Bonum Certa Men Certa

Patents Roundup: Symbian Derails UKIPO, Monopolists Try to Ruin Indian Law

United Kingdom



There is some sad (or outrageous) news about what has happened in the UK. As scandalous as it may seem, software patents were pushed a step further into enforceability in the UK. Glyn Moody, a mathematician, explained why this is utterly ridiculous.

...[A]llowing physicists to patent the laws they discover, or the theorems that mathematicians prove. The point is, software is not "closer to a mathematical method", it *is* a mathematical method, or rather a concatenation of them.

All this juridical "on the one hand" and "on the other" in the interests of "balance" does not change this. The current decision is seriously bad news, because it opens the door to even more weaselly patent applications that contort themselves into the magic position to gain the favour of whichever Jesuit is on duty that day.


There is a lot more coverage of this, including:

Times Online: Court ruling strengthens patent protection for UK software

Technology companies will find it easier to safeguard their innovations in the UK after a court ruled that software should receive wider patent protection.

The Court of Appeal said today that complex software such as programmes designed to make mobile phones and computers work faster can be patented in the UK.

Previously, manufacturers could claim commercial exclusivity for their products under copyright laws but had less legal protection for underlying technical processes.

As a result of the ruling, developers are likely to find it easier to secure approval from the UK’s Intellectual Property Office (IPO), which has traditionally been reluctant to grant patents to cover software.


IAM: Court of Appeal delivers a software patent boost in the UK

Companies looking to obtain and enforce software patents in the UK received a boost today when the Court of Appeal ruled against the UK IP Office in its appeal against a decision of the High Court in the Symbian case. The High Court had overturned a UKIPO decision not to grant a patent to Symbian for an accelerator relating to iPods, mobile phones and computers.


Here is what a legal firm said:

Today’s Court of Appeal decision on the Symbian case has affirmed that the UK and European approaches to software patentability are fundamentally compatible. This upholds a High Court decision which had overturned the rejection by the UK-IPO of an application to patent “Mapping dynamic link libraries in a computing device”.


The prolonged mission to ruin more patent systems makes gradual progress. These laws are incompatible with Free software and Nokia should be ashamed of itself for doing what it does (not for the first time).

India



We recently summarised the developments in India and showed how Microsoft's potential trolls had invaded India and signed some patent deals there. Microsoft has shown that it is determined to break the Indian law by applying for software patents while at the same time lobbying to change the law to permit this. Here is an unnerving update.

Arguments on why section 4.11 of the Patents Manual needs to be modified.

3. There are now attempts being made in India to bring in software patents using either the EPO or the USPTO practice. This attempt is being supported by a small number of large international software companies, who had earlier benefited from software being free from patents and are now trying to obstruct others who are entering the field. It is not in the interest of India's software industry to have restrictive patent regime, particularly as they switch from being service providers to product developers.


There is some more information here, under the very same Web site.

After introductions by Sunil Abraham of CIS, the discussions were kicked off by Sudhir Krishnaswamy (an Assistant Professor at National Law School), who spoke about typology of laws; principle-based arguments for excluding software from patenting; policy-based arguments for the same; and lastly, strategies for combating the patent manual. About the rationale behind excepting software ("computer programmes per se") from patentability, he theorised that given the location of "computer programmes per se" in section 3(k) of the Act, surrounded as it is by "mathematical or business method" and "algorithms", the exception seems to be a principle-based one and not a policy-based one. He also talked about what he saw as the practical realities of the Patent Office, and questioned the role the Draft Manual would actually play in the decisions of Patent Examiners.

He listed out economic arguments as:

1. Inapplicability of the incentive arguments. The software industry does not need patents since copyright covers software, and even if incentives are required, that is incentive enough; 2. Return on investment. Short shelf-life, and hence 17-year patent terms are irrelevant when the shelf-life is so small; 3. New intermediaries are created, who are neither producers nor consumers of software. These intermediaries who help in price-discovery. They discover value in patents which were previously thought neglected by the process known as patent trolling.


BT turns out to be among the culprits there as well.

UK-based telecom major British Telecom has filed a patent application in India for its invention computer telephony system, which could make a phone call through internet more secure, a development particularly more useful for call centres.


The following article presents another summary of the recent events. [via Digital Majority]

In August this year, the US Patents and Trademarks Office granted Microsoft ownership of “page up” and “page down”. So in theory, no other company can scroll without permission and acknowledgement to Microsoft in monetary terms.

A number of seemingly ubiquitous software ideas have been patented: the use of tabs to shift from one hyperlink to another on a web page, the “Add to Shopping Cart” function that appears on every online store, automated online loan requests, and even reducing image size to make a webpage load faster.

“Most companies register defensive patents to protect themselves, not offensive ones,” said Sunil Abraham of Centre for Internet and Society. “Not many actively pursue patent infringement, but it is still very scary for a small-time entrepreneur.”

At a time when the Indian Patent Office is in the process of putting together a new Manual of Patent Practice and Procedure, the Centre for Internet and Society is holding a one-day consultation on the issue of software patenting in the city. Participants include the Delhi Science Forum, RedHat, IT for Change, Open Space, as well as the Alternative Law Forum.


Signs That "Intellectual Property" Has Gone Patently Absurd



How broad should Intellectual Monopolies be? Is American society a sensible place to be in when just sketching something becomes a crime? [via Glyn Moody]

Keene Valley resident Jerilea Zempel was detained at the U.S. border this summer because she had a drawing of a sport-utility vehicle in her sketchbook.


In some cases, photography is forbidden too. It's due to "Intellectual Property".

Patent Trolls



One problem that is not going away is the trolling, which according to Rick Frenkel, is increasing. Here is Facebook being hit.

PA Advisors, LLC is an arm of Erich Spangenberg’s patent-holding empire. Its job is to assert U.S. Patent No. 6,199,067, which claims the use of user profiles in Internet search; it was used to sue Google, Yahoo, Facebook, and several other smaller players in November 2007.


Yesterday we complained the poor coverage of software patents in ECT. Well, here is their very latest about patent trolls.

Matsuura describes modern-day patent trolls as companies that primarily own a portfolio of patents but manufacture or market nothing. They exist primarily to seek out financial compensation from firms that infringe upon their patents.


The guy whom they cite, Jeff Matsuura, has an iffy name in some circles.

Campaigns



Hope for change comes from campaigning. In contrary to this, wealthy companies use money and lobbyists to make the laws more perverse. The Zen Partners Web site has mentioned the World Day against Software Patents.

A global petition designed to raise awareness of software patents has been launched September 24 as part of the World Day against Software Patents. Currently in draft format, the petition includes information about how software patents can affect business, research and development.


Here is another interesting one.

Software Patents: A Time for Change?



Over the years, nearly all limits to patentable subject matter in the U.S. have been removed by the specialized patent court without input from Congress, empirical evidence to justify its decisions, or consideration of values and principles outside of the patent system. Problems related to software patents have sparked calls for patent reform here in the U.S. and have driven efforts to reject legislation authorizing US-style software patents in Europe.


The EFF also continues its patent-busting project with this new target.

he Electronic Frontier Foundation (EFF) is challenging a bogus patent on Internet music files that could stifle new innovations in online music distribution. Seer Systems was awarded this illegitimate patent for a system and method for joining different musical data types together in a file, distributing them over the Internet, and then playing that file.


Good insights from a reader are probably worth including at end this quick digest.

Here is part of an old judgment: "it would be somewhat arbitrary and unfair to discriminate against people who invent programs which improve the performance of computers against those who invent programs which improve the performance of other machines. However, as against that, what goes on inside a computer can be said to be closer to a mathematical method (which is, of course, not patentable by virtue of art 52(2)(a)) than what goes on inside other machines."

"I don't understand the difference between "computers" and "other machines"," says the reader. "And people do not "invent programs," they "write programs."

"Freedom of expression cannot be limited by patent law but freedom of expression is not enough because the patent guys will say "fine, you can have your freedom of publication." But there is still patent infringement when you run it into a piece of hardware: "Any problems caused in the context of patents in the field of IT, in particular in conjunction with OSS, might be solved by carefully redesigning the effects of granted patents, preserving freedom of expression when software code is exchanged over the internet as long as the computer program code isn't matched with the desired processor for production operation.""

Comments

Recent Techrights' Posts

The Free Software Foundation (FSF) Has Un-cancelled the Best People, Just in Time for the Big 4-0
Mr. Oliva should have been there all along (since 2019)
Most "Modern" Technology Makes You Slower and Dumber
Because proprietary software makes you worse off
"What Comes After Free Software?" Wrongly Insinuates We've Reached the Goal (Prison is Not the Goal)
The oil tycoons use similar tactics against environmentalists, giving them fake "wins"
Making More Work Space
I learned the hard way that less is more in circumstances where more means distraction
MAHA is a Lie, Public Officials Never Valued Citizens' Health (They Still Value Private Businesses, Their Sponsors)
Reject demagogues
New Techrights Turns 2
Today starts the third year of the SSG-based Techrights
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
 
Links 23/09/2025: Japan Limits Uses of Skinnerboxes ('Smartphones') With Toxic "Apps", Fentanylware (TikTok) Tapped by "MAGAts"
Links for the day
Brett Wilson LLP Has Just Been Sued (by Their Own Clients!)
Vladimir and Alla Yanpolsky sued Brett Wilson LLP in BL-2025-001167 at the end of last week
The Complaint About Brett Wilson LLP - Part II - UK SLAPPs for Americans, SLAPPs for Profit
Brett Wilson LLP has a track record of this kind
Mayday: Optus emergency calling crisis
Reprinted with permission from Daniel Pocock
Links 23/09/2025: Massive Data Breach, Slop Versus Productivity, and Vista 11 Update Breaks Things Again
Links for the day
Code of Censorship
Extortion is peace
Free Software Foundation (FSF) Has a New Press Kit for the Weekend After Next Weekend (40th Anniversary)
miles better than social [sic] media [sic] quips, moderated by narcissists and oil tycoons.
Microsoft Had Two Waves of Mass Layoffs This Month (That We Know of) and It'll Get Worse for Microsoft Soon
Will the axe fall again by month's end?
Gemini Links 23/09/2025: Happy Equinox, Photronic Arts, and Perception Cognition
Links for the day
Lessons We've Learned After 17 Years of American Hosting
GAFAM is "all-in" with the "Trump agenda"
Back to Normal Now, We Plan to Do More In-Depth Series (or Multi-part Stories)
Articles (or series thereof) that contain philosophy are important to us
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 22, 2025
IRC logs for Monday, September 22, 2025
Microsoft Media is Panicking Amid Mass Layoffs Every Month, H-1B Fees, and "Seattle’s Tech Scene in Trouble"
In "late stage Microsoft", copyleft becomes proprietary
The Next Wave of IBM/Red Hat Layoffs Being Discussed Already
Red Hat is sort of disappearing the way Tivoli did
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025