Bonum Certa Men Certa

Patent System Status in the United States, European Union

Software patent on rise



North America (United States)



THE problems spawned by software patents affect not only Free software developers. They harm developers as a whole, but Free software is subjected to other (mis)treatment because of the way the software is distributed. Red Hat's legal team has just published a post to explain the severity of this issue. [via Digital Majority]



There are now more than 200,000 software patents, and there is no practical way to be sure that a new program does not infringe one or more of them. A patent lawsuit can cost several million dollars in attorneys’ fees. The risk of patent litigation is one that the FOSS community has learned to live with. But it hardly seems likely that the risk is doing anything other than inhibiting software innovation.


This number, two hundred thousand at the least, is exceptionally high. It boils down to a human capacity issue and there is clearly a lot of overlap, i.e. duplicates. It's not only problematic to developers but also to examiners who work at the patent office.

USPTOIs any developer bold enough to internalise all of that reading material and then engage in a task as simple as typing away on a computer keyboard, as opposed to a process more complicated such as designing and manufacturing a machine to perform a particular function? Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast. This imperils studies of prior art and planning of development that's safe from patent violations.

“Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast.”The simplest fact is that barriers in the face of trivial tasks and creations only discourage more such creations. This was not the goal of the patent system, was it? This issue must be faced and recognised. Only then can it be properly addressed.

Microsoft is meanwhile obtaining some very trivial patents in order to brag about numbers (quantity over quality). In reality, the poorer the patent, the easier it is to invalidate, but at the same time, the poorer (broader and more trivial) the patent, the more companies and products it jeopardises. It causes unrest and Amazon's one-click shopping is a good example of this.

The 'bleeping patent', which was previously summarised here, is making its appearance in The Times.

Microsoft patents web moderator robots



[...]

There’s a danger, though, that it could go too far. Who’s to say that an overzealous Microsoft employee might not accidentally on purpose blacklist the names of rivals such as Apple and Linux?

Worse, there are governments around the world that would probably go further still, suppressing dissent not with guns and clubs but by preventing people from even discussing concepts such as “protest” or “freedom”. And that, I’m sure you’ll agree, is a freaking scary idea.


Ethical issues aside, there is little merit to be found in this so-called 'invention'. The PgUp/PgDn patent, which was previously mentioned in [1, 2, 3, 4, 5], raised similar questions.

To show how trivial some of Microsoft's patents can be, here is a slightly older one:

theodp writes "Microsoft was just granted U.S. Patent No. 7,392,326 for Text Entry in an Electronic Device. From the patent: 'the invention may automatically add a 'www.' and a '.com' to the text the user is entering and display this combined text'. To get the point across, Microsoft included an illustration showing the 'invention' in action, transforming 'foo' into 'www.foo.com'. Sure it's not sorcery we're dealing with?"


How about...

  1. Transaction-safe FAT file system


  2. Method of swinging on a swing


This is innovation???

Europe



Alison Brimelow



A few days ago we wrote about the latest important development in Europe -- an appeal regarding software patents. There are already some unhappy people who deserve to be heard.

[T]he questions seem like a school book example of avoiding clarifications by asking the wrong questions. Are the EPO just cowards, creating straw men or obstructing the clarity of law?


This was also covered in the EPO's Web site and in some other patents-focused legal Web sites, whose bias is in their favour (more lawsuits and more patents help lawyers makes a living at developers' expense):



Lastly, here is a quick word about OIN. In response to Roberto's claim (covered some days ago) that “Keith Bergelt [...] won’t collaborate with FFII or similar organizations to fight against software patents in Europe,” PL Hayes wrote:

Then (assuming he is not a patent system economics illiterate) he certainly does not “care about Linux” - and innovation in general - and I assume OIN is some kind of risibly effete poor man’s version of Intellectual Ventures?


Software patents protest against EPO



In a follow-up post from Roberto, more details are given.

Keith says that in OIN’s vision there are “good” patents and “bad” patents, and they won’t take part in the European software patents debate. All in all OIN cares just about Linux, and middleware or application levels are not in OIN’s agenda for the time being. Google is proud to participate in OIN’s mission, as Di Bona made clear through the official google blog, and that is probably good for all (big) Linux end-users.

Will ever OIN go up in the open source software stack?


PL Hayes again replies by saying:

Right… so it’s just a patent pool with a misleadingly grandiose name (Open Invention Network), set up for the benefit of companies using “the Linux operating system or certain Linux-related applications”.

Some of those companies lobbied for codification of the EPO’s software patent granting practices so it’s not surprising OIN won’t take part in the debate and it is clearly no friend of FOSS and innovation in general, contrary to the impression it sometimes gives.


OIN is not the solution. It's not harmful, but it's not the solution.

Recent Techrights' Posts

Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
 
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026