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

BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
How to Identify Demonisation or Dehumanisation Tactics Against Interesting Figures or Luminaries in Free Software
Rather than in general or generally in technology
We Should Learn From Bulgaria
Why can't European companies and government recognise and react to a threat (when they see one)?
Canonical: Ubuntu is GAFAM (US), We're Resellers of American Proprietary Software
They want people to pay for a licence
Links 03/02/2026: "Distraction is a Sin" and Fake "Encryption" (Surveillance With Good Marketing)
Links for the day
 
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day
IBM Falls by Over 10%
a recipe for disasters like accounting fraud
Links 03/02/2026: Windows Copies GNU/Linux, Windows TCO Shown Again
Links for the day
Gemini Links 03/02/2026: Alhena Turns One, Slop Rejected, and Max Roy Carrouges Recalled
Links for the day
Dr. Andy Farnell on Why and How European Authorities Can Adopt Free Software, Parenting in the Age of Digital Abundance
Will Europe use technology that Europe controls (not the hegemon), for a change?
Seems Like IBM Trolls Use Chatbots to Vandalise Platform That Discusses IBM's Secret Layoffs, Forever Layoffs
Not for the first time either
You Know Your Company is Dead or Basically a Pyramid Scheme When Jim Cramer Keeps Promoting Its Stock
How much does IBM pay for "puff pieces" or "fluff" about QC?
Red Hat (Under IBM) Works for Microsoft (Proprietary Software) and Slop
Yesterday Red Hat's official site, redhat.com, published exactly 5 new blog posts
IBM is Dying (More Layoffs), Red Hat Will Continue to Suffer From the Acquisition
Financial engineering
Colombia Adopting GNU/Linux Even Faster (at Microsoft's and Apple's Expense)
Do politics play any role in this?
An Effort to Tackle Slavery in 'Open Source' Clothing
"a civil rights lawsuit to examine the concerns of censored developers in the free, open source software ecosystem"
$15 billion lawsuit: Ubuntu, Google & Debian crowdfunding campaign launch
Reprinted with permission from Daniel Pocock
The Solicitors Regulation Authority (SRA) Delusion - Part II - Why We Need to Expose the SRA to More Daylight, Public Scrutiny
SRA is neither effective nor regulated
400-Page US Federal Court Against Abuses by Google, Microsoft and Front Groups That Abuse Volunteers for American Corporations
There are 386 pages in total (in the US claim)
Corporate Influence Never Impacted Us
There's no reason to assume we'll ever "sell out"
Growth of GNU/Linux in Cuba
Right now a lot of the world drafts or already implements a GAFAM exit plan
A Day After EPO Strikes an Escalation to Heads of Delegations to the Administrative Council
They rely on the European media playing along, helping them to hide major blunders, even crimes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 02, 2026
IRC logs for Monday, February 02, 2026
Gemini Links 03/02/2026: Stargazing, Development Boards, and Tcl/Tk Slop
Links for the day
Microsoft Lost 20% of Its Money in the Past 6 Months
Microsoft is hiding what's really happening while mocking critics
Great News, IBM 'Gained' Almost 10% in "Goodwill" Value After Firing Tens of Thousands in 2025
"goodwill" will be inflated despite IBM staff getting sick of IBM
Americans Move to GNU/Linux
some of the biggest American populations
I Still Like Drawing and Various Other Arts (They Help My Activism and Journalism), Slop is an Enemy of Creative People
Recognise that slop isn't intelligence; it's a generational excuse for plagiarism and privatisation of not only the Commons but also proprietary knowledge (without authorisation)
Carmen-Lisandrette Maris (Mission:Libre) Explains to Adolescents and Young Adults How Free Software Improves Privacy
Based on what we've seen and read, Mission:Libre has a solid grasp of Software Freedom
Chatbots Didn't Do Any Good for Microsoft
Google "AI" = search + copypasta
Links 02/02/2026: Cultural Cleansing by China and 'Living Behind Firewalls" in Iran
Links for the day
GNU/Linux Measured at More Than 4% in Russia
growing adoption of GNU/Linux in Russia
Gemini Links 02/02/2026: Stages of Age, Workflows, and Counting Capsules
Links for the day
Oracle's Debt Rose Over 20 Billion Dollars in Just 3 Months
Is "hey hi" becoming a synonym for debt?
Oligarchs' 'Speech Zones' Are Not the "Public Square"
The apologists of social control media, including press that got "addicted" to such fake "media", are helping dictators and oligarchs grab the public attention away from the real press
IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Links 02/02/2026: 'Melania' a Horror Movie "Will They Inherit Our Blogs?"
Links for the day
Doing More Detailed Series (Long-Form Works)
Long readings or book-like reading binges are only possible when parts are suitably labeled (name and numbers) if not interlinked
Mobbing at the European Patent Office (EPO) - Part II - Racism, Cocaine Use and White-Collar Corruption
When you hire people illegally, to work for cocaine users and keep quite about the cocaine use, what will be the impact on the reputation of an institution?
A Can of WORMS - Part II - Darkening the Name of RMS, Associating It With Crime
Beware projection tactics
Submit Your Suggestions for EU's Embrace of Software Freedom by Tomorrow
Time to leave GAFAM (US) hegemony behind
Slopless Weekend
This is not sustainable
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026