EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

01.12.08

(Software) Patents Degradation in the American and European Systems

Posted in America, Europe, Law, Patents at 12:32 am by Dr. Roy Schestowitz

“A patent is an artificial government-imposed monopoly on implementing a certain method or technique.”

Richard Stallman

It is worth stressing the fact that Microsoft used to fear software patents before it became a very large company. Many of us were taught that patents were intended to protect the ‘little guy’ whose inventions can be stolen and then commercialised by far larger companies, right? Now, if you look closely at what USPTO has become, here is what you find: [via digitalmajority.org]

You can patent pretty much anything these days as long as you’re able to pay for it. When I looked into obtaining a US patent several years ago I was told to budget $20k for the patent process (1-2 years), plus another $5k annually for “patent maintenance” if the patent was actually granted. Only then could I have the “privilege” of suing those who infringe on my patent – by paying outrageous attorney and court fees, of course.

Who benefits from this, other than large and wealthy corporations? Patent trolls, of course. To make matters worse, the level of their destruction is on the rise.

We reached the end of 2007. All the other blogs are reporting an overall decrease in IP litigation, a cutback from 2006, or are reporting the slightest of increases in patent filings from 2006 to 2007. That’s simply not true. By the real count — the number of defendants sued for patent infringement — 2007 was a record year. In fact, here’s my headline: “2007 shows a 30% increase in patent litigation over 2006, fueled by a 40% increase in the Eastern District of Texas.” And certainly from the number of patent cases brought by non-practicing entities and so-called patent trolls, it was a year that saw a tremendous increase in both the quantity and diversity of these entities.

It was recently shown that the number of patent applications are rising at the USPTO and there was even increased infusion of money going into it (whilst most other state budgets decline). As it turns out, Europe isn’t doing much better. [via digitalmajority.org]

In the past 25 years, the volume of patent applications at the EPO has quadrupled to reach 208,500 in 2006, and is expected to increase further. Much of this growth is attributable to the enhanced global activity of companies, to emerging economies such as China, India and South Korea buying into the patents system, and the increasing importance of new technologies, such as information and communication technology and biotechnology.

It truly seems like the patent systems around the world are getting worse (lower barriers) more quickly than they improve. Here is a new report suggesting the improvement of the European patent system [PDF].

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Google Bookmarks
  • Ask
  • Digg
  • Mixx
  • Slashdot
  • StumbleUpon
  • Alltagz
  • BarraPunto
  • blinkbits
  • BlinkList
  • Bloglines
  • blogmarks
  • BlogMemes
  • Fark
  • Gwar
  • Klickts

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Links 3/8/2020: Linux 5.8, GNU Linux-libre 5.8, Libinput 1.16, Rust 1.45.2, Julia 1.5

    Links for the day



  2. IRC Proceedings: Sunday, August 02, 2020

    IRC logs for Sunday, August 02, 2020



  3. [Meme] Is It Not a Layoffs Round When You Rebrand It?

    More and more Microsoft layoffs; but the media is hardly interested in reporting those and/or analysing the growing scale of the layoffs (about half a dozen rounds of layoffs this summer alone)



  4. IBM is Already Gutting Red Hat and Firing Employees Without Warning, Jim Whitehurst Isn't Even Using GNU/Linux

    The situation at Red Hat isn’t good, employee morale is very low, and yet — perhaps unsurprisingly — nobody seems to be talking about it (at least not in the mainstream media)



  5. Microsoft Lays Off Many More Workers in the Advertising Division/s and Terminates Products While the Press is Distracted by TikTok Rumours

    Microsoft is laying off a huge number of workers without properly reporting these and whilst exploring ways to divert attention away from those layoffs



  6. Links 2/8/2020: Wine-Staging 5.14, VokoscreenNG 3.0.5

    Links for the day



  7. IBM and the Bomb - Part VI: Diplomacy Replaced With 'Trade' (Money Over Politics), or How Watson Jr. Was Sold to the Public, in the Same Way His Father (IBM Co-founder) Sold His Business Relationship With Dictators Like Hitler

    Sometimes people are led to believe that corporations directly and indirectly run their country; judging by the events of 4 decades ago (IBM chief becoming the American representative in Russia/Soviet Union), this is hardly a new thing and it's not a myth, either



  8. IBM and the Bomb - Part V: Arms Control by Company That Profits From Nuclear Arms? World War II Mistakes Repeated?

    A decade after the end of the deadliest war his father died and two decades later he repeated the same mistake — the error of conflating business with politics, as if maximising revenue would miraculously achieve the best outcome for nations as well



  9. IRC Proceedings: Saturday, August 01, 2020

    IRC logs for Saturday, August 01, 2020



  10. Links 2/8/2020: Nitrux 1.3.1, Debian GNU/Linux 10.5 “Buster” and Wine 5.14 Released

    Links for the day



  11. [Meme] Privilege: When They're Born Into Money That Means They Know Everything About Anything

    Tens of thousands of nuclear weapons were in 'safe hands' because rich kid Tom was representing the United States in Russia (USSR at the time), having proven his skills by being born to the man who had met Hitler and made lots of money in the Third Reich



  12. IBM and the Bomb - Part IV: IBM's Watson Came Under Fire for Representing the U.S. in U.S.S.R./Russia With No Qualifications or Any Relevant Experience

    There was certainly resistance to "Mr. rich man" Watson Jr. becoming a US diplomat owing to privilege (born into the 'right' family) rather than experience and/or political track record, symbolising a sort of "revolving doors" phenomenon -- namely overlap between business and politics, or money and power, respectively



  13. IBM Loves Power (and Nuclear POWER, or Expensive OpenPOWER) More Than It Loves GNU/Linux

    As we noted last week, IBM is very close to Modi because it is moving a lot of its workforce to India and this can become a future liability to IBM’s reputation (or lack thereof) as a tolerant firm



  14. IBM and the Bomb - Part III: IBM's Watson Jr. Rose From Business V.I.P. to U.S. Ambassador in the Soviet Union During the Cold War (Which IBM Profited From)

    Like his father, who was IBM‘s co-founder and later president of the International Chamber of Commerce (ICC), which helped the Nazis, Watson Jr. entered US and international politics in his later days; recently-declassified documents show us his political legacy



  15. Donald Trump's Trash Against China Helps Prop up Microsoft Monopoly and Distract From All the Microsoft Layoffs

    Microsoft as a surveillance giant of the United States government isn’t a myth; it was first in the PRISM programme of the NSA (Bill Gates is a loud proponent of NSA surveillance), it took over European Skype under mysterious circumstances, and now it might be getting TikTok as a ‘gift’ from Donald Trump’s friends and the imperialists, in effect confiscating Chinese assets for full-spectrum dominance



  16. [Meme] Testosterone Patent Office

    When you're running an office that's barely diverse at all and you paint a misleading picture of it expect backlash



  17. The Criminals Who Run the EPO Are Exploiting Lesbian, Gay, Bisexual and Transgender People to Distract From Their Corruption and Crimes

    The misuse of social justice causes by corporate interests has become grotesque; more people ought to speak about the ramifications and object/work against this misuse, which mostly serves to obscure or distract from the biggest issues



  18. EPO Workers Are Losing Their Homes and Losing Their Time Off; It's All About So-called 'Production'

    As another wave of attack on labour rights, European Patent Office (EPO) workers turn their homes into their workplaces and they no longer enjoy any real breaks from work (they work all year around, sometimes until midnight and overnight); they’re supposed to be thankful and even happy as if António Campinos does them a favour by not firing them (at least not yet) and because there’s a health crisis they should be grateful for anything thrown at them (Benoît Battistelli + disaster = Campinos)



  19. IRC Proceedings: Friday, July 31, 2020

    IRC logs for Friday, July 31, 2020



  20. Managing IP Still Champions Fake 'News' for Team UPC

    Managing IP does not care about its reputation; all it cares about is appeasing its clients by spreading falsehoods and perpetuating baseless hope



  21. Links 31/7/2020: Sys Admin Appreciation Day, GTK 3.99, Alpha of Wayland's Weston 9.0

    Links for the day



  22. IRC Proceedings: Thursday, July 30, 2020

    IRC logs for Thursday, July 30, 2020



  23. Microsoft Banned *GPLv3 (It Would Have Done the Same Even in GitHub Had GitHub Not Already Hosted GPLv3-Licensed Projects)

    Techrights reproduces this decade-old article from RMS



  24. People Who Believe Global Warning is a 'Hoax' Are the Types Who Might Think Microsoft Really Loves Linux

    Facts don’t seem to matter all that much when the Public Relations ‘industry’ pays to push lies (and “Microsoft loves Linux” is among those truly laughable lies, which are valuable to Microsoft's long-term objectives and are therefore repeated endlessly in the media for maximal effect)



  25. [Meme] GitHub is Not About Sharing But About Giving... Everything to Microsoft

    Microsoft wants to meet your ‘meet’ (meat) and assimilate it as Microsoft’s own; why would anyone still be giving anything (code, bug tracker, CI etc.) to proprietary and centralised (controlled by Microsoft) platforms in 2020? It’s a trap, as even the logo serves to suggest (octopuses putting their tentacles all over you and crushing you with their mouths).



  26. Bill Gates Calls the Chinese 'Pirates' (But He's Simply Projecting Again)

    The world's "most generous" person (according to publishers whom this "generous person" pays to write this) is saving the world from "pirates" (but not the ones in Somalia, just poor people in places like China)



  27. Microsoft Needs Linux (More Than GNU/Linux Needs Microsoft) for the Same Reason a Drowning Person Needs 'Revenge'

    There’s this persistent notion, based upon a deliberate lie (which Microsoft pays the media to perpetuate), that Microsoft has ‘come around’ and magically learned to “love” the competition (as if Ballmer and Nadella are opposites when they’re in fact friends and longtime colleagues); it’s obviously just a phase of a very old strategy and some out there are still in denial about it (this denial is being encouraged by the bribed publishers, notably the mainstream media)



  28. [Meme] It Was Only a Matter of Time All Along

    Taking boot level control away from computer users was a bad idea all along; giving Microsoft control over Linux booting was the icing on the cake (having to ask Microsoft for certificate/permission), not to mention an FSF award for it



  29. IBM and the Bomb - Part II: How IBM Sneaks Into Positions of Power (and Nuclear Power, Global Superpower, Nuclear Weapons)

    We remind readers of the role IBM played in unbridled armament (from which it profited a lot) whilst also picking diplomatic roles in the American government



  30. Karma or Hubris? Is #TorvaldsWasRight a Thing Now?

    Techrights did not forget how UEFI 'secure' boot came into kernel space; This proposal came from Red Hat and then foisted/pushed onto Linus Torvalds by at least 3 Red Hat employees (the mainstream media blasted Torvalds for his response to this 'offensive' technical move by Red Hat, helping Intel and Microsoft control silicon at CA level)


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts