Bonum Certa Men Certa

The Enemies of the Patent System Are Patent Maximalists, Not Those Pursuing Saner Patent Policy

On Gene Quinn, who is unable to debate like an adult (and blocked me after he had lost the argument)

Gene Quinn: Patent Twit of the Week
Reference: Gene Quinn (Watchtroll): Patent Twit of the Week



Summary: Taking stock of some recent news and remarking (yet again) on the danger the patent system faces if it allows patent lawyers rather than inventors to steer/influence policy (as seen in Europe with the failed UPC bid)

THE concept of patents is a controversial one, but only if one considers patents on things like thoughts, genetics (nature) and other stuff which doesn't constitute an invention. There have been studies about cause and effect and they are quite critical of the status quo.



The USPTO didn't always grant hundreds of thousands of patents per year. That's not because back in the old days there was less innovation and barely any inventions. Now that the law 'industry' is large enough to have platoons of lobbyists there's a push to make everything a patent. That's a problem.

"Now that the law 'industry' is large enough to have platoons of lobbyists there's a push to make everything a patent. That's a problem."We never opposed patents on physical things. "According to the terms of the agreement," said Floor Daily, "the parties agreed that the CMC patents are valid and enforceable."

We're talking about floors here. That's physical stuff.

And here's another new example from a manufacturing company. It's understandable that they're pursuing more patents. This one from yesterday is about Siemens. "In 2017," it says, "the university filed 106 U.S. patent applications, had 57 U.S. patents issued and saw a patent licensing income of nearly $4 million..."

"A system that loses sight of the importance of patent quality will simply render itself obsolete, over time (perishing in the public mind)."Siemens sells physical things for the most part. This is why Siemens is rarely mentioned here, except when it promotes software patents (that happened a very long time ago and never since).

How about this bunch of reports from last week regarding patents on drones? To quote: "An earlier patent application was for drones to monitor growing conditions of crops and send data to stores about when, and from where, the produce might arrive, Reuters said. So far, Walmart has applied for 46 drone technology patents, most of them for delivery and logistics, and for use within warehouses to track inventory."

Replacing some farmers with drones so that billionaires like the Waltons can get richer even faster may be an ethical/moral issue (see this response to ‘Innovation Kills Jobs’), but not the patents themselves are an issue. It's too easy to conflate these two things.

The California Institute of Technology v Broadcom Limited et al, a case which was noted a few days ago in Docket Navigator, speaks of physical things and primarily pertains to collection of evidence right now, notably:

The court denied plaintiff's motion to compel the production of a clawed back deposition exhibit and found the document was privileged.


There's also FieldTurf USA, Inc. et al v Astroturf, LLC, which Docket Navigator highlighted last week when it said:

Following a $30 million jury verdict and defendant's filing for bankruptcy, the court granted plaintiff's motion to amend its complaint to add defendant's co-owners as defendants along with alter ego and veil-piercing claims.


Docket Navigator also focused on a damages case:

The court overruled plaintiff's objections to the magistrate judge's order partially striking the report of plaintiff's damages expert.


As longtime readers already know, we prefer to concentrate on patent scope rather than matters like damages and privilege. We occasionally see patent maximalists attempting to portray us as "anti-patents" even though we value patent quality, unlike those patent maximalists. A system that loses sight of the importance of patent quality will simply render itself obsolete, over time (perishing in the public mind). So one might think of us as guardians of the system's integrity rather than its foe. The same goes for copyrights. There's nothing wrong with copyrights per se, but the way copyright law has evolved is totally detached from the realities of the Internet, public interest, preservation, folklore/culture and distribution.

This coming weekend we'll write a lot about €§ 101 and PTAB, which helps enforce €§ 101 at scale. €§ 101 deals with elimination of patents on abstract things, such as algorithms.

Recent Techrights' Posts

Sonny Piers Finally Spills the Beans on GNOME Cover-up, Points Finger at Robert McQueen, Misusing "Defamation" to Silence Critics of Wrongdoing
Robert McQueen, who is extremely connected to Garrett (they share digital nests)
Techrights Was Months Ahead of "XBox" News (Mass Layoffs)
Next: end of XBox as a console
More Commentary on June 2026 IBM Layoffs and Why They Happen
It sounds a lot like what happened to the EPO
The Cyber Show: Remember That Code is Art
The article is very long, very profound, and speaks of "the next installation"
Only Days After Mass Layoffs in Microsoft's Azure There Are Headlines About Much-Expected XBox Layoffs
XBox as a console is basically dead or "fast-dying"
 
SLAPP Censorship - Part 104 Out of 200: Exactly Two Years Ago Brett Wilson LLP Humiliated or Weaponised Our Solicitor's Judaism in an Effort to Censor and Gag Us
dated 12/06/24
Half a Year Since Slopwatch Died
To Google's credit, it did manage to delist a lot of slopfarms in recent months
Links 12/06/2026: Science, Windows TCO, and More
Links for the day
"AI" 46 Times in One 'Article' Because The Register MS Got Paid to Push it
Today is just another opportunity to remind people that the slop bubble and GPU bubble are based on inauthentic fake 'journalism'
Gemini Links 12/06/2026: FTP and Gopher, Cluster Outage Postmortem After Cleaning by Wife
Links for the day
European Patent Office (EPO) Series: Transcending Partisan Rivalry in the National Interest
Up until now, Campinos has generally been regarded as a Portuguese "asset" on the international stage
Gratitude to Whistleblowers or Sources of Techrights
Whistleblowers are what makes journalism work
Links 12/06/2026: "NearlyFreeSpeech" No More, Openwashing by Google (DiffusionGemma)
Links for the day
Today There's a Massive EPO Strike (Like Every Friday), Workers Explain Further Cuts Despite the EPO Making More Income by Granting Illegal Patents (or Invalid Patents Illegally)
"Recent exchange with the Administration on the implications of the SAP on the Education and Childcare Allowance"
Communicating With Freedom - Part IV - Quibble Now in quibble.chat, Open for Contributions Via Codeberg
Today we continue the series about Quibble
European Patent Office (EPO) Series: The Importance of Having "Pals from the Palacete"
for his reappointment bid to succeed, Campinos will need to be able to rely on the support of both the Portuguese Prime Minister, Luís Montenegro, and the President of the European Council, António Costa
Cyber Show on How Updates or Upgrades Break Workflows, Even in Free Software
"We did a big upgrade on the AV production pipeline"
Discussions About IBM Layoffs in June, Including by RTO and PIPs
mass layoffs are becoming increasingly difficult to conceal
Gemini Links 12/06/2026: Decks and Work Essay
Links for the day
"Rolling Strikes" Continue at the European Patent Office, the Administrative Council Needs to Take Action Against Crooked Office Management
This coming weekend we'll talk about some of the other issues and concerns expressed by the union
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 11, 2026
IRC logs for Thursday, June 11, 2026
Links 11/06/2026: Disputes Over Copyright Infringement, Failure to Meet Climate Goals, "ChatGPT Caught Recommending “Products” That Are Just Scams"
Links for the day
Gemini Links 11/06/2026: Programmable Systems and Slop "is Coming for Your Serifs"
Links for the day
SLAPP Censorship - Part 103 Out of 200: Telling People What They Know and Don't Know About Death Threats They Receive
patronising letters sent on behalf of the Serial Strangler from Microsoft
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 10, 2026
IRC logs for Wednesday, June 10, 2026
Links 11/06/2026: LF Openwashing of Slop and "Azerbaijan Bans TikTok and Other Social Media Apps in School"
Links for the day
European Patent Office (EPO) Series: The Centre (in Portugal) Falls Apart…
Luís Montenegro became embroiled in a conflict-of-interest controversy
IBM Lost About 18% of Its "Market Value" This Month
In IBM's case, a lot of the latest "pump" was Arvind's "quantum" hype/fantasy
Gemini Links 10/06/2026: Signal to Noise, Cancer, and Permacomputing
Links for the day
Links 10/06/2026: More Microsoft Layoffs, Sweden to "Ban Mobile Phones in Schools"
Links for the day
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026