12.12.14

Gemini version available ♊︎

The USPTO is Broken: New Evidence Presented

Posted in America, Patents at 7:32 am by Dr. Roy Schestowitz

Profit conflated with innovation

Summary: The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled

Kevin Drum from Mother Jones is a very good writer who covers a broad range of topics. Several weeks ago he wrote about patents, noting that “More Patents Does Not Equal More Innovation”. Well, more patents mean more business for the USPTO and patent lawyers, but they would rather just paint their profit as “innovation”. Here is what Mr. Drum writes, citing the corporate media:

Via James Pethokoukis, here’s a chart from a new CBO report on federal policies and innovation. Needless to say, you can’t read too much into it. It shows the growth since 1963 of total factor productivity (roughly speaking, the share of productivity growth due to technology improvements), and there are lots of possible reasons that TFP hasn’t changed much over the past five decades. At a minimum, though, the fact that patent activity has skyrocketed since 1983 with no associated growth in TFP suggests, as the CBO report says dryly, “that the large increase in patenting activity since 1983 may have made little contribution to innovation.”

We recently showed that almost every application for a patent is now successful, i.e. patent granted (proving that there no quality control at all and demonstrating laziness or greed, motivated by wrong yardsticks by which to assess patent examiners). This whole system has become a sham and people should do something about it, as the problem won’t go away on its own.

“This whole system has become a sham and people should do something about it, as the problem won’t go away on its own.”Might we ever see USPTO staff demonstrating in the streets of Washington, following the example set by EPO staff? The problem and the grievances (about scope and corruption) are similar.

The other week we saw the EFF highlighting yet another “Stupid Patent of the Month”. It is a software patent which is basically something that a child can come up with, or even an observer of what has been going on for centuries. To put it in the words of Ars Technica:

November’s “Stupid Patent of the Month,” brought to you by Penn State

Three months ago, the Electronic Frontier Foundation inaugurated a monthly tradition in which they wrote about a “Stupid Patent of the Month.” The first patent they publicized was basically a description of a doctor’s “computer-secretary.” Since then, they’ve highlighted a vague software patent owned by a serial litigant, a patent on filming a yoga class, and a patent with a formula for curing cancer (a combination of “sesame seeds, green beans, coffee, meat, evening primrose seeds,” among other things.)

Here is the latest:

One of the items for sale is US Patent No. 8,442,839, entitled “Agent-based collaborative recognition-primed decision-making.” The lead inventors are PSU professors John Yen and Michael McNeese. The patent essentially describes different ways that people work together to solve a problem.

Steps include “receiving information regarding a current situation to be analyzed,” interacting to receive “assistance in the form of assumptions or expectancies about the situation,” and using “collected information to determine whether a decision about the situation is evolving in an anticipated direction.” A PSU news site describes the invention as using a framework called “Collaborative Agents for Simulating Teamwork.”

“The patent reads a little like what might result if you ate a dictionary filled with buzzwords and drank a bottle of tequila,” writes EFF lawyer Daniel Nazer. He notes the patent was originally rejected by the patent office. “Penn State responded by amending its claim to ‘include a team-oriented computer architecture that transforms subject matter.’ In other words, it took an abstract patent and said, ‘Do it on a computer.’”

A lot of software patents are like that. They merely add “over the Internet” or “on a computer” to some process that has existed for a very long time. There’s no innovation in it, except perhaps the innovation which is the Internet or the computer itself.

Anyone who still thinks that the patent system promotes innovation should take a look at a patent or two, setting aside the jargon and buzzwords. We covered other examples in the past and examined their lack of novelty. Some examples came from Nintendo and there is this new example where Nintendo patents something using the “in mobile devices” pseudo ‘novelty’. To quote AOL:

A new patent published by the USPTO yesterday details an invention by Nintendo that would allow it to emulate its mobile game consoles, including the Game Boy line of devices specifically, in other settings, including on seat-back displays in airplanes and trains, and on mobile devices including cell phones. The patent is an updated take on an older piece of IP, so it’s not an entirely new idea, but it’s still very interesting to consider that Nintendo could have renewed interest in the idea of running its own back catalogue on many different kinds of screens.

It is not an entirely new idea at all. In-flight entertainment, emulation and mobile devices are very old ideas and just combining them should not be enough to earn a patent. Then again, as USPTO eventually accepts (grants patents for) 92% of all applications, it seems to have become an illegitimate system of protectionism that puts the burden on innocence on victims, passes a lot of incentive to patent lawyers, and has small companies foot the legal bills.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  2. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  3. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  4. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  5. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  6. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  7. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  8. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  9. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  10. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  11. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  12. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  13. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  14. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  15. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  16. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  17. Links 22/10/2021: Global Encryption Day

    Links for the day



  18. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  19. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  20. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  21. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  22. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  23. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  24. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  25. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  26. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  27. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  28. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  29. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  30. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts