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

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day