04.26.16

Gemini version available ♊︎

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

Posted in America, Asia, Europe, Intellectual Monopoly, Patents at 11:29 am by Dr. Roy Schestowitz

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?

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. Becoming Robust to Censorship is a Technical Challenge for Web Sites That Publish Suppressed Information and Supportive Material

    Being at the mercy of third parties indebted to corporate patrons (or banks), sometimes in "reputation" or "political correctness" or "safety" clothing, is a topological issue; we need to teach more people to self-host and exercise full control over speech and information (never let those with money and power decide who can speak and who cannot)



  2. Links 28/10/2021: Raspberry Pi Zero 2 W Released and Mesa 21.3 Reaches RC3

    Links for the day



  3. [Meme] The EPO's “New Normal”

    The rule of law is being thrown out the window/door, people send rude letters, and we’re meant to think that this is the “new normal” (laws and regulations ceasing to exist); brought by the same people who try to force-feed people all around Europe the unlawful UPC



  4. [ES] Spanish: Richard Stallman's Speech From This Past Saturday

    The new bits (in Spanish) start at 14m:42s from the start



  5. This New Edward Snowden Video is Relevant to Media Cover-up in Service of EPO Management

    We’re long mentioned the 'conspiracy of silence' regarding EPO corruption (bribes and threats from Benoît Battistelli and António Campinos contribute to this silence), so the above video, which is new, seems relevant to us



  6. EPO Home-Working (or 'Remote' Working or 'Teleworking') Isn't an Act of Generosity But of Exploitation

    Contrary to what staff may be led to believe, allowing folks to work from home is just a workaround (as the law forbids some human-to-human contact/interaction) and pretext for screwing the workers a little bit more while crushing basic rights, such as strike and protest abilities (exercising or expressing dissent)



  7. IRC Proceedings: Wednesday, October 27, 2021

    IRC logs for Wednesday, October 27, 2021



  8. [Meme] False Choices and False Dichotomy Designed for Self-Harm

    The self-serving EPO surveys, which Benoît Battistelli and António Campinos design to justify their own policies, have severe flaws in them



  9. Links 27/10/2021: XOrg Server 21.1 and Makulu Shift Ubuntu Variant Released

    Links for the day



  10. Links 27/10/2021: Murena for /e/ and Red Hat Condemned for Its Nationalism/Racism

    Links for the day



  11. [Meme] EPO Presidential Surveys

    The 'social democracy' of Benoît Battistelli and António Campinos as demonstrated by a controlled survey (controlled by the subject of the survey, EPO governance)



  12. 'Shaping the New Normal' Survey at the EPO Got 5,554 EPO Staff to Participate, But It Was Controlled by Liars With an Agenda

    Last year’s EPO ‘study’ (hogwash about “quality” and other unscientific junk) was likely biased by virtue of autocrats controlling it and exploiting it for nefarious agenda and brainwashing of national delegates. The Staff Union of the EPO (SUEPO) has a new survey in the making.



  13. Many of the National Delegations (or Delegates) in the EPO's Administrative Council Have No Understanding of What They Vote on

    One must consider the possibility that ignorance or gullibility (which lack of qualifications may entail) possibly became a contributing factor — malice and bribery aside — in systemic failure of the EPO’s governance



  14. The EPO’s Overseer/Overseen Collusion — Part XXV: The Balkan League - Fresh Blood or Same Old, Same Old?

    We take stock of "captured states" that voted in favour of unlawful "Strike Regulations"



  15. IRC Proceedings: Tuesday, October 26, 2021

    IRC logs for Tuesday, October 26, 2021



  16. Beatriz Busaniche Speaks Up in Defense of Richard Stallman

    Beatriz Busaniche sent us this comment in July 2021. She wrote it originally in Spanish. Here are both the original text and our translation to English.



  17. Links 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  18. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  19. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  20. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  21. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  22. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  23. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  24. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  25. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  26. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  27. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  28. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  29. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  30. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations


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