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

It's FOSS? No, It's SPAM.
Another sellout
Techrights is Officially an Adult
this site's eighteenth anniversary
Technology: rights or responsibilities? - Part IX
By Dr. Andy Farnell
Many Geeks' Achilles Heel: They Don't Take Computer Breaks
Life can get longer if you stay healthy
In Asia, Microsoft's Bing Became Smaller Than Yandex and It Shrinks Every Month
How long before Microsoft pulls the plug on Bing?
 
GNU/Linux news for the past day
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 04, 2024
IRC logs for Wednesday, December 04, 2024
Links 05/12/2024: Formaldehyde and Cancer, US and China Boycotting One Another
Links for the day
Gemini Links 05/12/2024: Hermeticism, Living in the Shell, and More
Links for the day
At the OSI, Microsoft Operative (Funded by Microsoft) Promotes Proprietary Software of Microsoft
The OSI is deeply corrupt. The good news is, it's barely hiding it anymore.
Links 04/12/2024: Social Control Media Thoughts, Enrons of 2024, and More
Links for the day
Gemini Links 04/12/2024: Soviet Esotericism, Mikrotik is Awesome, and More
Links for the day
[Meme] Silicon Valley's "Successful Businessmen"
Debt is not a currency
Visualising About 0.7 Trillion Dollars of Debt in Supposedly "Successful" Tech Companies
If they're doing so well, how come they borrow so much money (which some would struggle to pay back or never manage to pay back)?
Single-Digit Microsoft: Windows Finally Falls Below 10% in Angola
it's only a matter of time before Windows is down to 5%
Coming Up With Topics to Cover and Issues to Comment on
Socialising is a big part of it
[Meme] Far From What Was Originally Intended
Makes site about RMS; Deletes his own 'site'
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 03, 2024
IRC logs for Tuesday, December 03, 2024
Illuminating Microsoft's Dirty Tactics
Criticising illegal things that Microsoft does can be classified as "Microsoft bashing" or "hatred"
Proof That Drew DeVault Vanished From Mastodon After the RMS Attack Site Was Linked to Him (and People Pointed Out DeVault's Fascination With Animated CP, Drawings of Naked Kids)
We assume he just wanted to vanish from Mastodon
Maybe Bill Gates is Getting Demented Like His Late Father (He Says Things That Are True But He's Not Supposed to Say in Public)
It happened in a podcast with Reid Hoffman
We've Clearly Struck a Nerve
Microsofters and Microsoft proxies have meanwhile lost their temper
The Userbase of GNU/Linux is Growing, Investments in the FSF Grow Too (in Spite of Microsofters Inciting and Slandering It)
The FSF's expenses are close to 2 million dollars a year
Links 03/12/2024: Pat Gelsinger's Firing Spun as 'Retirement', US Exports Land Mines
Links for the day
Links 03/12/2024: GrapheneOS, Raspberry Pi 4, and More
Links for the day
Links 03/12/2024: Googlebombing "Windows 12", Games Preservation, and Public Domain Game Jam
Links for the day
Steven J. Vaughan-Nichols (SJVN) 'Works' for Linux Foundation (LF) on SPAM Campaigns, Just Like Spamnil's TFiR (Swapnil Bhartiya)
How can he publish something like this under his name?
Microsoft's Debt Ratio is Awful
It owes almost 150% of what it can give
Microsoft Has Already Laid Off Tens of Thousands of Workers, "Headcount" is Misleading Spin From Microsoft-Funded Sites
Expect Microsoft to suck up to Trump, looking for more bailouts (those typically manifest themselves in the form of "defence" contracts)
South America: GNU/Linux Grew to 8.15% Venezuela, Steadily Over 3% Overall
holding steady above 3%
Clownflare (Cloudflare) Debt Grows, Losses Continue
debt of nearly $400,000 per employee
Gemini Links 03/12/2024: December Adventure and Social Justice Gone Wild
Links for the day
Microsoft Windows Falls to 12.5% in Cuba, Android Soaring
Windows isn't even doing too well on desktops/laptops
[Meme] GAGAM: Google, Apple, Gulag, Amazon, Microsoft, and the Rest
The Web has never been more dangerous and hostile
ChromeOS Isn't Freedom, But It's Killing Microsoft's Ability to Profit From Windows
ChromeOS has shot up to 22% in Sweden
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 02, 2024
IRC logs for Monday, December 02, 2024
The L Word (Not Linux)
Championing Software Freedom is "dangerous"
Did IBM Layoffs Stop? Ask Dr. Krishna, The 'Genius' of IBM...
Trust AK to solve all the problems of IBM by creating bigger problems
It's Easy to Snyk in Marketing SPAM (and FUD) Into BetaNews
The latest marketing piece (disguised as information, not shameless self-promotion)
[Meme] Sportwashing vs Code of Censorship (CoC)
Expectation of censorship (censor for me... or else!)
GNU/Linux at 4% in Algeria
So it more than doubled since last year
With 4 Weeks to Go (Before the End of 2024) the FSF Has Already Raised Close to 100,000 Dollars
The FSF must be doing something right
"Linux on the Desktop" (Less Than a Third of Web-connected Computers Still a Desktop or Laptop)
It's like we're chasing a goal that's 2 or 3 decades in the past
[Meme] The Failure of Microsoft Rebranding Campaigns
market share down, costs soared, back to basics
2 Years Have Passed Since ChatGPT Vapourware and Bing Gained Nothing, Yandex is About to Overtake Microsoft in Search
A cause for concern at Microsoft?
GNU/Linux Rises to 4% in Ireland, ChromeOS Grows and Android Takes Windows' Lunch
Windows down to 22%
[Meme] Meanwhile at Intel (Where the CEO Got the Boot)
Well, if taxpayers pay to save Intel, then Intel should be publicly owned (by those taxpayers)