In the patent case between BlackBerry maker Research In Motion (RIM) and NTP the quality now stands at 87% poor quality as the patent office has now rejected 100 percent of the claims of the first seven of eight NTP patents it is reexamining. (See also: Why Research In Motion won't blink)
It has many times been estimated that between 60% and 95% of information/mental process patents granted by the United States Patent and Trademark office are of poor quality. A poor quality patent is one that would not stand up against adequate useful, novel and unobvious tests in court. Software and business model innovators believe that where the patent office can not ensure the vast majority of patents in a given subject matter are of high quality that patent monopolies should not be granted at all.
While the quite successful and rich RIM can defend themselves against the illegitimate patents that represent the vast majority in software and business models, the vast majority of innovators do not have the legal resources to do this. It is incumbent on the Canadian government to fix this problem by updating the patent act to either rid us of poor quality software and business model patents, or enact statutory exemptions of this subject matter from patentability.