Bonum Certa Men Certa

Patent Prosecution Highway: Low-Quality Patents for High-Frequency Patent Aggressors

Patent Prosecution Highway
Reference: Patent Prosecution Highway



Summary: The EPO's race to the bottom of patent quality, combined with a "need for speed", is a recipe for disaster (except for litigation firms, patent bullies, and patent trolls)

Patent Prosecution Highway (PPH) is not an EPO thing but an international thing (WIPO et al). The USPTO, for example, has that too. Nevertheless, the EPO's blind embrace of PPH -- more so in the midst of rushed patent examination -- gives room for concern, especially with UPC being on the agenda. It's like litigation, not justice, is on the priority list. Patent trolls must absolutely love that.



"...the EPO's blind embrace of PPH -- more so in the midst of rushed patent examination -- gives room for concern, especially with UPC being on the agenda."IAM has just published a sponsored piece* for the patent microcosm in Brazil (Battistelli has some cooperative deals with Brazil, e.g. PPH/validation). What good are patents from Brazil? This has become a subject of great concern because Brazil is possibly copying INPI (France/Battistelli but also the Brazilian Patent and Trademark Office) and may soon grant a patent for every single application. Quality control? Naaaaa... who needs that? Just call an "emergency" and grant everything.

Battistelli's EPO is becoming more like INPI (France) over time. Yesterday we saw a whole class of patents getting invalidated (again, just like last year) and lack of proper examination will certainly destroy the value of Brazilian patents/European Patents. A few days ago IAM published this so-called 'report' titled "Pulling the plug on INPI’s patent backlog" and to quote:

The government is expected to launch an emergency measure to eliminate the Brazilian Patent and Trademark Office’s (INPI's) patent backlog by automatically granting 231,000 pending non-pharmaceutical applications. The proposed rules for implementing the new measure were made available for public comment in early 2017 – the deadline to provide comments was August 31 2017.

INPI officials recently held that certain proposals made by local associations could complicate the process.

While it is difficult to know the precise details and timing for this measure, companies may soon need to deploy a short-term strategy – as short as 90 days – to mitigate potential risks and take full advantage of the new system (eg, using the proposed opt-out system for selected applications and filing pre-grant oppositions against competitors). Companies should also consider entering the national phase of Patent Cooperation Treaty applications before the 30-month deadline; likewise, Paris Convention filings should be made whenever possible.

The INPI implied that no other viable option could solve the backlog in the short term. All pending non-pharmaceutical applications filed before the emergency measure is published and becomes effective should be covered.


Too great an abundance of patents would defeat the whole purpose of a patent system, which is merit-based. It would also help frivolous litigation skyrocket. And speaking of litigation, look who gets priority; it's those who litigate. That's what PPH is all about.

A few days ago Lexology carried this article which acted as a sort of EPO puff piece. To quote:

The Canadian Intellectual Property Office ("CIPO") recently announced a three-year extension to its pilot Patent Prosecution Highway ("PPH") agreement with the European Patent Office ("EPO"). Notably, the previous requirement for an application to have entered the Canadian national phase on or after January 5, 2015 has been lifted. Applicants with applications that were previously considered ineligible for CIPO-EPO PPH due to this date restriction may wish to consider if their applications could now qualify for expedited treatment, bearing in mind that examination must not yet have commenced for an application to be PPH-eligible.


A CIPO-EPO PPH agreement that would speed up examination is not necessarily a good thing or a selling point. It overburdens examiners, potentially making examination a lot more error-prone. Who wants a bogus patent that would never survive in court? Instead of focusing on patent quality, accelerated examination is intended to facilitate patent aggressors (let's face it, SMEs are more likely to settle outside the courts, so they would suffer the most). Combine PPH with already-declining patent quality at the EPO and what we have is a surge in oppositions (i.e. more burden for EPO staff) and a decision like yesterday's (which devastated Broad). ____ * IAM appears to have just renamed "international reports"; now it's called "industry reports" (paid, self-promotional placements) and in addition IAM's placements get reposted elsewhere. Here's a new example. "This article first appeared in IAM" it says at the very bottom.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter
Gemini Links 07/05/2024: Music Spotlight and Network Knobs
Links for the day
Only Weeks After Microsoft Closed Offices and Studios It is Closing Several More (Many Layoffs, Still Deeply Debt-Saddled)
When the sad news writes itself
Bolivarian Republic Of Venezuela: GNU/Linux Reaches 9% (ChromeOS Included)
Venezuela must have lost interest in some American proprietary software when users were locked out of their own data (Adobe) and the costs could no longer be justified
[Video] Microsoft is Like Big Oil, Big Tobacco, and Other Perpetrators of Fear, Uncertainty, Doubt/Fear-mongering
openwashing, Microsoft lobbying, and Microsoft subsidies (e.g. bailouts in the form of 'defence' contracts)
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day