Bonum Certa Men Certa

Patent Quality in the United States Can Only be Assessed at the Patent Trial and Appeal Board (PTAB) and the Courts

Because the patent office does not properly analyse patents, unlike PTAB judges

David Ruschke
David Ruschke's 'official' photo



Summary: The travesty of patent offices in the US and China, where the goal or the accomplishment is measured in terms of the number of patents rather than their quality

WHEN it comes to technology, the US, India, and China are among the world's leaders if not the leaders. India, a software powerhouse, rejects software patents, whereas the US, which loses its dominance in this area, is attempting to use such patents in a desperate last-ditch effort at protectionism while using "China" as an excuse for patent maximalism (we'll come to China in a bit).



"...one must distinguish between patents getting granted (by people who receive incentives to grant) and patents being found valid, e.g. by PTAB or the courts."Yesterday we wrote about IBM patent propaganda in US corporate media. IAM, in its belated coverage about IBM, is opportunistically promoting the patent gold rush. "New grant stats show that companies still put a premium on US patents" says the headline, but it's about IBM.

"IBM receiving the most US patents in a year has become as much a feature of the US patent system as the Supreme Court over-ruling the Court of Appeals for the Federal Circuit," IAM says. Nice spin attempts. Just because the USPTO granted a lot of patents doesn't mean that the courts would find them valid once challenged. MIP has also just piggybacked IBM, a software patents lobbyist, saying that "IBM held on to the top slot for the 24th consecutive year. Its 8,088 US patents granted in 2016 was up nearly 10% over 2015 and is the most any company has ever acquired in a calendar year."

But how many of these would courts actually deem valid? Probably less than ever before. Here is an Indian angle on this 'news', trying to claim credit for this weaponisation of a patent aggressor.

"The only patent system which we consider to be worse than the USPTO is SIPO (China)."We remind readers not to be confused enough (or bamboozled) so as to conflate two things; one must distinguish between patents getting granted (by people who receive incentives to grant) and patents being found valid, e.g. by PTAB or the courts. "The presumption of validity also helped the patentee," Patently-O wrote the other day about the case of Sonix Tech. v Publications Int’l. Well, courts must never ever presume validity at the USPTO (with patent application at 92% acceptance rate by some criteria). It remains somewhat of a mystery just how many of today's software patents would actually be deemed valid; one can only estimate and judging by statistics from the PTAB and courts (extrapolation) one can envision hundreds of thousands of them being invalidated upon closer examination. That would certainly apply to many of IBM's patents as well.

The only patent system which we consider to be worse than the USPTO is SIPO (China). If there were more polyglots out there who can write good English and read Mandarin fluently, we'd have more examples of totally rubbish SIPO patents.

IP Kat has just published a "Guest Post" by Yangjin Li. Titled "China's Patent Boom", the article embellishes the image of this garbage can of crappy patents. As one part puts it, naming the laughable number of applications:

Logically, one may have doubts about the quality of the massive applications. One can at least rest assured that all of the 1.1 million patent applications filed in 2015 will sooner or later be undergoing substantive examination. However, it raises questions about the SIPO’s examination capacity. As SIPO continues building its examination capacity to meet the rapidly growing demand, the workload and the skills of examiners, particularly those newly recruited examiners, may well influence the reliability of the examination.


Well, China is already becoming somewhat of a trolling hub. IAM is of course happy about it. Earlier this week it published "Licensors must understand that what is FRAND in US and EU may not be in China, says Xiaomi IP strategy chief". Lenovo, which bought a pile of IBM's business, is also mentioned:

As part of its programme to meet these, last week it signed a deal with Via Licensing that will give it the right to use the assets that form Via’s Advanced Audio Coding patent pool in its products worldwide. Like a similar deal done with Lenovo just before Christmas, Xiaomi’s agreement with Via was tailored to reflect what both parties understand to be the unique dynamics facing Chinese businesses operating in the mobile space.


We expect China to take the United States' place as the world's capital of patent trolling. For such a curse and a liability to go somewhere else would certainly be of help to American businesses. They never benefited in any way from all that litigation; it's the patent microcosm that benefited from these lawsuit and we all know at whose expense...

Love and Yoon have a new paper about patent trolls. Matt Levy wrote about it and mentioned the Eastern District of Texas "court’s reputation for plaintiff-friendly juries" -- a fact disputed (in response to us) only by those inside that Texan system which actually advertises this bias.

Here is what Levy wrote:

Brian Love and James Yoon have a new paper out on the Eastern District of Texas and why patent assertion entities love it so much. The authors note that 90% of the patent cases in the Eastern District are filed by patent assertion entities. They look at several possible explanations, such as the speed of the court and the court’s reputation for plaintiff-friendly juries.

[...]

Love and Yoon also found that few cases have any connection to the Eastern District of Texas. Only about 18% of the cases in the Eastern District of Texas have any local link to the original inventor, original patent owner, or the first named defendant. By comparison, nearly 88% of the cases filed in the Northern District of California (which includes Silicon Valley) have such a local link to the district.


As we noted earlier this week, the Eastern District of Texas might soon die as the capital of patent trolls. If China takes its place, then good luck to China. It would devastate if not destroy the Chinese economy, more so than anything else, after it repeated the United States' mistakes, including patent scope lenience...

Patents are a man-made concept, just like money (unlike bartering). Granting too many patents can have the same effect of printing too much money (hyper-inflation, making even a loaf of bread priced way out of reach).

Recent Techrights' Posts

Coping With the Site Going More Mainstream
Fame is no laughing matter
21 Pages in Less Than 7 Hours is No Joking Matter
We've become a lot more effective and efficient
Generation Chaff - Phase V: Censorship of Dissent (Painted as Harassment or Terrorism)
Censorship is all around us now
Generation Chaff - Phase IV: Apps Only Few Companies Decide On
Tools are being collectively confiscated, under the premise or false prospect of "security"
 
[Video] Richard Stallman's Talk in Sweden, Attended by Nearly 700 People, is Now Online
The Web page is in Swedish, but the talk is in English
Slopwatch: LinuxSecurity.com, Linux Journal, and Pet Slopfarms of Google News
Why does Google News still advance these fake sites to the top of search results?
Links 24/10/2025: Inequality Grows, Billion-Dollar Scam Center Industry
Links for the day
Links 24/10/2025: "Independent Media in Cambodia is Collapsing" and Serious F5 Breach
Links for the day
They Never 'Put Down' Corporations
There are "pests" that are traded in Wall Street
Correct Information is a Valued Asset in the Age of Slopfarms and Public Relations (PR) or Spin
Publishing suppressed facts is never easy
The Register MS Continues to Bag Money to Promote a Ponzi Scheme, Even Money From China
Today in the front page
analytics.usa.gov: The Only Supported Version of Windows (This Past Week) is Only Used by About 13.9% of People in the US, the Home Base of Windows
Even Vista 7 is still used more
Rust is Very Secure
If only Rust itself is secure
Who Will be Held Accountable for Breaking Ubuntu by Imposing Rust on Otherwise-Functional Programs, in Effect Replacing GNU With Proprietary Microsoft (GitHub)?
they're practical people who merely point out that a bunch of buffoons not only ruin Ubuntu but also every future distro based on Ubuntu
Generation Chaff - Phase VIII: In Summary
Like "Science" with a capital "S", what we see here commercial interests usurping everything
Generation Chaff - Phase VII: Curtailing Alternative Media
There was always an obligation - a collective duty of sorts - to uphold independent journalism
Generation Chaff - Phase VI: Centralisation of Information (X, Cheetok/Fentanylware)
Would you trust information when controlled by such people?
Generation Chaff - Phase III: Slop and Plagiarism
A lot of the current so-called 'economy' is built upon false valuations
Generation Chaff - Phase II: "Cloud", Blockchains and Other Hype
For those of us who turned down those propositions there was a struggle; we needed to justify not having skinnerboxes or "social" accounts in some site run by a private company
Generation Chaff - Phase I: Social Control Media
IRC predates the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day
Slopwatch: Google News and Slopfarms That Relay Nonsense From LLMs
Google News, which once prioritised or used to care about provenance and quality, is feeding slopfarms
Links 23/10/2025: More Health Concerns Over Dumb Chatbots (LLMs) and "Talking Cars" as Latest Buzz
Links for the day
Gemini Links 23/10/2025: Daylight Savings Time and Duration Shorthand
Links for the day
Links 23/10/2025: LLM 'Hallucinations' (Defects) in Practical Code 'Generation', China Becomes More Economically and Technologically Independent
Links for the day
Why We Support Richard Stallman and You Probably Should Too
It's not about being "Richard Stallman fan", it is about maintaining the right to hold positions (on technology) like his
Linux Foundation Uses LLM Slop to Promote Microsoft in Linux.com (Again), Rendering It a Linux-Hostile Slopfarm
Openwashing with slop by "Linux.com Editorial Staff", which basically seems to be a bot
Some Large German Media Covers Richard Stallman's Talks in Germany Earlier This Week
LLM-based chatbots are just "bullshit generators" (as he has long called them)
Links 23/10/2025: Windows TCO Galore and "The Internet Is Going to Break Again"
Links for the day
Trouble in Red Hat/IBM and a Retreat to Ponzi Economics in Search of Wall Street Market Heist
Would you invest your life savings in this kind of crap?
Who Asked Software in the Public Interest (SPI) for a Refund? ($100,000, Resulting in Losses of $267,201 in 12 Months, Highest-Ever Losses)
The IRS does not reveal who or what's tied to this refund (or the cause/reason)
Social engineering attack: Debian voted to trick you on binary blobs
Reprinted with permission from Daniel Pocock
Techrights Will Always Stand for Women's Rights
We even invest money - personal savings that it - in our principles
Certified Lawyers Should Know Better (Than to Intimidate Us With Man Who Drives on Motorcycle Through a Really Bad Storm Between Distant Cities, Then Collects Photos of Our Home)
Mentioning someone was in prison for bad things isn't a crime, it's a public service
The "AI" (Slop) Bubble is Already Imploding
"ChatGPT Usage Has Peaked and Is Now Declining, New Data Finds"
The So-called "Sexy" Buckets (AI, Quantum) Cannot Save IBM From Reality, Shares Tank
"No matter how much financial hocus-pocus they use to reclassify revenues to land in the "sexy" buckets (AI, Quantum), it still smells old and musty - just like this company."
Paul Krugman is Wrong About the Scope of Mass Layoffs in the United States
A few years ago society was accelerating its journey towards feudalism, boosted by COVID-19
Links 23/10/2025: Proprietary Blunders and CISA's Latest Disclosure of Holes
Links for the day
Gemini Links 23/10/2025: Fast Past (F1), 99.9% Uptime
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 22, 2025
IRC logs for Wednesday, October 22, 2025
Slopwatch: Google News is Promoting Fake 'Articles' About Fake Xubuntu, Fake Articles About Replacing Windows With GNU/Linux
The quality of the Web deteriorates and unless someone cleans up the mess, real sites will lose an incentive to produce anything
When "AI Layoffs" Mean Layoffs Due to the "AI" Bubble Popping
many people that are laid off by Microsoft claim to be specialists in "AI"
Mysterious grant forfeited, $100,000 from Software in the Public Interest accounts 2023
Reprinted with permission from Daniel Pocock
Evidence: bullying, student union behaviour: Armijn Hemel's FSFE resignation
Reprinted with permission from Daniel Pocock
Evidence: psychological abuse, stalking, Galia Mancheva, Susanne Eiswirt ignored by FSFE judgment for Matthias Kirschner
Reprinted with permission from Daniel Pocock
Helping FSFE scam victims and conference organisers
Reprinted with permission from Daniel Pocock
Nigerian fraud in FSFE constitution
Reprinted with permission from Daniel Pocock
Worrying and Amusing Stories of "Clown Computing" Gone Awry
Many of these disasters could be avoided
Links 22/10/2025: Amazon Plans to Replace Workers With Robotics, AWS and Clown Computing in General Ridiculed
Links for the day
Gemini Links 22/10/2025: Niri Completely Changes Multitasking and Overview of Diff-ers
Links for the day
Links 22/10/2025: Study on Misinformation by Slop and Heavily Debt-Sabbled Microsoft OpenAI (ClosedSlop) Uses "Browser" as Gimmick/Distraction
Links for the day
They've Already Spent Close to a Million Dollars on Lawyers and Sent Us About 50 KG of Legal Papers (Sponsored by Mysterious Third Party) to Try to Censor Techrights, Without Success
They try to overcompensate with sheer volume for a lack of solid, clear arguments (we are the victims here)
12 Months Ago the 'Hulk Hogan of UEFI' Officially Went 'Tag-Team'
We're actually sort of flattered or proud that such despicable people are so desperate to censor us
"Cloud Computing" Was Always a Joke, But This Week Was the Punchline
Maybe stop following tech trends and fashions
"Cloud Computing" Does Not Mean Safety
Fault tolerance is related to the notion of software freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 21, 2025
IRC logs for Tuesday, October 21, 2025
The Fall of Windows: From Something to Nothing
Of course Microsoft will pretend everything is fine and "just trust the hey hi" (AI)