Bonum Certa Men Certa

Law Firms Won't Improve Patent Quality Because Quality in Patenting Limits Their Ability to Sue (Profit Irrespective of the Outcome)

Michael Risch

Summary: A new paper (cited by Michael Risch above) asserts that choice of attorney matters to quality, but what the authors mean by high-quality attorney is one who knows how to secure low-quality patents, such as software patents

THE U.S. Patent and Trademark Office (USPTO) has returned to a leadership of patent maximalists (people who predate Michelle Lee) -- much like the European Patent Office (EPO) under Battistelli and António Campinos -- an issue we'll have a lot more to say about tomorrow. A patent office which disregards patent quality does not promote or protect innovation; instead it protects litigation. There's a tradeoff between defense and offense and some patents, due to their nature and their so-called 'owner', will never yield anything except lawsuits. There's some new coverage by Crain's Chicago Business regarding Motorola under the headline "patents provide the sword and the shield". It is possible to have a lot of patents and still not sue anybody.



There's also this new paper [PDF] from Alfons Palangkaraya (Swinburne University of Technology) and Elizabeth Webster (Swinburne University of Technology; The University of Melbourne - Melbourne Institute of Applied Economic and Social Research). The abstract says that they found "the ability to obtain patent protection depends not only on the quality of the invention but also on the quality of the patent attorney." To quote:

Failure to obtain a patent weakens the market position and production chain of enterprises in patent-intensive technology domains. For such enterprises, finding ways to maximise the chance to obtain patent protection is a business imperative. Using information from patent applications filed in at least two of the five largest patent offices in the world between 2000 and 2006, we find that the ability to obtain patent protection depends not only on the quality of the invention but also on the quality of the patent attorney. In some cases, the latter is surprisingly more important than the former. We also find that having a high-quality patent attorney increases the chance of getting a patent in less codified technology areas such as software and ICT.


Notice that last sentence. So in effect they consider an attorney to be "high-quality" if or he she can attain bogus patents on something like software, i.e. low-quality patents. Isn't that an inversion of the meaning of "high-quality"?

Professor Risch, who studied patent trolls in the distant past, has mentioned the above and commented as follows:

It stands to reason that better attorneys are better at turning patent applications into patents. Theoretically, better arguments about overcoming prior art, for example, will be more likely to lead to granted claims. But what about the quality of inventions? Maybe better patent attorneys just get better patent applications, so of course they have better success rates.

Measuring this is hard, but Gaétan de Rassenfosse (Ecole Polytechnique Fédérale de Lausanne) and four co-authors from University of Melbourne and Swinburne University of Technology think they have found the answer. Examining 1.2 million granted and refused patent applications in the US, Europe (EPO), China, Japan, and South Korea, they think they have the answer.


There are many overlooked aspects; for instance, different firms attract different kinds of applicants and what really matters is the reference implementation/application, not some words on a piece of paper.

Sadly, we've been seeing the transition here in Europe from innovation to litigation and from scientists to lawyers. The latter push hard for the UPC, but thankfully they are failing due to incredibly powerful resistance from those who know what's going on.

In relation to USAA, whose patent battles we've been repeatedly mentioning (e.g. [1, 2]) earlier this year, this law firm has just put out a "litigation webinar". Here's what they say:

CUNA members can now access a free recording of a webinar outlining the latest development in patent litigation brought against several credit unions involving remote deposit capture (RDC) technology. The live version of the webinar hit capacity, with 1,000 credit unions registering to attend.

A law firm representing USAA began sending out patent licensing demands to many credit unions in late 2017, alleging those institutions were infringing on a USAA patent involving RDC services.


They're a patent aggressor and the above firm makes money from the aggression; Nowadays the word "webinar" has come to mean marketing or advertising, e.g. for litigation giants. To them, "licensing demands" and lawsuits are a "product" or "service" and they have thus become an inherent part of the problem. They don't want patent quality; they just want lots and lots of patent actions, grants, lawsuits, injunctions, raids etc.

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025