Bonum Certa Men Certa

Canadian Intellectual Property Office (CIPO) Sees Decline in Patent Applications and It May Actually be a Good Thing

Whenever you apply for a dubious patent a kitten (or teddy bear) dies

Canadian teddy bears



Summary: Challenging the false belief that the more patents society has the better off it will be, citing examples and news from north America

PATENT maximalism is a mindset if not a cult, promoted and spread mostly by those who profit from patent bureaucracy without creating anything (they don't risk getting sued themselves). We often emphasise that in order for patent systems to maintain legitimacy (corporate and public support) they must ensure that patent quality is preserved (or attained/restored when lost). The interests of the wider public, or the externality, must be taken into account when defining boundaries for patents (patentability criteria). The same goes for copyrights and suffice to say copyright reformers now enjoy public support, which is why political parties like the Pirate Party almost gained control of Iceland last month.



"What is your take-away?"

That's what a patent maximalist asked at the start of this month when he presented a new graph of his, showing "Provisional Patent Application Filings". I responded by saying that "getting utility patents in the US is getting easier, as quality in this domain is reduced..."

An increase in the number of patents should never be considered good news (good luck explaining this to a lunatic like Battistelli!)... unless these patents are somehow truly indicative of increase in innovation. Otherwise these may simply be indicative of declining quality control (or broadened scope/domains). The same goes for examination in schools and colleges; it's often said here in Britain that if more students pass or excel at exams (with average grades going up), then it simply means that the exams got too easy/predictable and thus a poor/inadequate measure/yardstick of skills, intelligence, etc. (incapable of distinguishing good students from lesser good students).

According to this new report from MIP, "2016 Canada IP Report reveals fall in patent applications". Here is the gist of it:

2016 Canada IP Report reveals fall in patent applications



A report co-authored by CIPO reveals statistics on patent and trade mark filing and granting in Canada since 2016

The Canadian IP system remains strong and that trends of the past several years mostly continued into 2015, according to a report released by Innovation, Science and Economic Development Canada and the Canadian Intellectual Property Office (CIPO).

The 2016 Canada IP Report provides filing data and analysis of Canadian IP rights domestically and abroad. It focuses on comparisons of last year’s statistics to those since 2006.


Is that really a bad thing?

Maybe there are alternative paradigms for interpreting this data. Later on (probably this weekend) we shall show what a mess the Chinese patent system is becoming due to SIPO's terrible policy (we've already alluded to this in our previous post).

The patent maximalist now conveniently conflates patents with "property" ("Patent Law vs Property Law" -- along the lines of the misleading term "Intellectual Property"), as if the more you have of it, the better. Pieces of paper that can be photocopied or whatever are hardly equivalent or equitable w.r.t. physical things. Moreover, with software patents, many of these papers describe things that are not physical, either. This kind of lunacy which is calling patents "property" needs to end in order to us to recognise what patents really are: a temporary, government-granted monopoly, given in exchange for publication (or dissemination) of ideas. I am not against patents, but I recognise their limitations and I believe that patents need to be few and defensible (in the broader societal interest/context).

Consider this new paper from a patent reformer/ist, Professor Mark A. Lemley. Watch what happens when patent maximalism goes out of hand. "Inventor Sued for Infringing His Own Patent. You Won't Believe What Happened Next" is the title of the paper and here is the abstract (with our emphasis added):



The Supreme Court and the Federal Circuit have repeatedly emphasized the public interest in testing the validity of patents, weeding out patents that should not have been issued. But there is one important group of people the law systematically prevents from challenging bad patents. Curiously, it is the very group patent law is supposed to support: inventors themselves. The century-old doctrine of assignor estoppel precludes inventors who file patent applications from later challenging the validity or enforceability of the patents they receive. The stated rationale for assignor estoppel is that it would be unfair to allow the inventor to benefit from obtaining a patent and later change her tune and attack the patent when it benefits her to do so. The Supreme Court has traditionally disfavored the doctrine, reading it narrowly. But the Federal Circuit has expanded the doctrine in a variety of dimensions, and applied it even when the benefit to the inventor is illusory. Further, the doctrine misunderstands the role of inventor-employees in the modern world.

More important, the expansive modern form of assignor estoppel interferes substantially with employee mobility. Inventors as a class are put under burdens that we apply to no other employee. If they start a company, or even go to work for an existing company in the same field, they will not be able to defend a patent suit from their old employer. The result is a sort of partial noncompete clause, one imposed without even the fiction of agreement and one that binds anyone the inventor comes in contact with after leaving the job. Abundant evidence suggests that noncompetes in general retard innovation and economic growth, and several states prohibit them outright, while all others limit them. But assignor estoppel is a federal law doctrine that overrides those state choices.

It is time to rethink the doctrine of assignor estoppel. I describe the doctrine, its rationale, and how it has expanded dramatically in the past 25 years. I argue that the doctrine is out of touch with the realities of both modern inventing and modern patent law, and that it interferes with both the invalidation of bad patents and the goal of employee mobility. Should the Supreme Court take up the doctrine, it is unlikely to survive in its current form. Rather, it should – and will – return to its much more limited roots.


Stop patent maximalism at the EPO, the USPTO, and everywhere else. It has become an impediment to progress (or "innovation" -- being the more popular buzzword among law firms) and thus antithetical to the whole basis of patent systems.

Recent Techrights' Posts

Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
Who will die first, Bill or Microsoft?
A Note on SimilarWeb
Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
 
Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
Links for the day
Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
verified press reports from the past 24 hours
GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
GNU/Linux grew tenfold
Where to Get More Gags
A valued reader recommended that to us
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025
Microsoft's Trouble in Africa and Asia
A new all-time high for GNU/Linux
Brett Wilson LLP Reported to the Solicitors Regulation Authority (SRA)
The saddest thing in all this is that law firms can maintain high standards shall they wish to
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web