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

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
 
Gemini Links 21/11/2024: Alphabetising 400 Books and Giving the Internet up
Links for the day
Links 21/11/2024: TikTok Fighting Bans, Bluesky Failing Users
Links for the day
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024