02.04.18

Gemini version available ♊︎

Statistics Show That Motions to Amend Patents Are Rarely Successful (No Second Chance for Bad Patents)

Posted in America, Courtroom, Patents at 1:47 pm by Dr. Roy Schestowitz

Sign of success and failure

Summary: A look at some curious figures which serve to highlight the role played by the patent appeal board, PTAB, which cleans up the mess left for a number of decades due to lenient examination

THE bashing of PTAB aside, this past week we saw some interesting posts that aren’t pure lobbying.

Scott McKeown, for example, shared some statistics. The headline is a tad misleading because PTAB does not attack. PTAB defends. It defends from bogus patents. But here’s the key part:

Patent reexamination filings have fallen 86% since 2012. With the elimination of the popular inter partes patent reexamination option in 2012, an overall decrease was certainly expected. However, ex parte reexamination filings continue to drop every year. Only 191 ex parte reexamination requests were filed in 2017. This was the lowest number of ex parte reexamination filings since the mid-1990s. While an ex parte patent challenge is far less appealing to a patent challenger than a contested proceeding (AIA trial proceeding), and this factor has undoubtedly contributed to the decreasing numbers, patent reexamination and other post-grant proceedings of the Central Reexamination Unit (CRU) still provide unique rehabilitation opportunities for patent owners.

Andrew Williams also shared some statistics from PTAB. As it turns out, those begging to salvage their bogus patents by editing them have slim chances. As Williams put it: “Tellingly, the third chart shows the outcome of the 170 decided motions to amend in which substitute claims were proposed. In 156 of these cases, or 92%, the Board denied the motion. The four motions to amend that were granted outright represent 2% of all motions to amend with substitute claims that were decided, and represent a much smaller percentage of all motions to amend. The ten motions to amend that were granted-in-part represented 6% of the total decided. The Study included a separate spreadsheet that contained the data from the 275 trials. This spreadsheet explains in which post-issuance proceedings that motions to amend were granted.”

More statistics have, as usual, come from the PTAB-hostile Anticipat. PTAB fights back against patent maximalism, whereas Anticipat keeps speaking of “tricks”, e.g. “second trick is the examiner requiring narrower claims than is required by the law.”

To quote their post:

Patent Examiners are tasked with a daunting task of checking each patent application for compliance with all the patent laws and rules. Most importantly, the Examiner must show that the claims are not unpatentable, including being free and clear of prior art. And they must do all this within the time expectations that the USPTO offers.

Another Anticipat post (from a few days later) advocates tricking patent examiners for software patents. What they might prefer not to say is that even granted patents of this kind, once assessed by PTAB and courts, are pretty much worthless. The odds are high that they will get invalidated (the higher the court, the more likely this outcome).

The bottom line is, PTAB serves to discourage pursuit of bad patents. It should be respected for that, not mocked.

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