Bonum Certa Men Certa

Patents Roundup: ACTA Inevitability Claimed, USPTO Patently Failing, China Against Patents in Standards, Monsanto in Court



Summary: Patent news from across the world with limited emphasis on software patents and greater focus on patent globalisation

"ACTA will go through the European Parliament," says President of the FFII (Benjamin) based on this report which quotes Martin Koehler, whom Benjamin describes as "advisor on International Trade for the Greens".



But Koehler added that the Parliament will be expected to endorse ACTA as it would be a sign of mistrust in the European Commission if it did not.

"It is crystal clear that ACTA will go through," Koehler said.


This is the imminent closing of society using intellectual monopolies. The judge behind the EBoA [1, 2, 3, 4, 5] seems to have already made up his mind about software patents in Europe and David Kappos, who we hoped would do better than his predecessor at the USPTO, is already giving signs of endorsement for software patents.

The goal of the Peer-to-Patent Project, which ended its second pilot period in December, is to allow the public to cite prior art to invalidate potential software patents, and in doing so, bring an end to the patent approval gridlock.

David Kappos, co-creator of the project and current under secretary of commerce for intellectual property and director of the UPSTO, said his agency will evaluate all aspects of the project to determine what can be improved upon. Kappos said the agency has not made any decisions, but that he is “disposed” to look for ways to continue working on the project.


David Kappos came from IBM. The USPTO works well for IBM, but since when do IBM et al run the United States? The USPTO is supposed to be a federal body that governs and acts in the interest of citizens but instead it became property of monopolists that use it to block competition. That is utterly shameful and Benjamin from the FFII writes: "Kappos supporting swpats [software patents]". He quotes the part where Kappos says that non-patent literature "is important in software, where so often it's not patented prior art."

“David Kappos came from IBM.”IBM, his former employer, is pro-software patents. Another IBMer, a 'heavyweight' manager (now retired), supports software patents and he is advising Obama on the subject. Ironically, that would be the same guy (Irving) who brought GNU/Linux to IBM.

Adding to the embarrassments (or the vanity) of the USPTO, here is a new story that sounds like a hoax or an urban myth: "USPTO Won't Accept Upside Down Faxes; Demands Resends"

I know, the headline seems like a joke. After all, what do you do if someone inadvertently fed a page upside down into the fax machine? You simply turn the page over or, if you get an electronic version, use the reader software to rotate it. Apparently this is not within the standard operating procedures of the U.S. Patent and Trademark Office. No, if your fax comes in upside down, they send you a message in return saying that they can’t accept it and to re-fax. Here’s a copy of the letter that a source, who regularly deals with the USPTO, passed along to me...


The USPTO has gone patently insane. As for the Chinese system, it actually seems better in comparison, at least as far as standards are concerned. In China, patents and standards will not go hand in hand. It is mentioned in this Web site called "Talk Standards", which may as well be called "Talk Patents" or "Talk Monopolies" ("Talk Standards" was cited yesterday in relation to a Microsoft lobby). Benjamin writes that "China [is] pushing for Royalty-Free Standards, [so] it makes the patent guys angry." To quote those "patent guys":

The draft regulation includes several interesting proposals that are bound to have substantial consequences. The negative impact on innovators could be severe. This proposal fuels the conflicts of interests between China, on the one hand, and the European Union and the USA, on the other. This development is worrying and could easily spill-over to trade- and investment policy.

[...]

The draft regulation will effectively force IPR holders to accept licensing terms deemed fair by the National Administrative Department of Standardization. This may result in patentees receiving licensing fees significantly lower than market level (i.e. “nominal fees”).

Consequently this implies that the Chinese are attempting to reduce the rewards to foreign IPR holders.


As opposed to ACTA, which is trying to achieve exactly the opposite. Going back to the USPTO, there is a discussion about the criminal company called Monsanto [1, 2, 3, 4, 5, 6, 7, 8] and its patents on life forms. From a new article: [via Richard Stallman]

Today, the U.S. Supreme Court decided to hear a first-time case about the risks of genetically engineered crops. Named Monsanto v. Geertson Seed Farms, No. 09-475, the case before the high court will be yet another step in an ongoing battle waged by the Center for Food Safety to protect consumers and the environment from potentially harmful effects of genetically engineered (GE) crops.

The modified alfalfa seed at the heart of the dispute has been engineered to be immune to Monsanto’s flagship herbicide Roundup. Monsanto intervened in a 2007 federal district court ruling that the Department of Agriculture’s approval of GE alfalfa was illegal. The Center for Food Safety (CFS) filed a 2006 lawsuit on behalf of a coalition of non-profits and farmers who wished to retain the choice to plant non-GE alfalfa. CFS was victorious in this case – in addition CFS has won two appeals by Monsanto in the Court of Appeals for the Ninth Circuit: in 2008 and again in 2009. Now, upon Monsanto’s insistence, the Supreme Court has agreed to hear the case.


As it turns out, the biggest benefactors right now are patent trolls and litigators:

Profit from patents: sue, don't produce



[...]

No surprises: the trolls make more from suing than performing entities (manufacturers) do from suing (shorter time to trial, higher success rate, higher damages).


Microsoft is part of the problem because it resorted to racketeering using patents. In 2007 we saw the beginning of such extortion being directed against GNU/Linux, but some companies that are using GNU/Linux are also part of the problem (not just IBM). Here is an example from this week's news:

Rugged UMPC wins patent for FPGA-centric design



Black Diamond announced it has been awarded a patent for FPGA-related technology found in its rugged, Linux-ready SwitchBack UMPC (ultra mobile PC). In the patented SwitchBack architecture, a Xilinx Virtex 5 FPGA controls the Celeron CPU via a PCI-Express channel, enabling the device to be easily reprogrammed, says the company.


Patents are fences, they are tools for preventing progress by others. To assume that any company that uses Free software is against software patents would be wrong (there are Free software parasites like ACCESS or Black Duck, which we mentioned earlier). In fact, one infamous patent aggressor that we wrote a lot about is TiVo [1, 2, 3, 4, 5]. Microsoft also sued TiVo.

Recent Techrights' Posts

UKIP TV (GBNoise) Covers Challengers to UKIP Nigel, Daniel Pocock Mentioned
Way to get noticed
This Bubble is Bursting, Piecewise
It's nice to see Wall Street getting some reality checks
 
GNU/Linux Rises to 8% in Bhutan, Same as the International Average
Taking note of estimated GNU/Linux share in that country, we see it hovering around the international median/average this month
Links 19/07/2026: "The Voice of Google" and "Chinese Surveillance Tech a Threat to Privacy"
Links for the day
Keep Both Eyes on the Ball
At the moment we have six series running in parallel; two of them concern the EPO
'Journalists' Who Help IBM Cover Up Fraud
Journalistic malpractice
The "Modern Linux" Song
Join us now, make the kernel
XBox Layoffs Vastly Bigger Than Microsoft Told the Press, Microsoft Keeps Trying to Change the Subject
Many so-called "XBox fans" are no more
Microsoft Lost 1,200 Billion Dollars in "Market Value", Take a Look at What Happened to Windows
while Windows continues to fall unstoppably GNU/Linux is surging
Links 19/07/2026: People in China Are Buying Feelings and 404 Media Has Third Anniversary
Links for the day
Gemini Links 19/07/2026: Camping, Health, and Hardware
Links for the day
The State of Slopfarms
Slopfarms or LLM slopfarms are a menace and a problem on the Web
GNU/Linux Rising to 6% in Brunei
seventh in the world for GDP (PPP) per capita
Free Software is Like an 'Activist Movement'
People who argue strongly in favour of something (even very good things) will attract the wrath of those whom they oppose
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 18, 2026
IRC logs for Saturday, July 18, 2026
Links 18/07/2026: Chinese State Media Depicting Neighbours as Monkeys, US "Stocks Sink on Anxiety About Tech and Hey Hi (AI) Spending"
Links for the day
Gemini Links 18/07/2026: "Business Idiots Everywhere", "The Siren Song of DePIN", and Entering Geminispace
Links for the day
GNU/Linux in Lithuanian Desktops/Laptops Climbs to 8%, the Global Average
For its own national security it would be wise to abandon Windows
It's Not About XBox, Microsoft is Already Firing Hundreds of People Who Do "Security [sic] Engineering" [sic]
The official reason/excuse/lie told is something about slop, but no sane person would buy it (not even insiders who are impacted)
Can We Finally All Agree That UEFI 'Secure Boot' is a Sham That Harms Security and Gives Microsoft Remote Control Over All PCs and Servers (Even Those That Don't Run Any Microsoft Software)?
Cui bono?
Bolivian People Adopt GNU/Linux (They Have a Domestic Distro Too, PluriOS)
Notice Windows falling to an all-time low
No Technical People Write About UK Parliamentary Elections
Almost none of them work in the media, which seems to favour parrots, slop, or parrots that use slop
"But Stallman is Scaring Away Women..."
Such dishonest projections (projection tactics) needs to be called out and refuted
First Female Debian Project Leader (DPL) Affirms Low Profile and Inferior Status of Women in GAFAM
3 months ago Sruthi Chandran was elected as Debian Project Leader (DPL) for a period of 12 months
After 5 Years Vista 11 Still Adopted Less Than Its Predecessor (Orphaned, End of Life Since Last Year)
Notice Windows going down to 40%
We Don't Depend on Google (or Search Engines in General)
there's a lesson here and it extends beyond sites
Only "Torvaldos" (Linus Torvalds) Can Use the F-Word, CoC Does Not Apply to the Enforcer, and Richard Stallman Punished for Using the Other F-Word ("Freedom")
"Linus Torvalds tells AI haters to fork off"
Explaining the Culture of Bulletin Board-Style Chat
Only desperate detractors would try to present something (cherry-picked) from IRC as some sort of official statement for Techrights
Independent, But Not Fringe
"Daniel Pocock is an Independent Candidate."
In Free Software, Nobody Gets Fired
Way to own one's code and project
PIP-Styled Mass Layoffs Allegedly Coming to Microsoft by 12 August 2026
Microsoft has been doing "silent layoffs" (PIPs and more) for quite some time
Daniel Pocock's Candidacy (Election of Member of Parliament) Mentioned in BBC and Over a Dozen News Sites Since Yesterday
Funnily enough, albeit not surprisingly, the same people who attack Pocock also attack us
Links 18/07/2026: Spotify Uses Slop Song Descriptions, "San Francisco Demands Removal of Nudify Apps"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 17, 2026
IRC logs for Friday, July 17, 2026
Gemini Links 18/07/2026: A Manifesto by The Dissident, Shokz Headphones, and Gemini Tinylog Reader (GTL)
Links for the day
IBM Already Tentatively Down for Next Week (Monday) After Its Worst-Ever Week
What a week for IBM!
Daniel Pocock as Independent Candidate, Now in The London Standard
"Daniel Pocock is an independent candidate."
Links 17/07/2026: Protests Erupt Throughout Ukraine and Anthropic Caught Secretly Spying on Users
Links for the day
Gemini Links 17/07/2026: "Silence Doesn't Mean Abandoned", Revisiting PalmOS in 2026
Links for the day
Andy Burnham as National Leader Would be Excellent for Techrights
Burnham has envisioned a British "centre of power" (or gravity) that moves northwards, isn't concentrated in the southeast anymore
Farage Out, Daniel Pocock in?
Can Pocock beat his previous voting record?
Layoffs at Microsoft Are Massive, Go Under the Radar for the Most Part
Microsoft is in a really bad shape
One Heck of a Week for IBM, the 'Grandpa' of 'High-Tech', International Business Machines Corporation (NYSE:IBM) Under Investigation by Bronstein, Gewirtz & Grossman, LLC
If IBM gets busted or might be busted, will the CEO jump, get pushed, or be arrested?
In Defence of Courts' Privacy Policies
If you want friends, go offline. Meet real people and share real experiences.
Why I Quit Academic Career (or Academia) Nearly 15 Years Ago
I am told by people who stayed that it has only gotten worse
“Why Open Source Misses the Point of Free Software”
As Dr. Richard Stallman once put it
GNU/Linux Grows at the Expense of Microsoft Windows in Croatia, Now Close to 8%
Croatia has been mentioned a lot lately in relation to EPO "lobbying" (vote-rigging)
27-Year IBM Veteran on IBM: "Worse than the Titanic and Perhaps Just Like Madoff, Enron, etc."
several comments we saw today envisioned the CEO of IBM in an orange suit (in US prison)
EPO "Cocaine Communication Manager" - Part XV - Nazi-Like Thinking at the European Patent Office (EPO) Not a Thing of the Past
antisemitism inside the EPO
Daniel Pocock Running for Office Again, Clacton-on-Sea By-election
By-election - code name "Pocock-on-Sea"
ServiceNow/ServiceLine and Slop at the EPO is Becoming a Health Risk to Staff
PD44 has historically been the oppressor at the EPO
IBM Can Burn Pensioners to Appease Wall Street and Protect the Billionaire CEO With His Humongous Bonuses
Its stock it set to open 2.82% in the red
IBM SHAREHOLDER INVESTIGATION: Potential Securities Claims Involving International Business Machines (IBM)
there's a risk of criminal action against executives
Tux Machines Moving Onwards and Upwards
"...tasks expand to fill the time available"
The Register MS is Publishing Spam for Gartner Group to Spread Hype About "AI", Mentioned 30 Times in the Paid (Fake) Article
One sure thing is, the so-called 'tech media' is profoundly compromised by American corporations
"Market Share" of GNU/Linux Nearly Trebled in Cambodia This Month
GNU/Linux is still measured at 8% by statCounter
GitHub is Dying (Traffic Down Despite Bots and Slop), Microsoft Will Eventually Cull it - Just Like XBox - to Limit the Losses
Do not stay on GitHub (Microsoft) under the false assumption that it is "free hosting" or will always be around
Teaser: Daniel Pocock is About to Go Mainstream Again
Stay tuned, Pocock has something in store
Microsoft Has Just Been Sued Over Layoffs
If the rumours are true, there is yet another wave of layoffs at Microsoft
Richard Stallman Always Cautioned, Upfront, That His Political Views Were Wholly Separate From His Scientific Work or GNU
Notice that he already spoke a lot about politics
Links 17/07/2026: Microsoft is Cutting OneDrive Coverage, Larry Ellison Sued by Paramount Investor
Links for the day
Nichirei and Asahi Beer Need to Take Cyberattacks as Hint of Opportunity to Move to Free Software
Windows TCO
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 16, 2026
IRC logs for Thursday, July 16, 2026
Gemini Links 17/07/2026: Sunlight in the Clouds, Techno-Therapy, and Sloppifying Original Text
Links for the day