Bonum Certa Men Certa

Abundance of Patents is Not the Goal, Quality of Patents is the Goal

Patent lawyers don't see it that way

if all you have is a hammer, everything looks like a nail Reference: "If all you have is a hammer, everything looks like a nail"



Summary: Inability to comprehend the nature of patents as double-edged swords leads to confusion which is actively promoted by those who profit from this confusion and reduce society to an endless cycle of litigation rather than cooperation

THE following thoughts and corresponding articles are about the US, but lessons from these are equally applicable to the EPO, where the quality of patents is totally out of control (number of patents granted allegedly rose 40% in just one year!).



"We have been writing about a vicious war between the interests of law firms and the interests of the industry at large -- something which in Europe culminates in the battle over UPC."In the eye of a patent lawyer, more patents mean more business and more business means more personal wealth (for the lawyer at least). But at whose expense? Where does the capital come from and and where is the value creation, so to speak? We have been writing about a vicious war between the interests of law firms and the interests of the industry at large -- something which in Europe culminates in the battle over UPC.

Is overpatenting desirable?

Are many disputes desirable?

"Granting lots of crappy patents does not make one a "powerhouse" but a fool who serves the patent microcosm."How about lawsuits, injunctions, patent thickets and the monopolies these tend to guard?

Yesterday we found this new article titled "The surprising rise of China as IP powerhouse" -- an article which for the most part admires China's patent bubble. This whole article is a colossal mess and quite bluntly nonsensical. Granting lots of crappy patents does not make one a "powerhouse" but a fool who serves the patent microcosm. The only reason the patent microcosm in the West keeps mentioning China -- a retreat or reduction of all arguments to just "China!" [1, 2] (the talking point about China is that it grants a lot of patents and is hence "leading") -- is that it envies the future of Chinese patent lawyers, even if this vision dooms China'a large producing industry.

The notion that companies need to stockpile patents is typically promoted by people whose occupation is just that. They try to justify their own existence and rationalise their never-ending salary (from companies that create dedicated, in-house 'IP' departments). Uber, which was recently sued by Google, must be foolish enough (or misinformed) to believe that stockpiling patents by purchasing is a good idea, but watch what IAM wrote yesterday. Incredible! What can they possibly do? Sue Google in retaliation? Nobody would win in such endless litigation battles except law firms, as usual.

"The notion that companies need to stockpile patents is typically promoted by people whose occupation is just that."Following AIA the United States went from attempting to maximise patents and litigation to trying to reduce them. This means invalidating in bulk a lot of existing (previously granted) patents and discouraging litigation, primarily but not limited to troll litigation. Suffice to say, the patent 'industry' is up in arms over it. It spreads malicious (and false) rumours about officials who are responsible for it, it creates "task forces" to lobby, it misleads politicians about it and maybe pays (bribes) some of them too.

Just watch last night's Patently-O links from Anthony McCain, half of which were about PTAB, which Patently-O is trying to slow down in spite of steady and healthy growth (covered here last night). PTAB is reducing the number of patents by crushing the bad ones and setting an example. Who could possibly object to that?

"The more patents PTAB invalidates, the better. But the way the patent 'industry' sees it is warped by its greed (desire for money, not science/advancement), which necessitates more and more patents."Watchtroll, which habitually attacks PTAB, is cited as saying that the rules need to be changed, making PTAB a lot less effective. It's being masked as "improvement" (to quote: "By adopting these improvements to the IPR process the system will become fairer, afford patent owners more due process, and protect patent owners from harassment and hardship while still fulfilling the statutory mandate to provide an alternative forum for administrative resolution of validity challenges."), but it's actually the very opposite of improvement. The Shire case, a famous PTAB case, is recalled in another blog of the patent microcosm and the USPTO is then accused of misleading about PTAB numbers, as if PTAB's justice should be measured by the percentage of cases affirmed or reversed (PTAB is usually petitioned to look into already-dubious patents, so reversals, i.e. invalidations, are to be expected). To quote:

Currently, the USPTO measures decision outcomes of ex parte appeals in three different ways: affirmed, affirmed-in-part, or reversed. This is highlighted by the USPTO’s recently released statistics on outcomes of ex parte appeals for FY2017. These stats show that the Patent Trial and Appeal Board (PTAB) very frequently upholds Examiners on appeal, with a 55% affirmance rate. This rate is consistent with previous years’ affirmance rates. These affirmed rates suggest a job “well done” by the USPTO. However, the way the USPTO counts affirmances yields counterintuitive and misleading results, especially with cases involving multiple grounds of rejection. Indeed for accountability purposes, this way of measuring appeals cloaks the USPTO’s Examining Corps failures.


The more patents PTAB invalidates, the better. But the way the patent 'industry' sees it is warped by its greed (desire for money, not science/advancement), which necessitates more and more patents. Just like weapons manufacturers always crave for more wars, conflict, instability, and arms races...

Recent Techrights' Posts

Oligarchs and States Always Attempted to Obstruct Efforts to Expose Their Corruption
We commend the administrator who consistently and adamantly defend the freedom of speech
GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
 
Links 12/01/2026: Vista 11 Exodus and Famicom/NES Game
Links for the day
Links 12/01/2026: Twitter (X) Being Blocked in More Countries, PTAB Besieged by Cheeto Appointees (Bad Patents Getting Through)
Links for the day
Links 12/01/2026: Brussels Plotting Exit From GAFAM (US), Carole Cadwalladr Explains "Peter Thiel's New Model Army"
Links for the day
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day