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

Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline