Bonum Certa Men Certa

The Quality of Patents Really Matters Because Without It the Patents Will All Lose Value/Purpose

Patent lawyers resort to pseudoscience that's intended to convince us that more patents would mean greater prosperity irrespective of these patents' merit

On too much of a good thing



Summary: In many areas, including software, patents are not necessary and in other areas (like energy/EVs) they should be limited based on quality/public interest and only prudently dispensed

THE QUALITY of patents granted at the EPO is declining sharply (EPO insiders say so), whereas many patents granted by the USPTO are nowadays being invalidated (while many applications are also being denied). Will the patent microcosm ever learn? It's overusing and misusing the patent system, apparently 'buying' examiners in pursuit of these nefarious goals.



People are starting to notice. The reputation of patents is, as a result of that, suffering. The same thing happened to copyright law after far too many term extensions (well beyond one's lifetime), resulting in widespread attitude that's copyright-hostile. The term "copyright maximalists" inspired us to come up with -- if not coin -- "patent maximalists".

One week ago TechDirt wound up reposting the EFF's latest "stupid patent" rant (about a patent from Facebook; see "Stupid Patent Of The Month: Facebook Joins The Online Dating Arms Race") and media associated with these circles bashed this patent lawsuit from 23andMe. To quote some bits:

Heredity is so hot right now. In 2017, the number of people who who’ve had their DNA analyzed for the purposes of tracing their genealogy doubled to more than 15 million. The largest of these direct-to-consumer companies, Utah-based Ancestry, tested two million people in the last four months of 2017 alone. But that’s still just a tiny fraction of the world’s population. Which means there are a lot more people out there who could be tested, and the company that woos them can use their valuable data to do other kinds of research and product development. There’s a lot more than just spit at stake.

[...]

The patent in dispute describes a method of analyzing regions of the genome shared by family members—dubbed “identical by descent,” or IBDs. The further back in time you go, the shorter and more spread out the long idententical stretches become. And that happens in a mathematically predictable way; IBD levels decay exponentially with each generation. Which means you can pretty easily determine how related two people are just by calculating the sum of the lengths of every IBD they share and the percentage of shared DNA in each one.

[...]

“This is a super ubiquitous technique that’s been around for a long time,” says Alicia R. Martin, a genetics researcher at the Broad Institute. She just published a study using IBDs to reconstruct how population size and disease rates in Finland changed over generations. “In fact, as more large-scale databases of genotypes and phenotypes are becoming available, it’s having a bit of a resurgence.”


This company is one that increasingly looks into the business model of patent trolls. It uses bogus patents that oughtn't have been granted. Will it get its way? We doubt it. Expect a settlement at best, but never a win.

The subject of patent quality has become a 'thing' in recent years (we didn't see it debated much beforehand). Several days ago Professor Michael Risch wrote: "I'm skeptical of measures of patent quality by claim language only, but I like how he has used office actions to validate the measure. I think people will have to study this to see how it holds up, but I think it's an interesting and creative first step toward objectively judging quality."

Well, the paper he's alluding to, a new paper from Jonathan H. Ashtor, says this (from the first paragraph of a long abstract):

I construct a measure of patent novelty based on linguistic analysis of claim text. Specifically, I employ advanced computational linguistic techniques to analyze the claims of all U.S. patents issued from 1976-2014, nearly 5 million patents in total. I use the resulting model to measure the similarity of each patented invention to all others in its technology-temporal cohort. Then, I validate the resulting measure using multiple established proxies for novelty, as well as actual USPTO Office Action rejections on grounds of lack of novelty or obviousness. I also analyze a set of pioneering patents and find that they have substantially and significantly higher novelty measures than other patents.


This sounds like borderline pseudoscience -- the kind of nonsense that convinced Battistelli that examiners can magically be replaced with computers. Some people out there, especially patent maximalists, even fancy using computer algorithms to automatically/autonomously generate new patent applications. They don't get it, do they? Do we want machines to write patents and then examine these patents too? What would be the point of such systems? Might as well smash this whole bubble. Always remember that public interest is a factor in patent policy and if the public no longer feels like patents serve their purpose (e.g. "innovation"), it will turn against them and demand change. The patent maximalists walk on a thin rope here and they will certainly fall if they keep pushing the envelope of maximalist agenda. EPO protests are sometimes organised by the public, not just workers.

Remember Stephan Kinsella, who turned against his own profession about a decade (or more) ago? He's still around and this new episode says: "Join Michael Malice as he speaks with American Intellectual Property Lawyer Stephan Kinsella on the current system of IP and how the implementation of its laws effect commerce, culture and society."

There are going to be a lot more 'Kinsellas' (dissenting against the patent system they came from) unless patent reason is adopted. There are nowadays patents which may, in fact, be detrimental rather than beneficial overall. How about design patents, which recently caused a big stir because of Apple v Sasmsung? We saw even Apple-leaning blogs/news sites dissenting against Apple's case and Apple's patents. In a bunch of long articles about car parts (related to the question of patents on designs) CCIA recently complained a great deal (bemoaning Apple v Sasmsung). Yesterday Reuters came out with this article titled "how carmakers hike spare parts prices" [1, 2] and here are some selected portions from the very long report:

Carmakers including Renault, Jaguar Land Rover and Peugeot have boosted revenues by over $1 billion in the past decade by using sophisticated pricing software, according to sales presentations prepared by the software vendor, Accenture, and other documents filed in a court case.

The software works, Accenture told prospective clients, by identifying which spare parts in a manufacturer's range customers would be content to pay more for, how much to raise prices by and which prices should not be hiked.

[...]

France's competition regulator said it had examined the software and did not see a reason to open a full anti-trust investigation, without explaining its thinking.

[...]

The software categorizes components as those "with or without 3rd party pricing supervision" -- prices monitored by specialist publications or insurers -- according to three client presentations seen by Reuters.

For example, in France, Securite Reparation Automobile (SRA), a group backed by insurers, measures car parts inflation and publishes this in the hope it will help exert downward pressure on parts inflation.


If it weren't for patents, other companies would be able to manufacture compatible parts and compete based on price. As long as designs are patented, however, there are barriers to competition and customers suffer the most. In fact, many cars will never be repaired at all because the parts are too expensive. This, in turn, harms the environment (less recycling, more manufacturing).

How about 3D-printing one's required parts? Well, this branch of technology has, for a fact, been held back for a number of decades because of patents. It's widely known that this entire field/domain saw little or no process until just over a decade ago. Another clear case against the patent maximalists? Surely, in this scenario, it's a clear-cut case. Here's a new article about "3D Printing Patents" and some very old patents (4,665,492-5,694,324; we've now nearly reached 10 million at the USPTO):

When you think of 3D printing, images of space-age shapes and maybe even a man named Chuck Hull get conjured up. Hull: the man widely dubbed as ‘the father of 3D printing.’ It’s true Hull - now 75 and still working as chief technology officer of 3D Systems - did patent a 3D invention in 1986, but two years earlier in the heat and humidity of Greenville, SC, the idea had already been born by Bill Masters.

Masters, who still resides in South Carolina, is widely known as the father of modern kayaking, founding and running Perception Kayaks from 1975 to 1998. It was on the banks of a kayaking trip that Masters began thinking about spitballs, of all things, that eventually led to 3D printing.

[...]

“I knew in my head and heart that 3D technology could transform the way we make things when I came up with it,” said Masters. “At that time, people in South Carolina looked at me as crazy because we had so little technology in the state. Now, South Carolina has transformed itself and crazy ideas are welcome here. I am proud to have been a part of my state's growth. Because of my state’s visionary leaders and entrepreneurial culture I was able to leap from growing up in poverty to success.”

His full list of patents related to 3D printing are: 4,665,492, 5,134,569, 5,216,616, 5,546,313 and 5,694,324.


These patents likely harmed progress in this field; the same goes for many drone patents, which are why personal drones only saw mass production less than a decade ago. Cases vary, considerations may vary also, but the pattern one can see is that over-patenting actually slows down innovation. How about these new examples regarding electric vehicles (EVs)? It's not hard to see why patents like these are only going to discourage adoption of environmentally-friendly things like EVs:

A new Patentsnap report reveals the leading jurisdictions and companies for electric vehicle related patent applications


These patents are going to price EVs out of reach.

Watchtroll great againThen there's the old question about drug patents, especially patents on drugs which can save lives rather than just enhance something. Patent extremists like Watchtroll have just unleashed this rant titled "The Myth of ‘Trivial’ Drug Patents" (never mind if taxpayers' money funds much of the discovery) and 5 days ago in Watchtroll ("IPWatchdog") the authors were bashing patent quality, engaging in pure marketing by (and for) Watchtroll himself (again a couple of days later) and spreading this pseudoscience, as usual (Watchtroll is very technology- and science-hostile a site). It is almost as though these people don't care about science and only about lawyering fees. Well, because they do... the latter... for a living. This is what we call pseudoscience:

In this article, I compute a “three-year grant rate” that shows the probability of obtaining a granted patent within three years of the first office action.


Basically, Watchtroll thinks it's about statistics (pendency for patents) rather than the pertinent patent at hand. It's rather worrying that some people still take this "Fox News of patents" site seriously. Yesterday Watchtroll attacked technology-friendly politicians again.

Recent Techrights' Posts

European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
 
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026