30 thoughts on “Patents Per Year: 2018 takes No. 2 Spot

  1. 7

    As to the second graph, a solid (and consistent) form of innovation (and a form most accessible to the non-wealthy).

    What possible reason could there be for anyone to take issue with promoting that type of innovation?

    1. 7.1

      What possible reason could there be for anyone to take issue with promoting that type of innovation?

      One really great reason is that handing out patents that protect logic and information doesn’t promote “better logic” or “better information.” Instead, it turns the use of logic and information into a liability, and it turns the patent system into a game for l0wlife attorneys.

      It’s odd that 101 doesn’t specifically list “logic” or “information” as patent eligible subject matter in spite of their obvious importance and primary, fundamental relationship to scientific progress (and other kinds of progress as well). Oh wait — maybe the absence of those s00per d00per important innovation-related concepts was (*gulp*) intentional?! And that would explain why Congress never talked about including them as eligible subject matter!

      Really nuanced stuff here.

  2. 6

    A quarter of the federal government will likely begin the new year out of work or working without pay. For the 380,000 federal employees on furlough and the other 420,000 working without pay, this means it’s time to start making plans for how to pay January bills without the promise of their next paycheck as part of the government remains shutdown.

    For the minority of these employees who voted for Preznit Lying R c i st P-ussy Gr@bber, all I can say is it I hope it hurts like he l l. You deserve every bit of the pain, and I pity your family members who aren’t yet old enough to kick you in the face.

    1. 6.1

      They always get paid when the government restarts. So for the vast majority of federal workers what this means is a paid vacation. (It does have the problem of the short term of not getting the pay check, but all the back pay comes with the first check after reopening.)

      And, usually they give special bonuses and considerations. Like if you were scheduled to work overtime you are paid as if you worked overtime even though you stayed home.

      S0—-reality–something MM has serious problems with—is that the vast majority of federal workers LOVE the shut-down. They are getting to spend the vacation at home knowing that they will get paid when the government restarts.

      1. 6.1.1

        You are letting facts get in the way of Malcolm’s pure political rant.

        (never mind why such rants have any place on a patent law blog to begin with — and not like this type of rant has not been expunged nigh countless times…)

      2. 6.1.2

        Federal employees don’t necessarily get paid. But there are usually enough members of Congress who view it as bad politics not to pass a law granting back pay, so the back pay has always been granted in past shutdowns.

        It’s the contractor employees who really get hosed.

  3. 5

    For a better perspective, see:

    link to patentlyo.com

    Note that the patent bubble is a still a bubble, in spite of the incessant whining about “not enough patents!” from the least credible and most narcissistic attorneys who ever walked the planet.

    1. 5.1

      Except when you include only inventions made in the US (there are huge numbers coming from China and other countries now that have masked the decline in US innovation). And except when you consider the increase in economic portion of the economy that has to do with technology.

      Reality–Alice/Mayo and the AIA have mortally wounded the patent system. Patent applications from US inventions are in the decline and will be for the next 10 years and the value of a US patent has dropped 80 percent. Reality.

    2. 5.2

      is still a bubble

      Especially when you ignore the fact that innovation begets innovation, and that we WANT the patent system to be “ever-expanding” because of the Quid Pro Quo of a duly granted patent brings benefits to both sides.

      The cognitive dissonance of one who supposedly works to create the very thing that he detests is on display.

      Yet again.

  4. 4

    How many of those issued patents are to inventions made in the US?

    My guess is that has been declining for years. Which means the anti-patent people have not only reduced the value of a patent by 80 percent, but also have reduced the number of patent applications from US inventions filed.

    The Chinese have been filing a lot of patents in the US, which masks the drop in the US invention filings.

    Watch out. If there is a recession expect 20-40% decline in patent application filings from US inventions. Also, curious about number of those patents from China as it may be something that could just be turned off overnight.

    (Please refrain from commenting MM. Please have your own comments. Peace.)

    1. 4.1

      My guess is that patent applications for US inventions will continue to decline for the foreseeable future.

    2. 4.2

      the anti-patent people

      It’s more like “people ;ike me who think that people like you are d00shb@gs”.

      After all, I’m a patent attorney. I’ve been in the biz for a long, long time now. I’ve met a lot of people. And people like you truly s u c k.

      1. 4.2.1

        Malcolm, the level of your cognitive dissonance – routinely displayed – and the degree to which you employ your number one meme of “Accuse Others” clearly indicates that the one that sucks here is you.

        You really should get into a different field, one in which you can believe in the work product produced (and not just any particular work product, but the whole notion of a private personal property for which others are excluded and the owner of the property can “grift” (or make money) or even simply not let others use the invention.

        There is an enormous play of the Adam Smith “Invisible Hand” concept in this arena of law, and your professed feelings/inclinations are very much at odds with the fundamental nature of exclusive rights.

      2. 4.2.2

        You are doing that thing that anon talks about all the time. You are speaking about yourself and not me. Thanks for being compassionate. People like you truly do su ck MM. You li e, you mis represe nt, you dis rupt, you pretend to understand tech nology you do not, you do not acknowledge well established facts, etc. Truly a mis erable person to have to deal with.

        Yes I have been doing this a long, long time.


          that thing that anon talks about

          You two make a wonderful couple. You also are the living
          (albeit virtual) proof of what I’ve been talking about for many years, i.e., the infestation of the patent bar by dull-witted and (frankly) nauseatingly greedy, hypocritical glibert@rian types who h0wl endlessly for more patents that are easier to enforce. Why? Because it’s a grift you became accustomed to.



            Weird the way you try to sex ual ize everything MM. Sick actually.

            Actually, —seriously–the way you se xu alize everything is a sign of an abuser. It is also a sign of a person that is likely to se xu ally harass coworkers.


              His number one meme is Accuse Others Of That Which Malcolm Does (is).

              This has been noted for at least the last five years – and nothing that Malcolm has done in the meantime has changed any of this.

              It seems as if he really thinks that if he accuses others of something, that he thinks that he can get away with doing that very thing.

              He is – and remains – this site’s single largest blight.

  5. 3

    Why not a new DNA company called doublesin spit that allows a cousin to spit in a tube and claim they are who they are not, later the real spitter does it too. So then as you continue to explain to a relative DNA doesn’t lie, it becomes futile trying to explain it to them how wrong they are, They tell you that you are crazy because what tree they see was one erected by an identity thief who did the spitting even before the real spitter spit. And finally NOW the truth comes out and all the damage done is recorded and also on paper. I guess 6 is going to get his wish, and so am I!

  6. 2

    Just as everything is detachable if you hit it with a hammer hard enough, everything is transitory if you wait long enough.

    1. 2.1

      Re: “everything is transitory.” So said Siddhartha 2600 years ago. But it shows why patent case law requires the meaning of words like “transitory” to “be read in light of the specification.”
      Re: the PTO requiring “non-transitory” to “save the world from claims to pure information.” It doesn’t seem to, and it was really intended to prevent claims to “signals” because of a Fed. Cir. decision on that.


          The illustrated 1998-2010 utility patent issuances are surprisingly flat, especially in comparison to the 2011-2014 rapid doubling.* Then comes a 2016-2018 flattening again.

          *Was that 2011-2014 rapid doubling due to applications escaping from Dudas reject-rejects and Board backlogs, examiner new hires, or other factors? [It seems unlikely to have been from increased new application filings during the major recession of 2008-2009.]


            Short answer is yes – those who could afford it (and the backlog of that era shows that many did afford it), fought against the Reject Reject Reject (and Tafas Claims Continuation Office power grab) era by “holding on,” which would normalize into an expected picture of innovation enabling additional innovation (as the patent system is meant to do).


            Maybe the micro entity status introduced by the AIA made applications affordable to more inventors. Does anyone has numbers of filing separated by applicant status?



              To your question, this is as explored earlier this year (when I raised caveats to some of the “simple” (but simply misleading) graphs being used on this blog.

              In fact, there has been a net increase over time of those designated as small inventors.

              As I recall, the rate of that increase though is smaller than the rate of most all other groups.


            Very little of it would be from increased filings, because we’ve always had a backlog which buffers the effect of filings on the number of allowances. (Arguably, there could still be an effect from that, since when applicants are pickier about what they file, the things that do get filed will tend to be the stronger stuff.)

            But the staffing numbers increased rapidly starting in 2006 or so, paused during the hiring freeze in 2011, peaked around mid-2014, and dropped off slightly since then. So I’d say the numbers you’re talking about largely reflect staffing numbers, both in terms of the total workforce and the increasing work expectancy due to promotions.

  7. 1

    The PTO continues to save the world from claims to pure information by asking applicants to limit information storage to non-transitory storage mechanisms.

    Correlation stored in a prior art book = not functionally related
    Correlation stored in a prior art programmable computer = like OMG totally functionally related

    US patent system = j0ke

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