Bonum Certa Men Certa

Abundance of Patents is Not the Goal, Quality of Patents is the Goal

Patent lawyers don't see it that way

if all you have is a hammer, everything looks like a nail Reference: "If all you have is a hammer, everything looks like a nail"



Summary: Inability to comprehend the nature of patents as double-edged swords leads to confusion which is actively promoted by those who profit from this confusion and reduce society to an endless cycle of litigation rather than cooperation

THE following thoughts and corresponding articles are about the US, but lessons from these are equally applicable to the EPO, where the quality of patents is totally out of control (number of patents granted allegedly rose 40% in just one year!).



"We have been writing about a vicious war between the interests of law firms and the interests of the industry at large -- something which in Europe culminates in the battle over UPC."In the eye of a patent lawyer, more patents mean more business and more business means more personal wealth (for the lawyer at least). But at whose expense? Where does the capital come from and and where is the value creation, so to speak? We have been writing about a vicious war between the interests of law firms and the interests of the industry at large -- something which in Europe culminates in the battle over UPC.

Is overpatenting desirable?

Are many disputes desirable?

"Granting lots of crappy patents does not make one a "powerhouse" but a fool who serves the patent microcosm."How about lawsuits, injunctions, patent thickets and the monopolies these tend to guard?

Yesterday we found this new article titled "The surprising rise of China as IP powerhouse" -- an article which for the most part admires China's patent bubble. This whole article is a colossal mess and quite bluntly nonsensical. Granting lots of crappy patents does not make one a "powerhouse" but a fool who serves the patent microcosm. The only reason the patent microcosm in the West keeps mentioning China -- a retreat or reduction of all arguments to just "China!" [1, 2] (the talking point about China is that it grants a lot of patents and is hence "leading") -- is that it envies the future of Chinese patent lawyers, even if this vision dooms China'a large producing industry.

The notion that companies need to stockpile patents is typically promoted by people whose occupation is just that. They try to justify their own existence and rationalise their never-ending salary (from companies that create dedicated, in-house 'IP' departments). Uber, which was recently sued by Google, must be foolish enough (or misinformed) to believe that stockpiling patents by purchasing is a good idea, but watch what IAM wrote yesterday. Incredible! What can they possibly do? Sue Google in retaliation? Nobody would win in such endless litigation battles except law firms, as usual.

"The notion that companies need to stockpile patents is typically promoted by people whose occupation is just that."Following AIA the United States went from attempting to maximise patents and litigation to trying to reduce them. This means invalidating in bulk a lot of existing (previously granted) patents and discouraging litigation, primarily but not limited to troll litigation. Suffice to say, the patent 'industry' is up in arms over it. It spreads malicious (and false) rumours about officials who are responsible for it, it creates "task forces" to lobby, it misleads politicians about it and maybe pays (bribes) some of them too.

Just watch last night's Patently-O links from Anthony McCain, half of which were about PTAB, which Patently-O is trying to slow down in spite of steady and healthy growth (covered here last night). PTAB is reducing the number of patents by crushing the bad ones and setting an example. Who could possibly object to that?

"The more patents PTAB invalidates, the better. But the way the patent 'industry' sees it is warped by its greed (desire for money, not science/advancement), which necessitates more and more patents."Watchtroll, which habitually attacks PTAB, is cited as saying that the rules need to be changed, making PTAB a lot less effective. It's being masked as "improvement" (to quote: "By adopting these improvements to the IPR process the system will become fairer, afford patent owners more due process, and protect patent owners from harassment and hardship while still fulfilling the statutory mandate to provide an alternative forum for administrative resolution of validity challenges."), but it's actually the very opposite of improvement. The Shire case, a famous PTAB case, is recalled in another blog of the patent microcosm and the USPTO is then accused of misleading about PTAB numbers, as if PTAB's justice should be measured by the percentage of cases affirmed or reversed (PTAB is usually petitioned to look into already-dubious patents, so reversals, i.e. invalidations, are to be expected). To quote:

Currently, the USPTO measures decision outcomes of ex parte appeals in three different ways: affirmed, affirmed-in-part, or reversed. This is highlighted by the USPTO’s recently released statistics on outcomes of ex parte appeals for FY2017. These stats show that the Patent Trial and Appeal Board (PTAB) very frequently upholds Examiners on appeal, with a 55% affirmance rate. This rate is consistent with previous years’ affirmance rates. These affirmed rates suggest a job “well done” by the USPTO. However, the way the USPTO counts affirmances yields counterintuitive and misleading results, especially with cases involving multiple grounds of rejection. Indeed for accountability purposes, this way of measuring appeals cloaks the USPTO’s Examining Corps failures.


The more patents PTAB invalidates, the better. But the way the patent 'industry' sees it is warped by its greed (desire for money, not science/advancement), which necessitates more and more patents. Just like weapons manufacturers always crave for more wars, conflict, instability, and arms races...

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
This Saturday It's Gonna be 3.5 Years* Since Russia Invaded Ukraine. No Microsoft Protests Against Microsoft Having Provided Russia With Services.
Companies do not have consistent policies and enforcement of "corporate values" is somewhat of an egg salad
Slopwatch: Sites Gone Rogue, Google Promoting Lies, and DDoS Attacks by Plagiarism Giants
Charlatans and frauds engage in a war against artistic industries, mislabeling plagiarism as "AI"
 
The US Government is Now in the Business (Literally!) of Saving Microsoft and Intel
This means that President TACO/Cheeto now has grater financial incentive to also prop up Microsoft and Windows
Microsoft Workers on Canonical's Payroll
If you want something that's sort of like Ubuntu but is not controlled by Canonical, then look into Linux Mint, Debian, or LMDE
GNU/Linux Climbs to 4% in Sierra Leone
Sierra Leone isn't a very rich country (to say the least), but it's better off than some of its neighbours
The SLAPPS Run Out of Oxygen Because They're Abuse of Process
At the end of the day we plan to publish over 1,000 articles explaining what happened
The Register MS Gets Paid by the Employer of the Previous Editor in Chief to Promote the "AI" Ponzi Scheme, Which Does Considerable Damage to the Web and to Online Journalists
The Register MS can 'badmouth' slop all it wants; it gets paid to inflate this bubble. It's actively participating in it.
Soon It'll be Autumn, Time to Repair Things
Where they don't charge an arm and a leg
Doing Our Best to Cover Software Patents When the Mainstream Media Does Not
Even the FSF has its limits
Gemini Links 23/08/2025: August Questions and Network Solutions
Links for the day
IRC Proceedings: Friday, August 22, 2025
IRC logs for Friday, August 22, 2025
Microsoft Has Issues in Guyana
It's not just Guyana
About 25% of the "Linux" News/Results in Google News Today Are LLM Slop, Almost 20% From the Same Rogue Operators of Slopfarms
Google, which tries to market itself as an LLM giant, apparently fails to understand what's wrong with it
Harassing People on Holiday
There are "no-go areas"; but that assumes all laws firms have ethical standards
The Great, Undeniable Value of Paper Trail, Not Purely Digital Systems
Suppose you have nothing but bits on someone else's computer and "word of mouth"...
The Company Behind Ars Technica, Reddit and Wired Caught Publishing LLM Slop (It Also Admits It Now)
Condé Nast busted
Links 22/08/2025: Lagrange 1.18.8, Wired Magazine and Business Insider Caught Resorting to LLM Slop
Links for the day
Links 22/08/2025: Cisco Layoffs, LA Times Says "AI Hype is Fading Fast"
Links for the day
Gemini Links 22/08/2025: K for Kentucky and Caddy Versus LLM Slopbots
Links for the day
The "End Software Patents" Initiative of the FSF Explains "WHY [to] ABOLISH SOFTWARE PATENTS"
We hope to cover patent-related issues more and more as the big anniversary of the FSF approaches
Freenode Sniffing
The grown-ups left the building
The Only Thing Worse Than Misinformation is Misinformation Sold to Everyone as "Intelligence"
Misplaced trust is worse than none at all
The Register MS Now Openly Admits LLM Hype Does Damage, But It's Also Being Paid to Participate in the LLM Hype (With Paid 'Articles' and 'Webcasts' for Paying Advertisers)
The Register MS gets paid to do this
End of the Smartphone Era? No.
Maybe the media should focus on producing accurate, factual news
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 21, 2025
IRC logs for Thursday, August 21, 2025
Enshittification of Airports, Airlines, and Airplanes
If people are willing to tolerate standard declines and enshittification (nowadays sold as "pivot to AI" or "replaced by AI" or "AI layoffs") they will pay for it some other way
Latest Is Not Greatest: The Case of "Foldable" Tech
don't be shamed into abandoning old things just because the "fashion industry" of Apple and Samsung tells you to
Airlines and Their Tricks That Only Work in the 'Digital Age'
People sceptical of the direction technology has taken are not "Luddites"
Open Source Initiative (OSI), Which Became a Propaganda Front of Microsoft and "Hey Hi" (Hype, Misnomer), Wants You to Forget These Scandals
A lot of these issues won't be set aside until there's a resolution
The Culture of Overnight Coding
An industry-wise push-back is needed
Windows Down to New Lows in Guinea Bissau and Many Countries Around It
If Android is accounted for, Windows is down to about 10%
Gemini Links 21/08/2025: Modern Dating, Debian 13, and Apache
Links for the day
Microsoft Has Had About 10 Waves of Mass Layoffs So Far This Year (Not Two as Mainstream Media and Slopfarms Endlessly Claim)
Notice how the MSM (Mainstream Media) never mentions the debt of Microsoft. It is a conscious, deliberate decision.
Links 21/08/2025: Covid Cases on the Rise, "Social Media Trolls", Russia's Attacks Intensify
Links for the day
Gemini Links 21/08/2025: The Attraction of Back Alleys, Initramfs, and BSD ISPs
Links for the day
Links 21/08/2025: Stephanie Shirley Dies and "Groklaw Domain Hijacked?"
Links for the day
Search in 2025 (Age of DDoS Attacks Under the Guise of "AI" "Innovation")
One common concern when things go "live" is that any random bot out there can execute queries, pumping up RAM and CPU usage, as happened when we used MediaWiki and WordPress
Using Slop for Images Does Not Make Your Site Look Advanced or Witty, It Just Makes Your Whole Work Look Like Presumed Plagiarism
Lazy slobs and Serial Sloppers use the guise/excuse of "AI" to plagiarise and spam the Web
Financing of the "Hey Hi" (AI) Bubble by Those Who Profit From Planetary Destruction (Global Warming)
It's about personal gain, too
Richard Stallman Will Speak in Ethereum Cypherpunk Congress
it's good to see that the FSF pays considerable respect to it founder, who is moreover invited to speak at events
(At Least) Second Wave of Mass Layoffs in Microsoft This Month
This is not the first time this month that Microsoft has mass layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 20, 2025
IRC logs for Wednesday, August 20, 2025