Bonum Certa Men Certa

PACE of Prosecution Prioritised Over Quality of Patents and Examination

Patents are not just for lawsuits unless you're an aggressive firm

Inviting patent aggression



Summary: Patent Prosecution Highway (PPH) puff pieces neglect to highlight the danger of the concept, which promotes litigation at the expense of thorough examination (including proper opportunity for oppositions)

THERE IS a real danger that one day there will be a UPC-like regime in Europe. It won't happen any time soon and if we combat this threat, it will almost certainly fail to materialise. Firms that profit from litigation (whether successful or not) are egging on the Battistellis of the world, urging them to put the burden on defendants, not plaintiffs (accusers). Very dangerous! Lethal in the case of Goliath v David situations.



The UPC, at its core, is about broadening and speeding up litigation. Very bad idea. Applicants sometimes prefer a slower process which properly assesses all the facts, otherwise it's only the lawyers who profit. Various parties need to get involved in order for patents to be correctly assigned and verified.

"It does not improve quality, it probably reduces quality and just like the notorious PACE program it gives some actors disproportional power over others (typically small and vulnerable businesses are affected badly/worst)."Yesterday we found a new marketing/puff piece from Phillips Ormonde Fitzpatrick. It's about PPH. It's an old global system, but it focuses on large, wealthy nations or works in their favour (giving advantage to their national patent offices). The firm focuses on the EPO in southeast Asia rather than the USPTO. Battistelli did some publicity stunts in small countries with barely any European Patents, waving PPH documents as some kind of 'trophy' (or a sign of accomplishment). We covered that earlier this year.

Like ITC, which we wrote about yesterday, PPH presents all sorts of issues, including lack of neutrality and lack of appeals/oppositions window. Putting quick prosecution and potentially embargo before quality control of patents is rather dangerous, but the puff piece titled "The Patent Prosecution Highway gets more traffic" says this: "The PPH framework promotes work sharing and accelerated processing where patent examiners can make use of work carried out by other offices. The framework allows leveraging of an eligible application whose claims have been determined to be patentable in the Office of First Filing (OFF) to go through an accelerated examination in the Office of Second Filing (OSF) with a simple procedure upon an applicant’s request. The intention is to secure more uniform patent rights, improve quality and reduce the search and examination burden on the participating offices."

"They are obviously becoming more and more concerned that antitrust (competition abuse) issues are being raised in relation to patents."That's not what happens in practice. It does not improve quality, it probably reduces quality and just like the notorious PACE program it gives some actors disproportional power over others (typically small and vulnerable businesses are affected badly/worst).

The article (or ad) from Mary Munroe contains a lot of statements we could easily challenge if not successfully rebut, but there's even more eyebrow-raising material out there, including this latest IAM piece about SEPs and patent pools in China. They are obviously becoming more and more concerned that antitrust (competition abuse) issues are being raised in relation to patents. When massive corporations amass patents and merely use these as a tool to bar competition, what good are these patents on a societal basis? We'll give an example in our next post.

Recent Techrights' Posts

UEFI "Secure Boot Doesn’t Play Nice at the Moment"
UEFI "Secure Boot" does not improve security. It's an artificial obstacle in service of monopoly.
If You Want to "make your 'Windows PC' lean, mean, and fast" You Will Install GNU/Linux or Some BSD
That kind of article says a lot about IDG
 
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025
Satya's Plan B: Try to Hide the Massive Extent/Scale/Scope of Microsoft Layoffs
fewer people buy Microsoft
Red Hat News About De Facto Mass Layoffs (Bluewashing) Gone From Reddit (Censored by Gatekeepers), Still Online in The Register
With RTOs, PIPs, relocation etc. expect IBM to "shed off" many Red Hatters
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
Slopwatch: Google News Infested With Slop (About Half of the Results for "Linux" Today)
This is the sort of junk one finds when looking for "Linux" in Google News these days
Links 14/09/2025: Ricky Hatton Dies and McDonald's Declares War on Tipping Culture
Links for the day
Links 14/09/2025: Disasters for CEOs Obsessed With Slop and Slop Companies School Like Fish
Links for the day
"Bad Shim Signature" (Microsoft 'Secure' Boot)
"Fresh install not booting"
What Microsoft Garrett and Microsoft Lunduke Have in Common
Similar tactics, different "wings"
Links 14/09/2025: US "Economy Sagging", "Michigan Economy Wobbles From Tariffs"
Links for the day
Gemini Links 14/09/2025: Minimalist Snippet Manager and Omarchy Linux
Links for the day
The Face of the Digital Far Right: Microsoft Lunduke
Microsoft Lunduke is an online extremist that belongs to and panders to the far right
20 Years Later and Academia Isn't the Same
"I never dreamed of being a professor"
'Cancel Culture' by the Right: Microsoft Lunduke Contacts People's Employers Trying to Get Them Fired
Microsoft Lunduke panders to extremists online
"Bad Shim Signature"; So 'Secure' That It Overrides Users' Preferences and Turns Itself Back on (Coercive Measure)
This was a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 13, 2025
IRC logs for Saturday, September 13, 2025
Microsoft is Rapidly Dropped From Web Servers, Shows Survey
Microsoft lost about 8% "market share" in just 3 months
Many GNU/Linux Users Report MOK (Machine Owner Key) Issues in Recent Days
many people don't report this online and never post in Reddit
We Covered UEFI 'Secure Boot' Scandals. The World Listened.
To hell with UEFI 'secure boot'
Links 13/09/2025: Escalations in East Europe and POTUS’ Health Cover-Up
Links for the day
Gemini Links 13/09/2025: Lagrange Turns 5 and Lagrange 1.19.2 Released
Links for the day
Microsoft Inside Your Linux: "Security vulnerability that allowed an attacker to bypass UEFI Secure Boot."
2 hours ago
A New Low for "Linux Journal": Promoting MICROSOFT WINDOWS Using LLM Slop
They've just jumped the shark entirely
Fake News With Fake Numbers About Microsoft
"This is what happens when the world's economy is governed by sick old men"
Slopwatch: "Google News" is Fast Becoming a Mashup of Slopfarms, Linux Journal ("LJ") is a Dump of LLM Slop
Well done, Google News. Google itself can flourish as a slopfarm mashup.
Torturing Users Who Just Want to Run GNU/Linux on Their Own PC
"Linux does not want to install"
The Register MS Still Takes Money to Hype Up "AI" in Articles by Microsoft Resellers With the Term "AI" 30+ Times in Them
Notice how many times they mention "AI"
The Apache Logo News is VERY Old, Racists and 'Anti-Woke' Bigots Look for Something to Incite Other Bigots With
Nothing to see here, move along
Linux Mint 9/11: "4th One Today..." (in Reddit)
Remember that not everyone having an issue reports it to social control media like Reddit
Nepal Will Fall Without a Single Shot Fired, Thanks to Social Control Media
Or very few shots (by the authorities)
European Corruption in the European Patent Office (EPO) Targets Culture
"In reality, the project includes a new “legal instrument” shifting administrative burden and liability on EPO staff while creating new uncertainty and externalising Amicale activities."
European Authorities, Already Bribed and Infiltrated by Microsoft, Won't Help You Find BigBlueButton, Jami, Ring, and Jitsi
Because they're paid by Microsoft and are Microsoft 'addicts' themselves
UEFI Secure Boot Failing, as Expected for Nearly 15 Years Already (Techrights Said This Since 2012)
in the media
Debian 9/11
people report this issue
Gemini and Web Links 13/09/2025: MElon's Slop Grift and "Autonomous Trains"
Links for the day
Moving From Content Management Systems (CMSs) to Static Site Generators (SSGs) Saves You Time, Makes You a Lot More Productive
try to reduce the cost (financial and computational) of running your site
Pursuing Peace Through Violence
You cannot "see" a person's mind, until the mouth opens
Leak: European Patent Office (EPO) is Now Attacking Amicale Clubs
corruption has become the norm and scientists are robbed of any dignity
Can We Please Stop Celebrating Shooters?
"An important point to hammer on is that CoCs were never intended for uniform or symmetric application"
Oracle Fraud (or Defrauding Shareholders)
"the obvious [lie] is that watts are (wasted) electricity [and] and FLOPS are computing capacity"
Geminispace is Growing Faster in 2025 Than It Did in 2024
What matters is that corporations haven't ruined it and LLM slop is extremely rare
Links 13/09/2025: China Punishes for 'Negative' Posts, US Police Unable to Find Shooter
Links for the day
Who's the Mystery Financier of SLAPP Against Techrights and Is That a Millionaire/Billionaire?
Whose idea was it to fund meritless lawsuits against my wife and I?
Slopwatch: Slow Slop Day
This distracts from or may take traffic away from the original articles, actually written by actual people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 12, 2025
IRC logs for Friday, September 12, 2025