Bonum Certa Men Certa

Academics and Think Tanks for Patent Maximalism

Theodore R. Bromund, Ph.D.



Summary: Right-wing think tanks and impressionable academics continue to lobby for patent maximalism, rarely revealing the funding sources and motivations; in reality, however, such maximalism mainly helps large (already-wealthy) corporations, monopolists, and law firms

THE UNITED States may have a serious problem with money in politics/policy. Money buys law. It buys legislation. It also buys influence/lobbying from academia. It's all about money. This is why the US ended up with terrible patent policy and up until a few years ago (owing largely to a court which is hard to corrupt) there was no hope. A bunch of large and powerful law firms had a grip on the patent system. This grip is nowadays slipping away and in response to it they make a public showing of disdain against the changes. Sometimes they also bash courts and judges.



As is typical for a Sunday, Patent Docs lists some patent-centric events, streams, conferences (symposium/webcast/other), lobbying etc. It's nothing but patent maximalism up on display.

Some of the topics of upcoming events/webinars promoted by Patent Docs today: Ethics (in patent law), double patenting and "Patent Ownership Rights". They're not ownership or even a right. Patent Docs also mentioned this 'summit' on biosimilars. It disclosed that "Patent Docs author Kevin Noonan is a co-chair of this conference" (shameless self-promotion perhaps).

"As is typical for a Sunday, Patent Docs lists some patent-centric events, streams, conferences (symposium/webcast/other), lobbying etc. It's nothing but patent maximalism up on display."The Intellectual Property Owners Association (IPO), a patent extremists' front group that lobbies for software patents and other bad things, has a session/presentation/topic titled "What Future Does the UPC Hold for Us?"

Well, the UPC has no future. It's dead. Who's behind this "2018 European Practice Committee Conference"?

"Who's behind this "2018 European Practice Committee Conference"?"Introducing the aspect of gender when it comes to patents isn't anything new. It's not illegitimate, but sometimes the angle is interjected for someone's gain (not women's but the patent microcosm's). Yale SOM has something to that effect.

Yale has this new article by Jyoti Madhusoodanan, who explores the relative lack of patents from women or rather than low allowance (acceptance/grant) rates. As one patents expert (who is female) put it: "If inventor’s gender is truly impacting allowance rates, that’s very troubling. Hope @uspto will respond to this. Note that study does not seem to consider role of patent attorney. Lay inventor is often largely unaware/misguided re a patent’s prosecution."

From the article itself:

In the United States, women earn half of the doctoral degrees in science and engineering. But when it comes to patenting their inventions, they trail far behind men: Only 10% of patent-holders are women. Even in the life sciences, where women earn more than half of new PhDs, only 15% of inventors listed on patents are women. According to a new analysis by Kyle Jensen, Balázs Kovács, and Olav Sorenson of Yale SOM, published in Nature Biotechnology, this disparity stems in part from how patents are obtained and maintained over time.

Gender-based disparities have been found in orchestras, academic publication, and many other areas. But understanding the imbalance with patents has been historically difficult because the U.S. Patent and Trademark Office (USPTO) only offered information on one patent at a time. A recent bulk data release enabled Jensen, Kovács, and Sorenson to trace the histories of 2.7 million patents issued between 2001 and 2014. They analyzed maintenance fee payments, prosecution histories, and the full text of patents, which revealed the interactions between inventors and examiners as well as how a patent claim was altered during the process of filing.


Whether the issue is the USPTO itself (maybe its recruitment policies play a role) is not a subject we wish to entertain here because this entire topic is sensitive and divisive. But it's probably worth reading into it, making or basing one's judgment on underlying figures/statistics. Is the solution to hire more women? Or to grant more patents to women? These are not questions that are easy to answer without upsetting some groups, but at the end of the day patents should be judged solely based on their merit.

Recent Techrights' Posts

The Register Bill
The Register MS - putting the "MS" in your centre of the universe
Analogies for "Memory Safety" in Rust
Don't worry, it's Rust! It can do anything!
 
Microsoft Sites Now Talking About September's Mass Layoffs at Microsoft
It's noteworthy that even Microsoft's MSN now covers the latest revelations about mass layoffs
Gemini Links 06/09/2025: SpellBinding Moving and "The Cloud" Ridiculed
Links for the day
Slopwatch: On "the Apology Industry", Chatbots (Punchbag for Customers), and Fake Articles About "Linux"
"news reporting priorities changed"
Links 06/09/2025: "Covid Incidence on the Rise" and Many Attacks on the Press Worldwide
Links for the day
Nobody Denies That SecureBoot Will Cause Problems After September 11
Not even Microsoft
Gemini Links 06/09/2025: Infinite Scrolling and Posting from Emacs
Links for the day
Links 06/09/2025: GitHub Meltdown Over Slop, "U.S. Jury Says Google Should Pay $425 Million in Privacy Lawsuit"
Links for the day
Despite Its Severe Financial Problems Gnome Foundation Inc Paid Rosanna Yuen Over 100,000 Dollars Last Year
maybe relocation should be considered
The "Left" and the Right"
It poisons everything
Mozilla and Rust Are Not Leftists
they're part of the mass consumerism machine
Disposable to Microsoft
There is an extensive set of people who got used by Microsoft, only to be thrown away a month later or a year later or a decade later
The UEFI 9/11 - Part VII - This Coming Week Many PCs Will Refuse to Boot "Linux" (Because of Microsoft's Expired Certificate)
The real solution is, disable "secure boot" or "SecureBoot" while it's still possible. [...] Just like submarine patents, a lot of this problem was "hibernating" for a while
The Thing Nobody in Red Hat Wants to Talk About Openly
There is a real sentiment or worry among Red Hatters, Europeans and Americans in particulars (because of higher salary expectations)
Slopwatch: Small Parade of Fake News About "Linux" and Scams Borrowing the Name (or Word) "Linux"
In practice, LLMs are a risk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 05, 2025
IRC logs for Friday, September 05, 2025
Genini Links 05/09/2025: Community, ROOPHLOCH, and PITkit
Links for the day
Links 05/09/2025: Vaccine Sceptics Poison the Well, Two Exploited Vulnerabilities Patched in Android
Links for the day
Gemini Links 05/09/2025: Logitech Lift and DIY Gemini Servers
Links for the day
Links 05/09/2025: Sainsbury's Caught Spying on In-Store Shoppers and Microsoft "OpenAI is Using Legal Threats to Harass its Critics"
Links for the day
BASIC Predates Microsoft by Over a Decade, Microsoft-Controlled Sites Like The Register MS Don't Want You to Know This
The state of the media is really bad when it relies a lot on oligarchs' money and is appointing editors who are working for oligarchs
Brian Kernighan, "Only Third to Dennis Richie and Ken Thompson" (UNIX), Agreed With Someone Who Said Rust Was Just Hype, Should Not Replace C
17 hours ago
Reminder: Microsoft's "Secure Boot" Certificate for "Linux" Will be Expired in One Week
Many PCs won't manage to 'rotate' to another certificate
"Many of the Red Hat Employees Are Still Looking for Work"
Shame on IBM's CEO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 04, 2025
IRC logs for Thursday, September 04, 2025
Microsoft Started With Code Literally From The Trash, Nothing Has Improved Since
The reality is, there are systems and code that are reliable. But they're not Microsoft's.
Hypothesis That New McKinsey/Microsoft Executive Inside Red Hat Will Outsource Research and Development Operations to India (Like They Do in IBM)
IBM is floundering
Slopwatch: Scams, Fake Articles About "Linux", Plagiarism, and Worse
Perhaps some time soon the LLMs or the "Big LLMs" will run out of money (to borrow) and go offline, leaving those slopfarms in a tough place
Gemini Links 04/09/2025: Means of Production and Rusting Out
Links for the day
Links 04/09/2025: Science, Hardware, and Eyes on China
Links for the day
Gemini Links 04/09/2025: Digital Minimalism and Social Control Media
Links for the day
IBM's GNU/Linux Divestment, Based on Hard But Anecdotal Evidence (IBM Fails to Recognise How Much Money It Made and Can Still Make From "Linux")
Love us or hate us, a lot of what we've been saying about Red Hat under IBM turns out to be rather accurate
Links 04/09/2025: Massive Microsoft Staff Cuts (Barely Reported), "Strange Conspiracy Theory Is Reportedly Spreading Inside OpenAI"
Links for the day
Activists Can Win, But Keep an Eye on the Ball and on the Trophy
GitHub is dying, it was a loss-making trap, not free hosting
Gemini Links 04/09/2025: Katrina Remembered, Distracted Driving, and Virtual Economics
Links for the day
At This Point It's No Longer Matthew Garrett But People Who Fund Matthew Garrett (or Companies That Fund His SLAPPs Against My Wife and I)
The only thing worse than misogynists are misogynists who fail to respect other people's right to go on holiday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 03, 2025
IRC logs for Wednesday, September 03, 2025
The UEFI 9/11 - Part VI - This Serious Harm Was Planned for Over a Decade, Not an Accident or Merely Some Misfortune
The term "Serious Harm" is legally meaningful here
GNOME Unfit for Diversity and Inclusion
GNOME's leadership is using "bad words"
Brodie Robertson Addressing the Recently-Discovered Comments
Most people probably knew nothing about this until he wrote a response
Red Hat QA Team "Had Shrunk by Half Over the Past Year." (After IBM Divestment)
If Red Hat's workforce is being moved to the East, then RHEL can become a national security problem
Slopwatch: "Open Source" and "Linux" News Faked, Made by Bots and Entered Into Google News
Spam combined with slop about "Linux" has entered Google News