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

11.25.09

Patents Roundup: More Ridiculous Patents, Qualcomm Permitted to Abuse, Human Rights Step in as Overhaul Debated

Posted in Apple, Europe, Law, Microsoft, Patents at 8:04 am by Dr. Roy Schestowitz

“[Y]ou’re creating a new 20-year monopoly for no good reason.”

David Kappos (currently head of the USPTO) speaking about patents

Tired USPTO eagle

USPTOSummary: News from the US patent office seems to suggest that no substantial improvements have been made to this system

T

HE US patent system is a mess. There, it’s said and done. The way to fix it is to change the application/review process and also to remove many old patents that should have never been granted in the first place. It is almost infeasible given the existing backlog which has already turned the USPTO into a laughing stock in some people’s minds.

Dissatisfaction with this patent system is not just a pet peeve of Free software supporters. President of the FFII, for instance, has just shared what he calls “The sad patent story of Lexra processors.” An Apple patent which we mentioned here before is another good example of this. Even a vocal software patents fan (Gene Quinn) hates this patent and Slashdot reveals that Google has just patented displaying patents.

“Google has actually managed to patent displaying patents. The USPTO issued US Patent No. D603,866 to six Google inventors for their ‘graphical user interface for display screen of a communications terminal.’ Among the six inventors is the guy who introduced Google Patents. Ironically, Google Patents can’t seem to find the new Google patent for Google Patents.”

Amazing, eh? Two days ago we wrote about Amazon and its patent on online gift delivery. As Mike Masnick puts it, “USPTO [Is] Convinced By Amazon That Online Gift Giving Patent Is Legit”

Amazon continues to aggressively pursue variations on its “one-click” patent, even as it is repeatedly held up as an example of how screwed up the patent system has become. In the latest story, found on Slashdot, a patent application for method of buying gifts online was originally rejected under the CAFC’s recent Bilski rules because the invention “may be performed largely within the human mind.”

Where does this insanity end? According to reports from the European technology press (Britain), the EU Commission has just dropped its investigation into Qualcomm’s abuse with patents. How come?

THE EU HAS DROPPED its four year investigation into Qualcomm after companies that had been moaning about the chipmaker charged excessive royalties on its technology patents withdrew their complaints.

The Commission said that since all complainants have now withdrawn their complaints, it was not worth wasting more time and money on the investigation.

Was Qualcomm punished at all? This should also be probed by a US-based (and maybe Asia-based) agency. Qualcomm is based in San Diego, California. This happens to resemble the patent ambush from Rambus [1, 2, 3, 4, 5, 6, 7, 8, 9].

IP Watch has this new article about a culture of sharing that once existed.

Dining on fresh fish beneath a golden sunset overlooking the Mediterranean beneath which lie the remains of the ancient Library of Alexandria, the conversation turns to the invention of written language. A light-hearted debate breaks out between an Egyptian and a Syrian over the origins of the first alphabet several thousand years ago, but is left for the time being when the Syrian asserts, “We invented the alphabet, you invented writing.”

Records show Egypt’s primary role in the development of written language as a way to disseminate ideas, and it is still advancing knowledge access, as evidenced by its world-class Library of Alexandria and several recent activities and publications. In some cases, library officials are out front on international policy issues related to access to knowledge.

Also from IP Watch we have this good article bearing the headline “Time For Human Rights To Enter Into IP Policy Dialogue, Panel Says” (“but they’re still only *talking* about it,” argues Glyn Moody).

Ensuring the right to development should become more integral to debates over intellectual property policy, said members of a panel last week. The World Intellectual Property Organization Development Agenda will play a crucial role in ensuring this integration if it happens, they added.

Moody also wrote about a new comparison between software copyright and software patents.

What’s interesting here is that this position – preferring copyright rather than patent protection – comes from small to medium-sized software companies, but aligns with that of the free software world, which depends on copyright for the efficacy of its licences, but cannot accommodate patents, because they act as a brake on sharing.

There are alternative routes to offering developers “protection” that some of them crave. A “20-year monopoly” on some mere ideas (to borrow the words of the man in charge of the USPTO) is not the way forward, it’s a farce. It’s an impediment to science and economics, according to many studies.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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

3 Comments

  1. saulgoode said,

    November 25, 2009 at 9:40 am

    Gravatar

    The US patent system is a mess. There, it’s said and done. The way to fix it is to change the application/review process and also to remove many old patents that should have never been granted in the first place.

    The way to fix the patent system, with regards to software patents at least, is for the courts (or the legislature, if necessary) to assert that it is not illegal to write computer programs which simulate patented devices and processes. You want to write a simulator for that new ceramic internal combustion engine with microwave ignition? Go right ahead. How about a program that simulates a new manufacturing process for liquid microprocessors? Again, there should be no problem with that — after all, the purported reason for providing patents is so that the general public can learn from the invention and share their understanding of it with others.

    Now consider how this would apply to a spuriously granted software patent on, say, converting inputted numeric data representing an audio wave into the frequency domain, removing some of those frequencies, and outputting the result (i.e., MP3 audio compression). If the courts pronounced that “simulating” this algorithm within a computer program was to be consider fair and legal use, no one could be penalized for actually “implementing” the software patent (software is always either simulation or pure mathematics). Existing software patents could be left to languish until they expire, and no new software patents would be sought because the “inventor” would never be able to profit from his patent.

    Problem solved!

    Roy Schestowitz Reply:

    Yes, but:

    1. In Re Bilski may already have the necessary effect
    2. Unless challenged or invalidated, patents can still be used for extortion or intimidation (without a test in court), especially when bundled in large numbers
    3. Smart lawyers know how to blur the gap between hardware and software

    “[The EPO] can’t distinguish between hardware and software so the patents get issued anyway”, —Marshall Phelps, IAM: Microsoft to have 50,000 patents within two years, Phelps reveals

  2. uberVU - social comments said,

    November 26, 2009 at 3:38 pm

    Social comments and analytics for this post…

    This post was mentioned on Identica by schestowitz: More Ridiculous #Patents , Qualcomm Permitted to Abuse, Human Rights Step in as Overhaul Debated *http://ur1.ca/gid5…

What Else is New


  1. Links 24/9/2020: KaOS 2020.09, Arch Conf 2020 Coming, IBM Z Day 2020 Ends

    Links for the day



  2. At ZDNet, in 2020, “Linux” Means Microsoft and Windows

    The incredible charade of ZDNet carries on; the site whose parent company went bust last December isn’t even trying to hide its true agenda



  3. Red Hat is Spamming People in Order to Promote Its Sites and Its Products, Subscribing People to Mass-Marketing Lists Without the Recipients' Consent

    "Engagements" from Red Hat; have the IBM-led marketing people gone overboard, subscribing lots of people to marketing spam without bothering to ask for consent?



  4. “If I'm the Father of Open Source, It Was Done by Artificial Insemination With Stolen Sperm”

    The father of the Free software movement, Richard Stallman, is being wrongly compared to some patron of an “open source” ‘movement’ (an early effort to cancel Stallman and the FSF), which is basically a hostile corporations-led ploy these days



  5. IRC Proceedings: Wednesday, September 23, 2020

    IRC logs for Wednesday, September 23, 2020



  6. The Second Wave (of Free/Libre Software)

    Despite some major setbacks and new threats to digital freedom (autonomy is perhaps a more suitable term), progress is being made and activism must adapt to tackle newer trends



  7. Exploring the Relationship Between Red Hat and Microsoft: They're Barely Even Rivals Anymore

    The ‘older Microsoft’ (serial monopolist IBM) bought Red Hat, but evidence shows that one would be wrong to assume Red Hat really competes against Microsoft (any more than Novell did; there’s a strong relationship)



  8. Microsoft Lost More Than 15 Million Web Domains in One Month!

    Microsoft's presence on the Web is being reduced to ridiculously low levels; sooner or later Microsoft will turn from 'king' of parked (unused) domains to master of nothing



  9. Links 23/9/2020: Lenovo's Deeper GNU/Linux Dive and Tor Browser 10/Tails 4.10

    Links for the day



  10. IRC Proceedings: Tuesday, September 22, 2020

    IRC logs for Tuesday, September 22, 2020



  11. The Latest Greenwashing Campaign by the EPO is Just 'Chinese Propaganda'

    When the EPO speaks of “innovation” and “clean energy transition” it means nothing but patents on batteries, in effect monopolies being granted in Europe (to a lot of Asian — not European — companies)



  12. Links 23/9/2020: Librem 14 Shipping in December, Linux Journal Returns, Istio 1.6.10 Released, Release Candidate 3 of LLVM 11.0

    Links for the day



  13. Welcome Back, Linux Journal!

    Linux Journal is coming back under the ownership/umbrella of Slashdot folks, who are sadly preoccupied and obsessed with Microsoft talking points and PR campaigns



  14. What the Efforts to Remove Dr. Stallman Reveal About the Agenda of Large Corporations (Looking to Absorb the Competition, Remove Freedom, Spread Proprietary Software in 'Open' Clothing)

    Richard Stallman's (RMS) positions and foresight are usually correct; at the moment we're losing access to key people whose leadership positions are essential for the independence of cornerstone projects



  15. Links 22/9/2020: Tails 4.11, Linux Lite 5.2 RC1

    Links for the day



  16. Minimalism for Maximisation of Productivity and Clutter Mitigation

    Unfortunately, GNU/Linux (especially the latter, Linux) embraces bloat and anti-features in pursuit of sales (appeasing large corporations, not users’ needs), reducing the modularity, reliability and productivity of computer systems in the name of helping “dumb” users (they keep telling us people are very dumb and those who disagree are “elitist” and “extremist” or even “neckbeards” — in effect insulting every person out there)



  17. IRC Proceedings: Monday, September 21, 2020

    IRC logs for Monday, September 21, 2020



  18. Post-Coronavirus Linux.com Became Nothing But a SPAM Site

    As per the Linux Foundation‘s very own brochure, scripted and fake ‘interviews’ are to be produced and then edited/negotiated (before publication) with the sponsor… in Linux.com as the platform. This is corruption (or marketing, one might call them de facto ads presented as fake ‘articles’).



  19. Erosion of Free Speech and Tolerance of Opposing Viewpoints in Free Software Communities

    The concept of free speech is being reinvented by oversensitive people who nowadays expand the list of exclusions/exemptions (from scope of 'permissible' speech) to politics and criticism of large and highly abusive corporations



  20. Links 21/9/2020: PlasmaShell With Vulkan, Plasma Beta Review Day, OpenMediaVault 5.5.11

    Links for the day



  21. Guest Post: The Worrying State of Political Judgement in Free Software Communities

    A look at what Mozilla has become and what that teaches us about the Web and about software



  22. Links 21/9/2020: KTechLab 0.50.0, Linux 5.9 RC6

    Links for the day



  23. IRC Proceedings: Sunday, September 20, 2020

    IRC logs for Sunday, September 20, 2020



  24. Git is Free Software, GitHub is Proprietary Trap

    More and more people all around the world understand that putting their fruit of labour in Microsoft's proprietary (but 'free') prison is misguided; the only vault they have is for human beings, not code



  25. Daniel Pocock on Codes of Conduct and Their Potential Dangers in Practice

    In Debian we’ve already witnessed several examples where Codes of Conduct, if put in the wrong hands (in the Linux Foundation it’s corporate hands), can achieve the very opposite of their intended goal and its a true shame as well as a travesty for legitimate victims of real abuse



  26. Links 20/9/2020: Flameshot Screenshot Tool 0.8, Okular Improvements and More

    Links for the day



  27. Reminder: Vice Chair of the Linux Foundation's Board is an Oracle Executive Who Used to Work for Microsoft

    The Linux Foundation issued statements to the effect of opposing Donald Trump, but its current leadership (people from companies like Oracle, Microsoft and IBM) is a strong proponent of doing as much business as possible with Trump (even in violation of international law)



  28. [Meme] How to Hijack Linux and Free Software to Make Them Proprietary and Microsoft-Controlled

    Intel keeps outsourcing almost everything (that's not proprietary with back doors, e.g. ME) to Microsoft's proprietary software prison, known as GitHub; to make matters worse, Intel now uses the Microsoft-hosted Rust to develop in Microsoft servers, along with Microsoft, code that promotes Microsoft proprietary software (e.g. Hyper-V) and non-standard 'extensions'.



  29. DDOS Attacks Against Us Lately

    (Distributed) Denial-of-service attacks or DDOS attacks have slowed down the site, but we treat that as evidence of suppression and fear (of what's to come and what was recently published), or accuracy (in reporting) rather than inaccuracy



  30. [Meme] Windows as Dead Man Walking (Patches Accelerate the Death)

    Microsoft is squeezing whatever life is left in its “burning platform” (which is already exceeded in terms of market share by Android) that has a "burning" (bricked) WSL with barely any users and plenty of critical problems


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

Recent Posts