Bonum Certa Men Certa

A Farce of a System: How SIPO, USPTO, and Increasingly the EPO Too Turn Into Filing Systems (No Proper Examination/Filtering Required)

Summary: A critique of the declining quality of patents in some of the world's biggest patent offices, where the aspiration seems to be neo-liberal in the economic sense

THE patent system -- collectively speaking -- isn't functioning like it was supposed to. Rather than encourage innovation it slows innovation down, in the same way that worldwide copyright laws these days grant a monopoly longer than a person's lifetime, meaning that the incentive to produce more creative works isn't quite there.



"Rather than encourage innovation it slows innovation down, in the same way that worldwide copyright laws these days grant a monopoly longer than a person's lifetime, meaning that the incentive to produce more creative works isn't quite there."Based on this bit of news, hardware patents are getting US companies sued, owing to the US patent system (but by Asian companies), which means that the US patent system isn't even necessarily serving the US, it serves a particular class of people in the US and abroad (corporations and billionaires).

Sites like IAM, maximalists of patents (by their own admission), keep trying to spin a negative as a positive by saying that in China "grants [are] growing more quickly than applications" (that's because China's patent office is increasingly a joke, more like a filing system than a patent system with examination phase/barrier). Then again, the USPTO is also like this, especially in recent years as some barriers to patenting got removed and patent numbers soared (nearly doubled). Might one get the impression that the USPTO is just a filing office now? No quality control. For trademarks and patents alike; the profit motive led to this (neo-liberalism). Professor Mark Lemley has just quoted J Breyer as saying that the USPTO "has been issuing billions of patents that shouldn't have been issued -- I overstate, but only some." http://1.usa.gov/1Wmel7j

Well, "billions of patents" sounds like a one-patent-per-person scheme of some kind. Given that some patents are trivial enough to have been automatically-generated by an algorithm or thought of by a primary schools student, this would not be so unthinkable (if the patent fees were less prohibitive).

"The reality of patents in the US is changing right now."IP Kat's Nicola Searle has just correctly noted that "I've been meaning to do a post for some time on why patents are a poor indication of innovation (I've mentioned it before but not really gone into detail.) It's not an anti-patent bias, it's a pro-good data approach. As for lobbying and patent strategies..."

Well, maybe it's time for Searle to do a post about it. It's the second time in about a week that she says something to that effect and patent lawyers get all worked up about it (in the comments section).

The reality of patents in the US is changing right now. It's long overdue. As this new press release puts it, “Software patents in the post Leahy-Smith America Invents Act (AIA) era are very difficult to attain from the USPTO." They're even more difficult to defend in a courtroom. To quote the whole paragraph:

“This patent covers an important element in the foundation of our mobile engagement platform and embodies the uniqueness of our gamification intellectual property,” said Blue Calypso CEO, Andrew Levi. “Software patents in the post Leahy-Smith America Invents Act (AIA) era are very difficult to attain from the USPTO. We anticipate expanding our patent portfolio to cover a broad set of intellectual property in this area as well as others.


"They care neither about justice nor innovation (which are basically marketing terms to them)."Worry not, however, as patent lawyers and their media are in there for 'the rescue'. They're attacking AIA, Alice, PTAB, and whatever else threatens the patent maximalists and aggressors. Here is the term "patent death squad" again, showing up in IAM's 'analysis' of Cuozzo at SCOTUS. Because yes, calling bogus, invalid patents "invalid" makes you an executioner? A "patent death squad"? We wrote about the overuse of euphemisms and demonisation terms here before. Sites like IAM are as guilty as anyone of bias. Here are ten more articles we found on the subject last night [1, 2, 3, 4, 5, 6, 7, 8, 9, 10]. MIP said that "The Supreme Court has heard oral arguments in Cuozzo Speed Technologies v Lee, the first Supreme Court case to consider an appeal of a PTAB decision" (PTAB is itself already a kind of appeal, so how much more in terms of fees should be added to keep the poor inventors disenfranchised or broke?).

As one might expect, based on these examples from last night [1, 2, 3], patent lawyers are just trying to sell their services. They care neither about justice nor innovation (which are basically marketing terms to them).

"Once again we see CAFC getting involved, despite its track record of being applicant- or plaintiff-friendly (irrespective of the context and the law, e.g. on software patents). "More business for ‘IP’ lawyers is noted right now (even colours are becoming monopolies!) because more lawsuits and feuds are being measured in Europe. As part of yesterday's new series about trademarks at MIP [1, 2, 3] we found this one titled "EU design cases looking up" and it says: "2015 was a year of definite improvement over 2014 for design decisions from the Court of Justice and the General Court in Luxembourg. David Stone explains, however, that progress still needs to be made to provide certainty for designers and practitioners" (in the US design patent are under SCOTUS scrutiny, but that's not the same as registered designs). As Patently-O put it yesterday: "After Coleman’s appeal was docketed, the Federal Circuit disavowed the “factoring out” rule that many had read in Richardson. As discussed previously on this blog, in Apple v. Samsung and again in Ethicon v. Covidien, the court insisted that Richardson did not, in fact, require the elimination of functional elements from design patent claims."

Once again we see CAFC getting involved, despite its track record of being applicant- or plaintiff-friendly (irrespective of the context and the law, e.g. on software patents). CAFC is rife with corruption, especially in recent years (we covered this several times before). It's not much better than the EPO, which having subverted French media for propaganda a year ago is doing so again, in spite of the risks. Examination quality not only declined because of Battistelli's policies but there are also talks about replacing examiners with machines (that's how filing systems are likely to work, capable of duplicates detection at best).

"It’s not much better than the EPO, which having subverted French media for propaganda a year ago is doing so again, in spite of the risks."A reader has just reminded of us an old article from a well-known victim of this system, noting: "His talks are long (he has many others) but they start to explain, indirectly, what is going on with the EPO and similar disasters. The bottom line is that there is no democracy in Europe, the power structure is outside that and the real participants have active contempt for democracy."

When will there be democracy in Europe if ever at all? Right now few billionaires and non-EU corporations decide for all of us. It is becoming a lot like the US, where political parties are being 'bought' (or sold to the highest bidder/s), elections are up for sale, and the USPTO is little more than a corporate tool for very large corporations like IBM and Microsoft. As for China's system, need we say more?

Recent Techrights' Posts

The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
 
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026
Five Years Ago, After We Broke the Story About Richard Stallman Rejoining the FSF's Board, All Hell Broke Loose (for Me and My Family)
They generally seem to target anyone who thinks Richard Stallman (RMS) should be in charge or thinks alike about computing
Links 22/01/2026: Slop Fantasy About Patents, Retirement in China Now Reached at Age Seventy
Links for the day
Gemini Links 22/01/2026: Why Europe Does Not Need GAFAMs, XScreenSaver Tinkering, FlatCube
Links for the day
Salvadorans' Usage of GNU/Linux Measured at Record Levels
All-time high
Links 22/01/2026: Ubisoft Layoffs Disguised as "RTO", US "Congress Wants To Hand Your Parenting To GAFAM", Americans' Image Tarnished Among Canadians (Now Planning to "Repel US Invasion")
Links for the day
10 Easy Steps to Follow for Digital Sovereignty in Nations That Distrust GAFAM et al
When "enough is enough"
No, the Problem at IBM/Red Hat Isn't Diversity
Microsoft Lunduke also openly shows his admiration for Pedo Cheeto
Do Not Link to Linuxiac Anymore, Linuxiac Became a Slopfarm
now Linuxiac is slop
Dr. Andy Farnell Explains Why Slop Companies Like Anthropic and Microsoft 'Open' 'AI' Basically Plunder and Rob People
This article was published last night at around 10
Richard Stallman (RMS) at Georgia Tech Tomorrow
After the talk we'll write a lot about "cancel culture" and online mobs fostered and emboldened in social control media
Software Patents by Any Other Name
There is no such thing as "AI" patents
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 21, 2026
IRC logs for Wednesday, January 21, 2026
The "Alicante Mafia" - Part VIII - Salary Cuts to Staff, 100,000 Euros to Managers Busted Using Cocaine (for Doing Absolutely Nothing, Just Pretending to be "Sick")
Today we look at slides from the union
Gemini Links 22/01/2026: Forest Monk, Aurora Observation, and Arduino Officially Launches the More Powerful Arduino UNO Q 4GB Single-Board Computer
Links for the day
Next Week is Close Enough for Wall Street Storytelling About 'Efficiency' by Layoffs for "AI"
This coming week GAFAM and others will tell some creative tales about how "AI" something something...
Google News Still a Feeder of Slop About "Linux", Which Became Rarer in 2026
Our main concern these days is what happened to Linuxiac. Bobby Borisov became a chatbots addict.
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to