Bonum Certa Men Certa

How Low-Quality USPTO Patents Made the US Fertile Ground for Patent Trolling

And why EPO policies under Battistelli will emulate the worst aspects of the USPTO

HTC deviceSummary: The Government Accountability Office (GAO) explains that decline in patent quality in the US is responsible for a hostile environment which fosters litigation rather than innovation; BlackBerry the latest example of patent assertion firms (trolls) which would make phones 'dumber' (features like a mechanical keyboard removed or never added in the first place)

LAST month we wrote about GAO in relation to the EPO [1, 2], demonstrating that the US patent system has gone out of touch and increasingly disconnected from the raison d'être of patents.



A good but somewhat belated article from TechDirt covers this topic, citing the Government Accountability Office for support:

This shouldn't be a surprise. All the way back in 2004, in Adam Jaffe's and Josh Lerner's excellent book about our dysfunctional patent system, Innovation and Its Discontents, one of the key problems they outlined with the system was the fact that there was strong incentives for patent examiners at the US Patent Office to approve shit patents. That's because they were rewarded for how "productive" they were in terms of how many patent applications they completed processing. Now, you might think that shouldn't encourage approvals -- except that there's no such thing as a true "final rejection" from the patent office (they have something called a final rejection, but it's not -- applicants can just make some changes and try again... forever). So rejecting a patent, inevitably, harms your productivity rates as an examiner. Approving a patent gets it off your plate and is considered "done." Rejecting it means having to spend many more hours on that same patent when the inventor comes back to get another chance.

After Jaffe and Lerner made that criticism clear, it seemed like the Patent Office started to take the issue to heart and they actually started changing some of how examiners were rated. And, for a few years, it seemed like things were heading in the right direction. But then, once David Kappos took over, he noticed that a lot of patent holders were complaining that it took too long to get patents approved. Apparently ignoring all of the evidence that pushing examiners to review patents quickly ends up in disaster, Kappos put back in place an incentive structure to encourage examiners to approve more patents. He kept focusing on the need to get through the backlog and speed up the application process, rather than recognizing what a disaster it would be. Of course, some of us predicted it and were mocked in the comments by patent lawyers who insisted we were crazy to suggest that the USPTO would lower its standards.

Of course, an academic study a few years ago found that was absolutely happening and now, to make the point even clearer, the Government Accountability Office, which tends to do really fantastic work, has written a report that agrees. It blames the Patent Office's focus on rapidly approving patents for the flood of low quality patents and the resulting patent trolling epidemic...


Noting that last part about a "trolling epidemic" (to the point where 90% of all technology lawsuits are filed by trolls), we wish to highlight the correlation between abstract software patents and software patent trolls. Since half a decade ago we have highlighted the strong correlation between patent trolls and software patents, so had the USPTO stopped granting patents on software, a lot of this "trolling epidemic" would go away almost entirely. It would not be a viable business model for reasons we explained here repeatedly over the years. Given an extraordinary number of patents granted to BlackBerry (far too many to be deemed high quality), this is relevant to the past week's news. BlackBerry, which is rapidly becoming a troll (or PAE) down in Texas [1, 2], has generated more and more headlines in recent days, e.g. [1, 2, 3, 4, 5, 6]. "Blackberry is now a troll," wrote Benjamin Henrion (FFII). "Too bad NTP did not kill them 10 years ago."

BlackBerry is one among many such companies. Apple, for example, having totally lost the plot to Android in India (where Android is now estimated to have 97% of the market; see daily links for details), is suing endlessly. Is there another Apple-Samsung patent war in the making? As one site notes right now: "Samsung filed a patent for a smartwatch with a detachable strap. Detachable band straps are already there. So, what’s the big deal? Their new smartwatch looks like the Apple’s iWatch. Now, that’s a big deal.

"Samsung is not eyeing another patent war with Apple, hopefully, they aren’t. Because, the last time when they did it, they had to suffer for it. A California court had ordered Samsung to pay 548 million dollars."

"It would mean that phones must have features and parts removed from them."Apple has been suing Android OEMs for more than 6 years, starting with HTC. We expect BlackBerry to do the same thing pretty soon. Does that mean more innovation? Quite the contrary. It would mean that phones must have features and parts removed from them. ⬆

Recent Techrights' Posts

Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
 
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026
Gemini Links 20/10/2026: The Brothers Who Fought Mussolini and a Dying Main Laptop
Links for the day
Brett Wilson LLP Has Almost Zero Litigation Clients This Year (in the Area They Specialise in)
The silence on the financial front, combined with the lack of new clients, is deafening
Where to Celebrate the 20-Year Anniversary
let us know in IRC
Cheapening of the Workforce at IBM and Microsoft, Typically Without Even Announcing Any Layoffs
from leadership to compelled "retirement"
Help Us Improve Techrights
The site relies on teamwork in a growing community; even readers are part of it
Links 20/10/2026: $100 Million ICE “Intelligence” Program and France Riots
Links for the day
Gemini Links 20/10/2026: GAFAM GCP Outage in the UK and New Oddμ Release
Links for the day
Articles in The Register MS Composed by Employees of the Companies They're About
The Register MS is the place to be
Intercontinental Brigading - Part IX - Swatting is Not Funny, Swatting is a Murder Attempt
“Swatting is not harmless. It is a serious crime that can lead to dangerous situations and divert law enforcement away from someone facing an actual emergency. What callers may believe to be a ‘joke’ actually risks the public safety of our communities and can carry lifelong consequences for those responsible”
Links 20/10/2026: Facebook Scraping and Plagiarising News Sites, Copyright Act Turns 50
Links for the day
Microsoft's XBox Leadership and Strategy is Slop
XBox sales are already worst in the entire history of XBox
81% Voted in Favour of EPO Strikes Until End of This Year
Who's in the line of succession at EPO?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 19, 2026
IRC logs for Monday, October 19, 2026
Gemini Links 20/10/2026: Old Movies, Bandera Hike, and Mongolian
Links for the day