Bonum Certa Men Certa

Patent Marketing Disguised as Patent 'Advice'

Sheep and wolf



Summary: The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back

WE'D LIKE to take a moment aside from the usual EPO and USPTO focus. Something ought to be said which was said here many times before but merits extra emphasis.

"The problem is, such patent consultants or practitioners or whatever they call themselves are rarely independent and impartial observers."When it comes to patent advisors, their motivation is usually to get more business or "returning customers". This means that advice would likely gravitate towards lawsuits, even futile ones that cannot be won. The problem is, such patent consultants or practitioners or whatever they call themselves are rarely independent and impartial observers. They're personally involved and they're immersed in a particular industry that relies on certain activities -- a subject we shall cover separately in our next post.

Patent attorneys and lawyers are typically in the 'business' of advising on how to manage the mess which they themselves create (or at least perpetuate); we say so with no intention of offending anyone in particular. It's just putting the simple truth out there. Sure, there are some attorneys and lawyers who are honest and with great integrity (some of them send us information and material); some are willing to express the occasional dissent towards patent maximalism -- at great risk of being framed "traitors" to their profession. But they're the exception rather than the norm. They won't be the ones to become abundantly wealthy.

"The latter -- prior art -- is very important as it helps document the history of science and credit/attribute the correct people for their contribution to the sciences."To give a couple of examples from several hours ago, over at Patent Docs they now market or promote some upcoming 'webinars' ("Patent Portfolio Management" and "Post-Sale Restrictions"), as they typically do on a Sunday. The real (underlying) purpose of these is to spur more patent activity, e.g. applications, sales, lawsuits. It's quite a departure from the original/intended goal of patents. Nowadays it's not even inventors who write their patents; it's typically law firms.

Another blog which is more moderate (in our experience it is neither dishonest nor extremist at all) speaks of general tips, e.g. Charles Bieneman on drafting of patents and prior art (relevant to 35 U.S.C. €§ 102). The latter -- prior art -- is very important as it helps document the history of science and credit/attribute the correct people for their contribution to the sciences. As Florian Müller noted when the EPO blocked Techrights (with tens of thousands of articles that sometimes potentially cover prior art), denying examiners access to information which may be relevant to prior art means that the EPO quit caring about facts and is nowadays in bed with the patenting and litigation 'industry'. We're quite certain some EPO insiders can relate to this sentiment. Well, two weeks from today their President will be António Campinos, who does not come from a law firm (unlike Mr. Iancu in the US) but has background in banking, i.e. money-making. Once upon a time EPO Presidents were scientists.

Recent Techrights' Posts

Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
 
Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025