Bonum Certa Men Certa

Michael Frakes and Melissa Wasserman Complain About Low Patent Quality While Watchtroll Lobbies to Lower It Further

New paper from Michael Frakes speaks of the USPTO's incentive to grant patents irrespective of merit (e.g. quality/prior art)

Michael D. Frakes

Summary: A new paper, composed by Michael D. Frakes and Melissa F. Wasserman, explains that the way things are working in the United States may mean that patent examiners have an incentive to grant low-quality patents -- the very thing the patent microcosm wants as it leads to increase in litigation rather than innovation

THE year is ending today and we have broadened our scope for observing news about software patents. Expect more next year than in the past year.



A couple of weeks ago this scholarly paper was published, but we have not noticed it until more recently (when the media mentioned it). We thought it's worth propagating the outline as follows:

Problem

There is general agreement that the U.S. Patent and Trademark Office issues too many invalid patents—those patents issued on an existing technology or on an obvious technological advancement—that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. However, there has until recently been little to no compelling empirical evidence that any particular feature of the patent application system causes the Patent Office to allow the granting of invalid patents, making it difficult to fully reform the patent system.

Proposal

Frakes and Wasserman build upon new empirical evidence to propose three changes to the patent system that would reduce the issuance of invalid patents: (1) restructuring the Patent Office’s fee schedule to minimize the risk that fee collections will be insufficient to cover its operational costs, while also diminishing its financial incentive to grant patents when collections are insufficient; (2) limiting the number of repeat applications that applicants can file for the same invention; and (3) increasing the time examiners spend reviewing patent applications.

Abstract

There is general agreement that the U.S. Patent and Trademark Office is issuing too many invalid patents that are unnecessarily reducing consumer welfare, stunting productive research, and discouraging innovation. In this paper, Frakes and Wasserman build upon new empirical evidence to propose three changes to the patent system that would reduce the issuance of invalid patents: (1) restructuring the Patent Office’s fee schedule to minimize the risk that fee collections will be insufficient to cover its operational costs, while also diminishing its financial incentive to grant patents when collections are insufficient; (2) limiting the number of repeat applications that applicants can file for the same invention; and (3) increasing the time examiners spend reviewing patent applications.


The EPO has, in recent years, been seduced into a similar trap. What is it that should be measured? What is the yardstick of growth? Is growth even necessarily desirable? This is about monopolies.

As longtime readers may know (some people have been reading the site for over a decade), we are not against patents. We are against software patents. We are pro-software copyrights (or copyleft). So the other day when we saw a British site stating that "Quiptel's technology and software patents will now drive the company's primary business focus" we were rather miffed. Why does Quiptel keep bragging about software patents? We have shown other examples in recent weeks. These patents are bunk and nothing to brag about.

"As longtime readers may know (some people have been reading the site for over a decade), we are not against patents. We are against software patents."Always remember that some of the heaviest lobbying for software patents comes from Watchtroll. So we have decided to watch it a little more closely in the coming year. Towards the end of the year this site/front group had mostly summaries/meta (e.g. [1, 2, 3]), but it also said: "In recent years, life as an IP strategist admittedly has been turbulent. Pivotal judicial decisions, the America Invents Act, and their application in the USPTO and the courts have been widely viewed as reducing the value of patents in the United States."

No, the America Invents Act (AIA) brought PTAB, which actually improved patent quality and increased the value of remaining -- not collective -- patents. The more bogus patents get granted, the lower the value of the whole on an individual basis. We explained this repeatedly in the context of European Patents (EPs) and the EPO.

"The more bogus patents get granted, the lower the value of the whole on an individual basis."As we shall show later today, Watchtroll carries on with PTAB bashing, courtesy of the patent microcosm's echo chamber (people who profit from lawsuits). Here is Watchtroll boosting Paul Morinville, one of the most radical among PTAB bashers. Isn't it incredible that some law firms and even IBM are willing to associate with such people?

By contrast, Juristat offered a more objective annual review and Mark Summerfield down under has shared some statistics and thoughts. Here's what he wrote yesterday:

The coming year promises to be another interesting – and potentially turbulent – one for the Australian patent system. Public consultations have already taken place in relation to proposed changes to patent (and other IP) laws in response to the Productivity Commission’s (PC) review of Australia’s IP arrangements. These changes include potential substantive amendments to the law of inventive step, while draft legislation has already been published in relation to other PC recommendations, including abolition of the innovation patent. It is likely that some, if not all, of these legislative changes will be passed during 2018.


This does -- among other things -- end software patents. They were never quite blessed by the system anyway, but now there are even stricter regulations in place (or rules in the Australian patent office) to prevent patenting of software. Australia seems to have gotten more serious about patent quality rather than quantity.

Recent Techrights' Posts

The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
 
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day