Bonum Certa Men Certa

Bad Patent Quality (and Software Patents) Good for Patent Law Firms and Trolls, But Not for Anybody Else

"Those in the West who pushed China to show more "respect" for patents must be feeling so proud of the progress that Chinese companies have made in this regard, and so pleased now to see Apple being sued in local courts using China's patent laws."

--Glyn Moody



Summary: Proponents of patent maximalism -- those to whom more patents would necessarily translate into higher income -- have led patent systems to the trap of losing sight of their original goals

THE concern we so often express about patent quality at the patent offices (notably at the EPO and USPTO) is a concern rooted in the very fundamentals of patent law. Patents were never meant to be granted by the millions on just about every trivial 'brainfart'. Complexity and scope constraints are cornerstones of this system. Without them, all we have is monopolisation and retardation of scientific progress. Academics have voiced similar views over the years/decades/centuries.



"Complexity and scope constraints are cornerstones of this system."The EFF has just named [1, 2] the latest "Stupid Patent Of The Month". We urge readers to look what kind of patents are being granted these days, in order to fully appreciate how wrong patent scope has gone. To quote the summary:

Our ongoing Reclaim Invention campaign urges universities not to sell patents to trolls. This month’s stupid patent provides a good example of why. US Patent No. 8,473,532 (the ’532 patent), “Method and apparatus for automatic organization for computer files,” began its life with publicly-funded Louisiana Tech University. But in September last year, it was sold to a patent troll. A flurry of lawsuits quickly followed.

Louisiana Tech sold the ’532 patent to Micoba LLC, a company that has all the indicia of a classic patent troll. Micoba was formed on September 8, 2016, just a few days before it purchased the patent. The patent assignment agreement lists Micoba’s address as an office building located in the Eastern District of Texas where virtual office services are provided. As far as we can tell, Micoba has no purpose other than to sue with this patent.


As is common. Trolls are the means.

As the headline suggests, what this patent is about is "Storing Files in Folders" -- nothing novel that wasn't already done well before computers. Why was this patent granted and how much will it cost to invalidate it? Trolls typically go after weak and vulnerable companies to whom settling would be cheaper than a legal challenge, hence the severity of wrong grants -- something which we believe routinely happens these days at the EPO, helping a new surge of patent trolls in Germany. Based on the latest figures, patent litigation also skyrockets in China, where there has clearly been a patent bubble (over a million patent applications last year alone).

"The spread of software patents to China is a growing issue, which is likely going to merit increased coverage of SIPO here at Techrights (Battistelli is mimicking SIPO)."AnJie Law Firm of Beijing, writing at MIP a couple of times in the past 24 hours (it was bumped up again this morning), chose the headline "Examination Guidelines amendments good news for patentees". As a reminder, starting today, China loosens restrictions on software patents (like the above) and this is terrible news for software companies. When patent law firms spread the lie that low patent quality is "good news for patentees" (rather than to themselves) they fool nobody except sites like MIP (which choose to actually print this tripe). Even if a software business chooses to pursue a patent and succeeds, it will not be good news. Patents are a two-edged sword and these businesses will get sued too. And who benefits from lots of lawsuits at the expense of businesses? Law firms like AnJie.

The spread of software patents to China is a growing issue, which is likely going to merit increased coverage of SIPO here at Techrights (Battistelli is mimicking SIPO). Recently, the EPO repeatedly promoted [1, 2] (publicly even) software patents in Europe.

Recent Techrights' Posts

Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
 
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role