Bonum Certa Men Certa

'IP5' Patent Offices May Have Become the Biggest Threat to the Patent System

All they care about is their profits, not public health and societal/scientific progress

Hot girl and you are ugly meme: Got a patent! Lost the patent in court



Summary: The tendency to 'overgrant' (award patents that are known to have no solid legal ground) erodes both confidence in existing patents and public consent for the patent system; patent offices urgently need to realign themselves w.r.t. law (not profit motive)

BACK in 2018 we still routinely wrote about software patents in the United States, where a new USPTO Director had been appointed, showing disdain towards 35 U.S.C. €§ 101 and affinity towards patent trolls. As we argued at the time, there's not much he can do to sway judges and caselaw. If he and his administration still granted software patents, they would mostly be eliminated in the courts.



"Those who want to save the patent system or defend a strong, legitimate system will resist the maximalists, including Team UPC, which shamelessly embraces lies and dirty tricks."Judging by everything we've been reading since then (and shelved in Daily Links; we prefer to focus on European Patent Office (EPO) affairs), our prediction was correct and expectations fulfilled. In a sense, the Patent and Trademark Office became a territory of uncertainty. A recent graph (and amended version of it) from Dennis Crouch shows that the USPTO is just granting loads of junk patents, including software patents. But if one carefully reads what's left of news sites or blogs about patents, these almost never withstand the courts' scrutiny. Almost never.

"If we cannot assure patent quality and facts- or evidence-based patent policy (geared towards health, innovation and so on), we cannot have this system at all."Here in Europe, the UK-IPO and 'geniuses' like António Campinos and Benoît Battistelli (with no background in science) support European software patents, even if courts reject them. As we pointed out this morning, Campinos seems to be resisting the judges at BoA, who don't seem to have a taste for software patents (based on a report from yesterday). What will likely happen is, judges will be pressured to allow patents that courts outside the EPO would almost certainly reject. When a granting authority (office) and legal authority (court) cannot agree on what's patentable it reduces confidence in patents. Who benefits from all this? Not inventors. Maybe the law firms benefit because they don't really care about the fate of pertinent patents as long as they're paid for their time.

Those who want to save the patent system or defend a strong, legitimate system will resist the maximalists, including Team UPC, which shamelessly embraces lies and dirty tricks. Or the types who call patents "rights" and "property" (they're neither and claiming otherwise reveals one's agenda, distorting/twisting the role of monopolies in economics).

Techrights is not and was never against patents; it's pro-patent quality. If we cannot assure patent quality and facts- or evidence-based patent policy (geared towards health, innovation and so on), we cannot have this system at all. Think about it.

Recent Techrights' Posts

Live as You Preach
technology is fast becoming dysphoric
Computers Got Smaller, So GNU/Linux Got Bigger
Many people here recognise the lack of urgency (or need) to get expensive new laptops
GNU/Linux Grows at Windows' Expense and Microsoft Trolls Infest and Maliciously Target Articles About It
Microsoft is - and has long been - organised crime
They Say I'm Mr. Bombastic
They didn't take good lawyers
 
Abuse Inside the Polish Patent Office (UPRP) - Part VII: Washing Their Hands After Corruption and Abuse
"Tragedy or comedy?"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 09, 2025
IRC logs for Monday, June 09, 2025
Gemini Protocol Turns Six in 10 Days From Now
If you haven't tried it yet, then give it a go today
Culling Bad RSS Feeds of Bad Sites
Not throwing out the baby with the bathwater
Gemini Links 09/06/2025: Addition Addiction and Nitride
Links for the day
Links 09/06/2025: Science, Hardware Projects, and Democracy Receding
Links for the day
BetaNews is a Plagiarism and LLM Slop Hub, the Chief Editor Isn't Addressing This Problem Anymore
SS Fagioli is basically a parasite leeching off or exploiting other people's work
Links 09/06/2025: Chaos in Los Angeles and Hurricane Season
Links for the day
Links 09/06/2025: Windows TCO and Many Data Breaches
Links for the day
Abuse Inside the Polish Patent Office (UPRP) - Part VI: Political Stunts by Former President Edyta Demby-Siwek and the Connection to Profound Corruption at EUIPO
it's like a money-laundering operation where one politician rewards another at taxpayers' expense
Gemini Links 09/06/2025: Pipelines and Splitgate
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 08, 2025
IRC logs for Sunday, June 08, 2025
Links 08/06/2025: Tiananmen Carnage Censorship Persists, North Korean Goes Offline
Links for the day
Gemini Links 08/06/2025: Love as an Ethnographic Method and Monitorix Gemini-Frontend v0.1
Links for the day
Links 08/06/2025: Exposure of More GAFAM Surveillance and Social Security Records Compromised
Links for the day
Linux Foundation is a Mediator for Microsoft et al, Not for Small Companies That Support Rather Than Attack the GPL
Many people still wrongly assume that because it is called "Linux Foundation", then it is pro-Linux and represents the same mindset
This Past Friday, Confirming What We Said All Along About Brett Wilson LLP: It's Shrinking, Has Considerable Debt, Loss of Net Assets Despite the Microsoft SLAPP Money
The documents only became publicly available less than 2 days ago
Some of the Many Reasons We Sued Microsofters for Harassment
perpetrators of harassment
For 20 Years Many People Were Sharecropping for Canonical's Oligarch, Now He's Deleting All Their Contributions
"Ubuntu has erased instead of archiving the trove of material at Ubuntu Forums"
There Was Always Too Much 'Crazy Stuff' Going on Around Freenode
What many IRC users lost sight of
Exposing Crime is Not a Crime (It Never Was)
In the eyes of rich and powerful people, those who speak about their crimes are the "criminals"
GNU/Linux Distros Abandoning Microsoft GitHub
Will curl be next to leave Microsoft GitHub?
Expect More XBox Mass Layoffs Soon If the Rumours Are True
From a Microsoft media operative
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 07, 2025
IRC logs for Saturday, June 07, 2025
Europe Needs to Move Away From GAFAM; The Sooner, the Better
Europe - not just the EU - must abandon GAFAM as soon as possible
The Issue Isn't GNOME's Promotion of Diversity But GNOME Corruption, Abuse, Censorship, and Worse
So-called "Conservative" (republican, pro-Trump, bigoted) people want you to think the problem with GNOME is politics
When the News Sources Become Scarce and Increasingly Full of Polluted/Contaminated 'Content' (With LLM Slop and Slop Images)
Integrity matters
"Linux" Sites That Spew Out LLM Slop
We're lacking enough material for another "Slopwatch"
Abuse Inside the Polish Patent Office (UPRP) - Part V: Breaking the Law, Just Like EPO
We'll hopefully cover some of the pertinent details later this year