment" When Cocaine Addicts Put in Charge
They are putting at risk colleagues by abusing them
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 18, 2026
IRC logs for Monday, May 18, 2026