Bonum Certa Men Certa

Patents Roundup: Microsoft Versus Biology Research, Patent Systems in US and EU Challenged

Life in detail



Summary: Microsoft's patenting practices agitate the scientific community, patent reforms seen as necessary and likely

JUST THE OTHER day we mentioned Microsoft's patent on "studying evolution". It's an example of some of those patents which kill [1, 2, 3, 4]. Given the relationship between the pharmaceutical cartel and Microsoft, this may not be entirely surprising. In public speeches, Bill Gates likens development of software to the invention of life-saving drugs in order to justify software patenting.



The Register has another report on this subject which we only alluded to on Thursday.

Microsoft goes Darwinian with evolutionary tree patent



[...]

Because such a patent could potentially hobble an entire scientific field, evolutionary biologists will surely be keeping a closer eye on Microsoft's newfound interest in gene-splicing software.


In the words of Science: [emphasis in red is ours]

A 2-year-old patent application by Microsoft has claimed the invention of techniques that evolutionary biologists have been using for years to discern how organisms were related to one another through evolutionary time, based on similarities in genetic sequence. As word about it spreads, the phylogenetics community is increasingly worried. They think the patent is unlikely to pass muster at the U.S. Patent and Trademark Office because it seems obvious. However, should the application be approved, some researchers may find that they are doing work that infringes it.


At Groklaw (News Picks), Jones writes: "You might find the reactions to this article by scientists of interest here, including the comments, and don't miss the graphic of Darwin's first sketch of the "tree of life" superimposed with a WGA notice."

What on Earth is Microsoft doing?

Windows and Xbox are already killing innocent people [1, 2, 3] and Microsoft is now stepping in stomping on the medical field too. For those who do not know just how corrupt this industry can be, check out what's happening this week with Obama and healthcare. There is an already-exposed AstroTurf whose aim is to ensure an ill system of uninsured people stays in place.

Senior Obama adviser David Axelrod's public relations and ad industry ties -- which received some scrutiny during the presidential campaign -- are again being questioned. Opponents of health care reform (mostly Republicans) are criticizing the "huge ad buys" that pro-reform groups are making through Axelrod's old firm. "Two separate $12 million ad campaigns advocating Obama's health care plan ... were produced and placed partly by AKP&D Message & Media, a firm founded by Axelrod that employs his son and still owes Axelrod $2 million," reports Politico.com.


This would probably take us further off topic, so going back to the issue with patents, here is a new essay titled "Looks Like IP Is About To Slow Down Innovation In Clean Tech"

Plenty of studies have shown, over and over again, that in an emerging market, the last thing you want is patent protection. It slows down innovation and adoption drastically. That's because in a brand new emerging market, the bigger issue is actually figuring out how to get the market established -- and that means a lot of different efforts getting thrown at the wall, and the ability for multiple parties to try different approaches to getting things to work in a way that the market wants. Often this means a lot more sharing of ideas (even among competitors), as everyone begins to recognize that getting over that adoption hurdle is a much bigger deal than hoarding IP. And that's a key point.


One thing to assess and to measure is "innovation" -- whatever it may mean -- but what about mortality rates in the case of medicine? As we showed three weeks ago, life-saving drugs are being banned or blocked because the patent system is driven by profit, not ethics. Will this ever be rectified? Here's a start:

An en banc ruling by the U.S. Court of Appeals for the Federal Circuit has narrowed the reach of U.S. patent laws covering companies' overseas sales and production.


Glyn Moody has just published the following:

Why We Must Call Them "Intellectual Monopolies"



[...]

There we have it: the more opponents collude by using the "eye-pea" term, the more the monopolists can point to this as "proof" that copyright and patents are property, not monopolies.


As we noted some days ago, the European Commission had begun reassessing the patent system. Here is another take on the subject:

The European Commission's Directorate-General for Internal Market and Services plans to conclude a contract for a comprehensive study on patent quality. The aim is to study the quality of patent rights with economic analysis in order to propose effective policy solutions for the optimal functioning of the future patent system in Europe considering its objectives to encourage innovation and the diffusion of new technology and knowledge. This should take into account a system with the co-existence of national and European patents, and a future Community patent which is currently being negotiated between Member States.


There is bad news here. The Community patent, which can facilitate software patents inside Europe, is rearing its ugly head again.

“Today, nearly 40 percent of a senior's healthcare spending is on pharmaceutical medications.“

--Dennis Hastert

Recent Techrights' Posts

It Has Cost $215,000 in Legal Costs to Sue IBM for Wrongful Termination
IBM typically settles out of court and demands secrecy (to avoid anyone else benefiting from the very expensive outcome)
The PIPs or 'Voluntary Termination Offers' Help IBM Fake Its Situation
"IBM is not a tech company"
General Assembly Covers EPO Strikes on Thursday, September 17th (2026)
The EPO's staff representation at The Hague has asked people to join an upcoming online session about industrial actions
 
LG Lies to Cover Up Lies About Its Spying TVs (It Records and Transmits Conversations in Rooms)
This is what a lot of "modern" technology is like
Oracle's Debt Continues to Soar (Increase of 60 Billion Dollars in 15 Months, Not Counting the Secret Debt, With Off-balance-sheet Debt Having "Grown Roughly Thirtyfold in Four Years")
Oracle debt continues to grow
Apple's iOS and macOS Measured as Bigger Than Windows in the US, Linux-Based OSes at Almost 30%
Expect the silent layoffs at Microsoft to continue at a rapid pace
Oracle, Like Microsoft, Drowns in Debt and Discards Tens of Thousands of Staff (Microsoft Does the Same More Discreetly)
The main difference between Microsoft and Oracle is that the latter is honest about what's going on
Gemini Links 14/09/2026: First Android Phone, Leaving Sony, and Rant About Gemini-to-HTTP Proxy Providers
Links for the day
Links 14/09/2026: "Scam Altman Now Trying to Gain Control of Electric Grid" and Sweden Moving to the Right
Links for the day
Vista 11 Flunked
Microsoft cannot start a "Vista 12" campaign as it would only make matters worse
Microsoft Urgently Needs Distraction: There's No "Next XBox", But There's a New Boot Screen (Like 'Dark Mode', a Feature That Can be Implemented in Mere Minutes/Hours)
Anything to distract from XBox fiasco
IBM Flying Away to Sweatshops (So Will Red Hat)
Even on Sunday people post about 'leaving' IBM
RFID Ambitions Already Established by Widespread Skinnerbox Adoption
A society that cannot maintain privacy for those who deserve it will not manage to assure dignity of citizens
SLAPP Censorship - Part 183 Out of 200: What Actually Happened Two Months Ago (Based on People Who Attended)
It's dangerous to assert what happened in a hearing you did not attend (there was no video stream or recording, either)
Phil Harvey, an Editor-in-Chief in a B2B Site, Explains Why ChannelFutures (Connected to TechTarget) and Other Sites That Used to Cover Linux Deleted Many Articles
Every old article in channelfutures is gone!
Software Freedom Day 2026 is 5 Days From Now, Fresh Reminder to Boycott Proprietary Software
Let this be a timely reminder of why people should avoid proprietary software
Links 14/09/2026: Slop Hardly Used for Actual Work (Chatbots Are for Lonely People), Slop Bots (Scrapers, Plagiarism) "Are Thirsty for Power"
Links for the day
Gemini Links 14/09/2026: Trip, Hiding, and OCR
Links for the day
IBM PIPs Are Layoffs (RAs Come Later Even If You Satisfy the "Performance" and "Plan")
Notice how "the media" almost never mentions silent layoffs, as if just because they're silent, there's nothing to investigate, nothing to see there
Slop Companies Engage in Plagiarising the Web, Now They Pay People to Contaminate the Web With Their Lies
Remember that the lawfare against us is funded by slop salaries!
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 13, 2026
IRC logs for Sunday, September 13, 2026
Microsoft is Laying Off All Year Long (It's Just Keeping Quiet About It)
The issue here is also the media. It's complicit.
MElon's Twitter Takeover Was Meant to Amplify People Like Himself or David Heinemeier Hansson (Slop Pyramid Schemes and Bigotry)
Social control media is not neutral
Microsoft Lunduke of 'Linux Sucks' (and Microsoft Corp.) Tries to Replace GNU/Linux With Toxic Discussions About Toxic Politics
Poisoning the well people drink from
Links 13/09/2026: Republican Campaign Aide Uses Nazi Photo and Convicted Felon is Wielding Power to Stifle Speech
Links for the day
Gemini Links 13/09/2026: Never Settling, Plain Text Digital Life, and Newsgroups
Links for the day
SLAPP Censorship - Part 182 Out of 200: UK Dockets With Machine-Generated Applications to the Court (From American Slop Companies)
Earlier this year Garrett was using machine-generated output as legal papers and submissions
Efforts to Cancel Matt Mullenweg Have Made Us More Sympathetic Towards Mullenweg and More Sceptical of the People Who Run Automattic (Named After Mullenweg)
Mullenweg, unlike Automattic, is not "in it for the money"
Boosters of Omarchy Are No 'Underdogs'
There are many Arch derivatives that do not rely on "viral" marketing in MElon's child porn-pushing social control media and are instead relying on real development, not slop
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Televisions Have Become Billboards
Bottom line: you get what you pay for
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026