Summary: While US patent number 10,000,000 did, in fact, get issued (several days ago) there are un-ignorable reminders that a lot more patents exist and the high number says more about neglected quality than actual, objective success

THERE has been plenty of discussion lately about patent quality at the EPO, but how about the USPTO? We are trying to be optimistic and assume positive intentions; it looks like whatever Iancu's views are (to be revisited later this weekend), it's down for US courts to determine patent scope.

"The USPTO actively participates in this hype."As we noted some days ago, media of patent lawyers (or connected to them) glorifies the number of US patents irrespective of their relatively low quality. Days ago these reached 10 million in number. So what? As Tom Cowan put it on Twitter some time ago: "How symbolic would it be if patent 10M is cancelled in an IPR? I think that would make ⁦ @IP_Hulk⁩ mad!! https://10millionpatents.uspto.gov/"

Notice the (sub)domain name? The USPTO actively participates in this hype. As if it's all about quantity rather than quality. A lot of patents not yet revoked in IPRs just hang in there pretty much worthless, as the patent assignees know they'd lose their patents if taken to court. In other words, not many people with patents actually believe in their patents' validity anymore. They probably don't want to find out that these are bunk and prefer for them to just reach the expiration day 'safely' (without challenge).

“Technically speaking, patent 10,000,000 isn’t the ten millionth patent, or even the ten millionth utility patent.”
      --Josh Landau (CCIA)Media of the patent microcosm participated in the hype over "10 million". Renae Reints did in in Fortune and CNN disseminated similar nonsense [1, 2], calling these patents "trophies". CNN Wire was then conflating patents with innovation in a special feature. But we didn't actually find much media coverage other than that, except in niche blogs.

Josh Landau (CCIA) said: "Technically speaking, patent 10,000,000 isn’t the ten millionth patent, or even the ten millionth utility patent. There are around 700,000 design patents..."

"There aren't that many real inventions, it's just a system gone awry."Dennis Crouch was making a big deal over a number, having lobbied for patent maximalism for ages. And prior to that he wrote: "Some readers will notice that no patents issued yet today, Tuesday June 19, 2018. Do not worry though, the PTO has delayed the issuance until 9:00 am EST so that the release of U.S. Patent No. 10,000,000 can be done while the masses are awake."

Did these people actually party or something? Curiously enough, even patent extremists such as Watchtroll did not post anything about it. We expected a lot more hype, as people started mentioning this so-called 'milestone' several months ago as though it was the approaching Second Coming.

Donald Zuhn wrote "USPTO Issues U.S. Patent No. 10,000,000," but so what? There aren't that many real inventions, it's just a system gone awry. See what Professor Bessen wrote the other day. The patent ‘industry’ has abducted the patent system, which now needs to reform or otherwise reboot. For crying out loud, they’re patenting thoughts and life/nature nowadays. We shall cover that separately. ⬆