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

06.22.09

New USPTO Director to Be Appointed, Bad News for Freedom

Posted in America, IBM, Microsoft, Patents at 2:46 am by Dr. Roy Schestowitz

USPTOSummary: IBM person may be put in charge of an office that grants monopolies on algorithms

It’s almost official now. David Kappos, whom we previously mentioned in [1, 2, 3, 4, 5, 6], may become the director of a Free software-hostile establishment, the USPTO. Kappos comes from IBM and here is a reference page from the USPTO’s newly-redesigned Web site:

President Barack Obama on Thursday announced his intent to nominate David Kappos, an experienced patent professional with more than 20 years of experience, as the new Under Secretary of Commerce for Intellectual Property and Director of the U.S Patent and Trademark Office (USPTO).

IBM may be no foe of Free software, but it is no foe of software patents either, so there is a big conflict here and it proves problematic. TechDirt has the following new information:

theodp writes “The next time IBM CEO Samuel J. Palmisano is late for a big meeting and can’t be reached via his BlackBerry, the other attendees will thankfully have a patent-pending way of finding him. In its just-disclosed patent application for a Method for Exploitation of Location Proximity to Derive a Location of an Employee in a Corporation, Big Blue describes an ‘invention’ of two of its PhDs that could be used to track Palmisano down – call or IM those who sit near Sam’s office and ask if they’ve seen him. By the way, IBM VP David Kappos, who recently lamented the diminished quality of patents in the US, is a frontrunner to be the next Director of the USPTO – perhaps he could comment on the patent-worthiness of this invention.”

FFII’s president says that the “USPTO President [is] recruiting unpaid examiners.” Putting it differently, he claims that “The Peer to Patent project aims to recruit unpaid examiners to legitim[ise] software patents and business method patents.” According to the FFII’s Web site, “Peer-to-Patent” is essentially a pursuit for free labour. In a way, “Linux Defenders” is similar, but Groklaw seems fond of the concept. Maybe it’s better than nothing.

The core of the quality problem was already addressed by Tim O’Reilly and Jeff Bezos with their BountyQuest venture. The reason it failed is the basis for the FFII’s examination reform proposal.

In BountyQuest the examination fee was not paid by the polluter but by volunteering victims. It requires that one victim stands up and pays up on behalf of the public. All the other victims benefit as free-riders.

The FFII proposal shows how the incentives would need to be set straight if “peer2patent” examination is to work:

Privatize Examination, Make Bad Patenters Pay

The system of obligatory patent examination should be replaced by a system where patents are registered free of charge on the Internet, and examination is performed by private parties who, when they find an invalid patent claim, are entitled to charge an examination fee from the patentee

The European Patent Office has taken interest in the Gauss project and is preparing to build a similar wiki-based system.

Here is another new post: “The next USPTO Director & the Peer-to-Patent experiment”

Obama has chosen Patent Attorney David Kappos to be the next Undersecretary Of Commerce For Intellectual Property And Director Of The U.S. Patent And Trademark Office (USPTO). Here is an article related to a US-National Public Radio interview with Kappos (http://cairns.typepad.com/peertopatent/2007/08/david-kappos-on.html) that gives a good introduction as to why we should be excited.

People seem overly excited about this whole Peer-to-Patent scheme, but “The Peer to Patent project is sponsored by patent trolls such as Intellectual Ventures and Microsoft,” warns FFII’s president.

“Patent Troll Intellectual Ventures [will be] lobbying WIPO next 13 July in Geneva,” according to this [PDF]. It did not escape the attention of the FFII. Microsoft’s very own patent troll joins this debate having cooked a ‘study’ that defends the practice of patent hoarding and trolling.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

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. Microsoft's and Bill Gates' Biggest Patent Troll (Intellectual Ventures) Suffers Setback and Nokia is Dead While Patents Scattered to Microsoft Patent Proxies

    Microsoft's patent collectors (trolls) are to have a feast with Nokia patents while Intellectual Ventures, Microsoft's largest patent proxy, continues to attack companies including Motorola



  2. Patent Racketeering Continues With Nadella: Motorola the Latest to Join the FUD Campaign

    Nadella continues Ballmer's campaign of intimidation and alienation, showing that nothing has changed at Microsoft, not even the FUD



  3. Links 23/4/2014: GNOME Maps Application, LG in Headlines

    Links for the day



  4. Links 22/4/2014: More GNU/Linux Gains, Syria Updates

    Links for the day



  5. Links 21/4/2014: New Games for GNU/Linux, Some NatSec Politics

    Links for the day



  6. Site Focus for The Remainder of the Year

    What we plan for the rest of 2014 and why



  7. Links 20/4/2014: EFF FOSS, Easter Drone Strikes, Copyright Industry Fear of Google

    Links for the day



  8. Links 19/4/2014: Slow Easter News Day

    Links for the day



  9. Links 18/4/2014: New KDE, Kubuntu, and More

    Links for the day



  10. Some Perspective on Heartbleed®

    Our views on the whole Heartbleed® bonanza, which seems like partly a PR stunt (for multiple stakeholders)



  11. Microsoft is Leaving Windows -- Including Vista 8.1 -- Vulnerable to Non-Government Crackers, Not Only to NSA

    Microsoft makes it ever more evident that securing users of Windows is not at all a priority, and perhaps not even a desire



  12. Links 17/4/2014: Android RDP, New Ubuntu, RHEL 7 Milestone

    Links for the day



  13. Racing to 1984: Mass Surveillance, Cracking, 'Targeted' Assassinations, and Illegal Torture

    Links for the day



  14. More Microsoft Subsidies to Patent Troll Intellectual Ventures

    Microsoft hands money to Bill Gates' close friend who is the world's largest patent troll



  15. Aiding Microsoft Under the Disguise of 'Pro-FOSS'

    Not everything which is FOSS necessary becomes, by virtue of existence, a positive contribution, as we are constantly reminded by projects that help proprietary software and/or restrictions get a strong grip on FOSS



  16. Links 16/4/2014: Red Hat PR, Ubuntu LTS Imminent

    Links for the day



  17. Links 15/4/2014: Lots of PCLinuxOS Releases, Ukraine Updates

    Links for the day



  18. Apple and Microsoft Actively Lobbying Against Patent Reform in the US

    Apple and Microsoft are reportedly intervening/interfering with US law in order to ensure that the law is Free/libre software-hostile



  19. Lawsuit by Microsoft Shareholder Targets Fine for Crimes Rather Than the Crimes Themselves

    A new lawsuit by a Microsoft shareholder shows everything that's wrong with today's model of accountability, where those who are responsible for crimes are accused of not avoiding fines rather than committing the crimes



  20. Public Institutions Must Dump PRISM-Associated Software

    Another reminder that taxpayers-subsidised services should refuse, as a matter of principle, to pay anything for -- let alone deploy -- proprietary software with back doors



  21. GNU/Linux News: The Opportunities Amid XP EOL

    Links for the day



  22. Microsoft Gets Its Money's Worth From Xamarin: PlayStation 4 Now Polluted by Microsoft

    The Trojan horse of Microsoft, Xamarin, is pushing .NET into Microsoft's console competitor



  23. After Brendan Eich Comes Chris Beard

    Having removed Brendan Eich using bullying and blackmail tactics, his foes inside Mozilla achieved too little as we have yet another man (coming from inside Mozilla) acting as CEO



  24. Healthcare News: Free Software in Health, Humanitarian Causes

    Links for the day



  25. Links 14/4/2014: MakuluLinux, Many Games, More Privacy News and Pulitzer Prize for NSA Revelations

    Links for the day



  26. TechBytes Episode 87: Catching up With Surveillance (NSA, GCHQ et al.)

    The first audio episode in a very long time covers some of the latest happenings when it comes to privacy and, contrariwise, mass surveillance



  27. Server News: KVM, ElasticHosts, Other GNU/Linux Items, and Open Network Linux

    Links for the day



  28. Hardware News: Freedom, Modding, Hackability on the Rise

    Links for the day



  29. Distributions News: GNU/Linux Distros

    Links for the day



  30. GNOME News: Financial Issues, Mutter-Wayland, West Coast Summit, Community Participation

    Links for the day


CoPilotCo

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

CoPilotCo

Recent Posts