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 Keeps Pretending to be 'Open Source', Despite Relentless Assaults on Open Source

    Microsoft's charm offensives against Free/libre software are proving to be rather effective, despite them involving a gross distortion of facts and exploitation of corruptible elements in the corporate media



  2. Željko Topić and Ivan Šimonović, Two Residues of Ivo Sanader's Corrupt Regime, Seen as Indirectly Connected

    Further exploration of the remnants of Sanader's highly notorious record and those whom he had brought to power before he landed in jail



  3. Links 27/3/2015: Ubuntu 15.04 Second Beta, Dart 1.9

    Links for the day



  4. The EPO's Dutch Scandal Leaves Battistelli and His Cronies on the Run

    EPO management is making concessions and issues statements which admit defeat, allowing the staff union to continue its activities



  5. Microsoft Won't Let People Wipe (Off) Windows But Happily Wipes Android, Wipes Android Apps Through Cyanogen and Blackmailed 'Partners'

    Microsoft's obscene double-standards leave Android and Linux between a rock and a hard place



  6. Links 26/3/2015: GNOME 3.16 Officially Released

    Links for the day



  7. Links 25/3/2015: India Moving to Free Software

    Links for the day



  8. Another Reason to Boycott UEFI: Back Doors or Crackers

    UEFI makes computers more prone to infections, according to some security experts



  9. The EPO's Administrative Council is Under Increased Pressure to Rein in and to Finally Stop Benoît Battistelli

    The EPO's Administrative Council (AC) is about to have a meeting, so the Member States' delegations are urged to call for action



  10. IRC Proceedings: February 22nd - March 21st, 2015

    Many IRC logs



  11. The Latest Microsoft Attacks on GNU/Linux and Free/Libre Software

    Microsoft is still hiding behind the façade of 'love' whilst actively attacking GNU/Linux and Free software from many directions



  12. Attempts to Disrupt Android by Pushing Microsoft Software Into It (Using Patent Blackmail and Cyanogen)

    Microsoft's Android coup d'état is succeeding owing to public apathy and poor comprehension of what Microsoft really is up to, partly due to media misdirection



  13. Links 24/3/2015: WebKitGTK+ 2.8.0, Black Lab Linux 6.5

    Links for the day



  14. Concerns Over Željko Topić's Alleged Powerful Links in Croatian Diplomacy

    Rikard Frgačić explains the powerful connections acquired though Ivan Šimonović, who is himself connected to EPO Vice-President Željko Topić



  15. Benoît Battistelli's EPO Comes Under Fire From Prominent Figures Who Are Key EPO Stakeholders, Expect Battistelli to Resign 'in the Longer Term'

    The ‘reign of terror’ which is primarily attributed to Battistelli and his cronies may be about to end; the Luxembourg parliament approves the Unified Patent Court



  16. Benoît Battistelli's EPO is Under Attack From French Politicians Yet Again

    More EPO interventions -- this time from France -- target Benoît Battistelli over his abuses and take it up to Eurocrats for political actions



  17. Bribes and Extortion Help Turn Android (Linux-powered) Into 'Microsoft Android'

    A strategy involving harassment and bribes drives large Android players into Microsoft's arms (PRISM and lock-in), much to Google's (and users') detriment and beyond regulators' range of visibility



  18. Microsoft-connected Black Duck Software Created by Microsoft Marketing Man as an Anti-GPL Operation, Admits the Management

    Black Duck "was founded [on] the idea ... to keep GPL-licensed code out of corporate codebases entirely," according to a new report



  19. Links 23/3/2015: Linux 4.0 RC5, Kubuntu Celebrates Ten Years

    Links for the day



  20. Microsoft Admits Lying (or Deceiving) About the Cost of Vista 10

    After much hype in the press about Windows being 'free' it turns out that Microsoft just lied yet again, leaving that lingering perception that Windows is as inexpensive as GNU/Linux



  21. Politics of Blackmail at the EPO

    Comments serve to highlight the role of bribes (or contrariwise blackmail), as allegedly exercised by the current management of the European Patent Office



  22. Benoît Battistelli's EPO Comes Under Attack From the British

    A British MEP criticises Battistelli and the management of the European Patent Office (EPO) while Baroness Lucy Neville-Rolfe, UK Minister for Intellectual Property, gets closer to Battistelli in a tactless effort to improve relations



  23. The Royal Norwegian Department of Labour on the Right of European Patent Office (EPO) Workers to Strike

    The role of bureaucrats from Norway in defending (or not) the rights of EPO workers -- rights that the EPO's management is actively trying to deny and punish for



  24. Michael Silver Back to Acting as Gartner's Microsoft Agent, Promoting Vista 10 Based on False Promises

    Vista 10 in the headlines as its marketing propaganda zones in on false perceptions around cost, aided in part by longtime foes of GNU/Linux such as Gartner, especially its Microsoft-embedded elements (Michael Silver and co-workers)



  25. Despite Media Propaganda About Security, Microsoft Windows Remains the Least Secure Operating System, by Design

    Amid highly misleading security-centric reports that rely on Microsoft's bogus number of vulnerabilities (Microsoft already admitted hiding many of them) Techrights presents recent news about Windows 'security'



  26. Canonical Goes to Bed With Company That Sues Linux Using Software Patents and Copyrights (Through SCO)

    Despite Microsoft's continued assault on GNU/Linux, Canonical is foolish enough to give Microsoft control over many Ubuntu instances



  27. Links 22/3/2015: GNOME 3.16 Shaping Up, LibrePlanet 2015

    Links for the day



  28. Microsoft Hates Linux - Part VI - Propaganda Wars Against Free Software Facilitated While Media Control is Secured and Abused

    How Microsoft systematically lies to the public, including decision-makers and officials who can be tricked into choosing proprietary software, thinking it is in fact "open"



  29. Microsoft Hates Linux - Part V - Dumping and Surveillance to Counter GNU/Linux Insurgence

    Microsoft makes false claims about future versions of Windows (with more surveillance) becoming 'free' in order to stop migrations to GNU/Linux



  30. Microsoft Hates Linux - Part IV - Deleting, Attacking Android/Linux From Within

    Microsoft 'loves' Linux so much that it is trying to get on top of Linux and then delete Linux


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