Bonum Certa Men Certa

Law Firms Won't Improve Patent Quality Because Quality in Patenting Limits Their Ability to Sue (Profit Irrespective of the Outcome)

Michael Risch

Summary: A new paper (cited by Michael Risch above) asserts that choice of attorney matters to quality, but what the authors mean by high-quality attorney is one who knows how to secure low-quality patents, such as software patents

THE U.S. Patent and Trademark Office (USPTO) has returned to a leadership of patent maximalists (people who predate Michelle Lee) -- much like the European Patent Office (EPO) under Battistelli and António Campinos -- an issue we'll have a lot more to say about tomorrow. A patent office which disregards patent quality does not promote or protect innovation; instead it protects litigation. There's a tradeoff between defense and offense and some patents, due to their nature and their so-called 'owner', will never yield anything except lawsuits. There's some new coverage by Crain's Chicago Business regarding Motorola under the headline "patents provide the sword and the shield". It is possible to have a lot of patents and still not sue anybody.



There's also this new paper [PDF] from Alfons Palangkaraya (Swinburne University of Technology) and Elizabeth Webster (Swinburne University of Technology; The University of Melbourne - Melbourne Institute of Applied Economic and Social Research). The abstract says that they found "the ability to obtain patent protection depends not only on the quality of the invention but also on the quality of the patent attorney." To quote:

Failure to obtain a patent weakens the market position and production chain of enterprises in patent-intensive technology domains. For such enterprises, finding ways to maximise the chance to obtain patent protection is a business imperative. Using information from patent applications filed in at least two of the five largest patent offices in the world between 2000 and 2006, we find that the ability to obtain patent protection depends not only on the quality of the invention but also on the quality of the patent attorney. In some cases, the latter is surprisingly more important than the former. We also find that having a high-quality patent attorney increases the chance of getting a patent in less codified technology areas such as software and ICT.


Notice that last sentence. So in effect they consider an attorney to be "high-quality" if or he she can attain bogus patents on something like software, i.e. low-quality patents. Isn't that an inversion of the meaning of "high-quality"?

Professor Risch, who studied patent trolls in the distant past, has mentioned the above and commented as follows:

It stands to reason that better attorneys are better at turning patent applications into patents. Theoretically, better arguments about overcoming prior art, for example, will be more likely to lead to granted claims. But what about the quality of inventions? Maybe better patent attorneys just get better patent applications, so of course they have better success rates.

Measuring this is hard, but Gaétan de Rassenfosse (Ecole Polytechnique Fédérale de Lausanne) and four co-authors from University of Melbourne and Swinburne University of Technology think they have found the answer. Examining 1.2 million granted and refused patent applications in the US, Europe (EPO), China, Japan, and South Korea, they think they have the answer.


There are many overlooked aspects; for instance, different firms attract different kinds of applicants and what really matters is the reference implementation/application, not some words on a piece of paper.

Sadly, we've been seeing the transition here in Europe from innovation to litigation and from scientists to lawyers. The latter push hard for the UPC, but thankfully they are failing due to incredibly powerful resistance from those who know what's going on.

In relation to USAA, whose patent battles we've been repeatedly mentioning (e.g. [1, 2]) earlier this year, this law firm has just put out a "litigation webinar". Here's what they say:

CUNA members can now access a free recording of a webinar outlining the latest development in patent litigation brought against several credit unions involving remote deposit capture (RDC) technology. The live version of the webinar hit capacity, with 1,000 credit unions registering to attend.

A law firm representing USAA began sending out patent licensing demands to many credit unions in late 2017, alleging those institutions were infringing on a USAA patent involving RDC services.


They're a patent aggressor and the above firm makes money from the aggression; Nowadays the word "webinar" has come to mean marketing or advertising, e.g. for litigation giants. To them, "licensing demands" and lawsuits are a "product" or "service" and they have thus become an inherent part of the problem. They don't want patent quality; they just want lots and lots of patent actions, grants, lawsuits, injunctions, raids etc.

Recent Techrights' Posts

Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
 
Gemini Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025