Bonum Certa Men Certa

Patents Roundup: USPTO Workshop, Bilski Action, and Patents-Imposed Death

Fire escape
It gets harder to escape patents on DNA



Summary: Proposed solutions, impending cases, and another new case where patents go so terribly wrong that even people needlessly die

TODAY we look at 3 types of news from the past 3 days or so. Software patents are being covered too, but everyone is still waiting for In Re Bilski to be concluded.

USPTO and Patent Conundrums



Today (May 26th), the USPTO has this workshop which is intended to "explore the intersection of patent policy and competition policy". How about tackling the problem of patent pools, which make up thickets and abusive cartels?

Three separate companies are steadily recruiting intellectual property holders into patent pools for LTE (Long-Term Evolution) technology, initiatives intended to get more manufacturers building gear for the fast network.


Patent pools are only suitable for large companies -- those that exclude new entrants. The only small entities to benefit from this system are the NPEs (trolls). Samsung and LG, the two Korean giants which pay Microsoft for Linux, are complaining about patent trolls right now.

Representatives say South Korean electronics makers are becoming targets from ``patent trolls'' as increased competition between manufacturers makes room to seek more money in legal suits.


Did Microsoft, which Salesforce's CEO Benioff compares to a patent troll, sign those Linux patent deals with Samsung and LG only after threats of litigation? We might never know.

In Re Bilski



Brad Feld writes about "innovating against software patents" and receives support from Groklaw.

Last week, Microsoft sued Salesforce.com claiming infringement of 9 software patents. This comes shortly after Nokia sued Apple who sued Nokia over software patents, and after Apple sued HTC who sued Apple over software patents.

As an example of the ridiculous nature of software patents, Microsoft’s claims cover user interface features, including a "system and method for providing and displaying a Web page having an embedded menu" and a "method and system for stacking toolbars in a computer display."

This explosion of litigation based on the patenting of software cannot be brushed-off as large corporations doing what they do, as almost every start-up software company is at some point being shaken down by software patent holders. It’s a massive tax on and retardant of innovation.


From Pamela Jones:

I have a request from End Software Patents' Ciarán O'Riordan. He'd like your help.

He says VC good guy Brad Feld is interested in in mailing out copies of the film Patent Absurdity (Full title: Patent Absurdity: How software patents broke the system) to 200 people -- politicians, influential people in companies, policy setters at standards groups, and whoever will be influential in the debate the breaks out post-Bilski -- and he'd like to have some help from you coming up with a list of who best to send to.


This system in the United States (USPTO) needs a change and it needs it urgently. Glyn Moody writes about the German ruling on software patents [1, 2, 3, 4] and points out that "some argue there were similar ones in early 90s" (so maybe it's not as bad as some people imagined). It is mostly the USPTO which 'exports' those bad laws to the rest of the world. The problem ought to be squashed in the US and in Japan.

Patents on Life



Red Hat's new Web site writes about how the GPL can inspire a solution to the increasingly-serious injustice which is patenting of living things [1, 2].

The Economist is right on top of the story of the first fully synthetic life-form. For those of you who may have missed the announcement last week, Craig Venter and Hamilton Smith, the two American biologists who unravelled the first DNA sequence of a living organism (a bacterium) in 1995, have pushed the envelope again, demonstrating the first successful boot-up of a synthetic bacterium. Editors at the Economist argue that the only sensible way to protect ourselves from such creations is to require that the DNA sequences be open source. It is a profound insight.

[...]

But now he's back, and he's built the one thing that sits as an exception to the Gene Patent exclusions: a wholly synthetic lifeform. Does Ventner really want to advance science (which he has done), or is he searching, like Charles Muntz, villain of the PIXAR movie UP, for his ultimate, exclusive patent on life?


What happens when patent law kills patients? [via]

When a child dies of brain disease at Children's Hospital of Orange County, Philip H. Schwartz meets with the parents, explains his research and asks them to donate their child's brain to his quest for a cure.

"These are not easy conversations to have," he said. "There are expectations by parents that if they allow us to do that to their child, it will serve a useful purpose."

But for three years, the cells derived from many of those children's brains have been suspended in limbo, frozen in Thermos bottles. The nonprofit Southern California hospital has shut down the research, intimidated by a patent claim from the Palo Alto biotech company StemCells. The company's co-founder is esteemed Stanford stem cell scientist Dr. Irving Weissman, one of the world's most passionate advocates for giving scientists access to a field entangled by politics, ethics — and now money.


Against Monopoly asks, "Who Owns You?"

Recent Techrights' Posts

What LibreOffice and TDF Get Right About Document Formats (and What They Get Wrong)
OOXML is a phantom - it is something nobody implements, not even Microsoft!
Cannot Speak About IBM Wrongdoing or Jobs Being Sent Overseas (Lower Salaries)
IBM has long attacked the media, the whistleblowers, and even online forums
European Patent Office (EPO) Series: The CIA-Funded Centre-Left in Portugal
In the political turmoil which followed the fall of the old regime, the communists seemed to be acquiring a dominant position and there was a very real risk that Portugal could end up aligned with the Eastern Bloc if they were not stopped
Yesterday Afternoon The Register MS Published a Fake Article That Says "AI" 31 Times Because It Got Paid to Do This
What will happen when all those loans for slop (Ponzi scheme) stop and companies' marketing budgets - which include media bribes for hype campaigns - are no more?
Extraordinary General Meeting of Staff Union of the European Patent Office Ahead of Intensifying Strikes
We will, in the meantime, run a series about EPO corruption, which is now connected to corruption in Portugal and to corruption inside the EU
 
Communities and "Prosumers."
today's meetup will be about community
Gemini and Gopher Links 10/06/2026: Roasting, Changes, and Harms of Slop
Links for the day
IBM Genies in the Bottle
for ordinary people working who at at IBM, it's not hard to see that IBM is floundering
Microsoft Azure Shrinking With More Mass Layoffs
"Reports suggest the layoffs will impact close to 200 out of 400 workers, who are set to cease employment at Azure on July 6"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 09, 2026
IRC logs for Tuesday, June 09, 2026
European Patent Office (EPO) Series: The Centre-Right "Social Democratic Party" in Portugal
Quite an achievement for a former Maoist radical and aspiring champion of the Portuguese proletariat to be invited to join Goldman Sachs
SLAPP Censorship - Part 102 Out of 200: Maybe One Day Whistleblowers From Brett Wilson LLP Will Tell Us What Really Happened
Maybe one day some former staff of Brett Wilson LLP will also approach us to blow the whistle
Gemini Links 09/06/2026: "The Mist of the Lands Between", Board Game Concept
Links for the day
2026: The Year Slop Companies "Made an Exit" (Threw in the Towel Over to Wall Street)
Remember 2026 as the year two major slop companies (which we won't name) sought an IPO
Links 09/06/2026: NSO Group still cracking, "FOI tribunal throws out £14k costs claim against journalist Barnie Choudhury"
Links for the day
Links 09/06/2026: "Smartphones Broke Dating" and "EU Open Source Strategy"
Links for the day
This Coming Friday
Richard Stallman (RMS)
Several Slopfarms That Target "Linux" Seem to Have Died
Or perished severely
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 08, 2026
IRC logs for Monday, June 08, 2026
Gemini Links 09/06/2026: Tanana River, Cassette Beasts, and Emacs
Links for the day
IBM's Quantum Bubble Already Deflating
Shares down over $55 in a few days
European Patent Office (EPO) Series: The Brotherhood of São Bento
The Palácio São Bento – or São Bento Palace – is the seat of the Portuguese National Assembly in Lisbon
SLAPP Censorship - Part 101 Out of 200: Women Come to Realise They Don't Wish to Participate in Attacking Vulnerable Women
It relates to another topic that we shall be covering in the coming weeks
Links 08/06/2026: Proprietary Loaded With Security Holes, Armenia Defies Russia
Links for the day
Gemini Links 08/06/2026: NetHack 5.0.0 and Slop as Cannibalism
Links for the day
Links 08/06/2026: "Rising Emissions, Depleting Water" Due to the Pyramid Scheme of Slop; "Canada Needs to Rebuild Public Telecoms"
Links for the day
Brett Wilson LLP Reported to Police for Trying to Throw Large Parcel Into Our Home
This morning the campaign of intimidation...
GAFAM Bots Are Not "Good Bots"
There's nothing "Good" about Google
Links 08/06/2026: Criticism of Microsoft Trying to Criminalise Pointing Out Bug Doors, TikTok Now "Climate-Denying Social Media App"
Links for the day
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
The Cyber Show Has "Exciting Guests Coming" and a Gemini Capsule
"Site development is ongoing but now settling into a more stable form"
GNU/Linux Measured at 10% in Liechtenstein This Month
it seems like statCounter wrongly classified some GNU/Linux clients as Mac clients and is now issuing a correction
Communicating With Freedom - Part III - Quibble Envisioned as a New and Easily Accessible Communications Platform Based on LibreJS
the FSF really needs to become more active if not proactive in promoting those sorts of things
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.