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

06.17.10

Bilski Decision Likely Released This Monday, USPTO Urgently Needs a Reform

Posted in America, Law, Patents at 5:35 pm 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: In Re Bilski decision is imminent and the problems with the USPTO are meanwhile made more apparent, thanks to Acacia and Amazon

EVERYONE keeps asking where the Bilski decision is. It will definitely be released this month [1, 2, 3, 4] and Red Hat’s Fontana says that “Bilski is only remaining SCOTUS case to be decided from November 2009 sitting. Next day for opinions’s Monday 21 June.”

Jose’s rant about the USPTO is sign of the unrest we’re seeing as patent trolls like Acacia continue to gobble up patents with which to attack companies that actually produce something. Here is the latest from Acacia, which Microsoft paid a lot of money last month.

Acacia Subsidiary Acquires Rights to Patents for Video and Software Technologies from a Leading International Research Institute

[...]

The patented technologies generally relate to the encoding of video and tracking of video objects as well as software covering operating systems and object-oriented development environments.

It’s not innovation, it’s trolling. Microsoft happens to be part of this and VirnetX recently got a lot of money out of Microsoft. Now it “Advances to Russell 3000 Index and Global Index” (yes, parasites are being rewarded in this ill system).

Another new sign that the USPTO needs a reform is this new patent from Amazon which Slashdot describes as follows:

theodp writes “After shelling out a reported $90 million to buy PlanetAll in 1998, Amazon shuttered the site in 2000, explaining that ‘it seemed really superfluous to have it running beside Friends and Favorites.’ But years later in a 2008 patent filing, Amazon described the acquired PlanetAll technology to the USPTO in very Facebook-like terms. And on Tuesday, the USPTO issued U.S. Patent No. 7,739,139 to Amazon for its invention, the Social Networking System, which Amazon describes thusly: ‘A networked computer system provides various services for assisting users in locating, and establishing contact relationships with, other users. For example, in one embodiment, users can identify other users based on their affiliations with particular schools or other organizations. The system also provides a mechanism for a user to selectively establish contact relationships or connections with other users, and to grant permissions for such other users to view personal information of the user. The system may also include features for enabling users to identify contacts of their respective contacts. In addition, the system may automatically notify users of personal information updates made by their respective contacts.’ So, should Facebook CEO Mark Zuckerberg worry about Amazon opening a can of patent whup-ass?”

Legal firms* are counting patents (per nation) as though counting patents would give some indication of real progress rather than the level of vindictive protectionism. The USPTO ought to take pride in a system that has fewer patents (higher bar), not the opposite. That’s why the Bilski case is important. It is rare to see patentability scope being limited rather than extended at the USPTO.
___
* At the bottom it says “Bird & Bird is a recognised leader in the field of intellectual property law in the UK.” In other words, they make money from patents, i.e. taxing technology.

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

2 Comments

  1. Jose_X said,

    June 18, 2010 at 6:45 am

    Gravatar

    Software patent monopolies, if allowed, will mean these super trolls will decide exactly which companies can do what where and when. They can easily create a bunch of monopolies or preserve past monopolies. Patents are broad by definition.

    These supertroll business leaders will have so much leverage that entrepreneurialism will greatly suffer and software developers will have very little leverage since monopolies by law have little incentive to fear any competition and hence to spend their dollars on quality developers (who can’t challenge them through a start-up).

    That’s right, support software patents and many business leaders and top software developers will lose their leverage to more savvy monopoly horders.

    See http://www.linuxtoday.com/infrastructure/2010061701539OPMSSW “Watch Microsoft megatrolls monopolize Linux” (this one is mostly about mono)

    Also, for humor: http://getnix.com/thetuxproject/?q=node/400 “The Stifling the Progress Weekly announces award winner: the USPTO”

    Jose_X Reply:

    >> Legal firms* are counting patents (per nation) as though counting patents would give some indication of real progress rather than the level of vindictive protectionism.

    Not sure if you got my link message from irc yesterday. In any case, the second of the above links is a little bit of satire focused on how patents are absolutely intended to allow private individuals full tax rights and stifling rights. Too bad it’s not a good intro for people that don’t know too much about software patents. We need lots of new people to see sw patents for what they are and the trouble they will eventually cause, eliminating a lot of no charge software opportunities and small business opportunities, despite the fact those writing the open source intend for everyone to use it freely (and preferably to contribute back).

What Else is New


  1. British Media Slams Battistelli for Attempting to Cover Up 2 Years of Juridical Abuses With Help From the Administrative Council of the EPO

    A growing voice of concern about the integrity of the European Patent Organisation, whose management appears to be in cahoots (overseers/regulators included) so as to cover up its own serious abuses



  2. Boards of Appeal Still Under Attack From Team Battistelli While the EPO Proceeds to Granting Patents on Carlsberg BEER!

    The lunacy of the EPO with its patent maximalism will likely go unchecked (and uncorrected) if Battistelli gets his way and turns the EPO into another SIPO (Croatian in the human rights sense and Chinese in the quality sense)



  3. Memo “Deliberately Leaked to Cover up the UPC” With Its Many Associated Issues Amid Brexit

    Some eye-opening updates about the awkward move from Lucy Neville-Rolfe, who made promises (expression of intent) she can neither fulfill nor justify to the British public



  4. Links 8/12/2016: Korora GNU/Linux 25, SparkyLinux 4.5.1

    Links for the day



  5. Links 7/12/2016: ROSA Desktop Fresh R8 Plasma 5, Ubuntu Touch OTA-14

    Links for the day



  6. The UPC Scam Part VII: A Fine Mess in the Making, as Nothing Can be Made of It Amid/After Brexit

    The final part in this multi-part series about UPC, which cannot be implemented in the UK as long as Brexit is on the agenda



  7. The UPC Scam Part VI: The Real Story Which People Missed Due to Puff Pieces Seeded by Battistelli-Bribed Media is That UPC Technically Cannot Come to the UK

    Another long installment in a multi-part series about UPC at times of post-truth Battistelli-led EPO, which pays the media to repeat the lies and pretend that the UPC is inevitable so as to compel politicians to welcome it regardless of desirability and practicability



  8. EPO Spiraling Down the Drain as Experienced Examiners and Judges Are Seemingly Being Replaced by Interns

    Implementing yet more of his terrible ideas and so-called 'reforms', Battistelli seems to be racing to the bottom of everything (patent quality, staff experience, labour rights, working conditions, access to justice etc.)



  9. A Lot of News From the Supreme Court (SCOTUS) Today, With Some Important Decisions on Patents Coming Soon

    A roundup of today's outcomes from the US Supreme Court, which intends to review and decide on important patent cases



  10. In Historic Blow to Design Patents, Apple Loses to Samsung at the Supreme Court

    A $399 million judgment against Android devices from Samsung, with potential implications for other Android OEMs, is rejected by SCOTUS



  11. Good Riddance. Ray Niro is Dead.

    The infamous father of patent trolling is dead, so we need to remember his real legacy rather than rewrite his history to appease his rich relatives (enriched by destroying real companies)



  12. EPO Suicides Greater in Number Than is Widely Reported, Unjust System a Contributor to These

    The horrible regime of Benoît Battistelli has an enormous human toll (fatalities), far greater than the Office is willing to publicly acknowledge



  13. Lobbying Disguised as 'Reporting' by the Patent Microcosm, Which Wants More Patents and More Lawsuits (Lawyers Needed)

    A rebuttal to some new articles about patents, especially those that strive to increase patent-related activities (usually for personal gain)



  14. USPTO Echo Chamber That Lacks Actual Software Professionals Deciding on Patentability of Software

    A look at yesterday's "Roundtable on Patent Subject Matter Eligibility," which lacked involvement from those actually affected by patents rather than those who sell, trade, and exploit these



  15. More Examples of Microsoft and Its Patent Trolls Taxing Linux, Even After Microsoft 'Joined' (Paid) the Linux Foundation

    A quick look at the past week's news and clues about Microsoft's (and its broad army of patent trolls) strategy for taxing Linux, or imposing bundling at zero cost (to Microsoft)



  16. Heiko Maas, the SPD “Cash for Access” Affair, and Suspicions of Unwarranted Censorship at IP Kat (Again)

    Unsayable views or just a glitch? Readers of IP Kat express concern about a culture of censorship at IP Kat



  17. Endgame for Battistelli at the European Patent Office (EPO)

    Battistelli turns bad into worse by spitting on the very notion of accepting justice (from the highest court in The Hague or even the UN in this case)



  18. Les Échos Chamber: Having Corrupted the Media (With EPO Money), Battistelli Now Uses It for More UPC Propaganda

    The lies about the Unitary Patent are now being broadcast (Battistelli given the platform) by the publication that Battistelli pays



  19. Rumour: EPO in Berlin the Next Casualty of Battistelli's 'Reform' (Organisational Suicide Plan)

    Months after we learned that a former staff representative in Berlin had been dismissed we come across an anonymous claim that Berlin's 'branch' of the EPO will be folded onto Munich's



  20. Caricature: the Maas App

    The failure of Maas to even bother with regulation of Battistelli (among others) earns him this cartoon



  21. Links 5/12/2016: Linux 4.9 RC 8, DeepMind as FOSS

    Links for the day



  22. Leaked: Battistelli Acknowledges Bunk 'Justice' in About 100 Cases at the Internal Appeals Committee of the EPO

    A look at Battistelli's response to the latest from the International Labour Organisation (ILO), exceptionally delivering two decisions at the very end of last month



  23. The UPC Scam Part V: Unitary Patent Regime a Fantasy of Patent Trolls

    "Good for trolls" is a good way to sum up the Unitary Patent, which would give litigators plenty of business (defendants and plaintiffs, plus commissions on high claims of damages) if it ever became a reality



  24. EPO at a Tipping Point: Battistelli Quarrelling With French Politicians, Administrative Council Urged to Act, Staff Unrest Peaking

    The latest messages about Battistelli's regime at the EPO, which faces growing opposition from more directions than ever before



  25. Quality of Patents at the EPO Dependent on the Appeal Boards When Battistelli Assesses Performance Using the Wrong 'Production' Yardstick

    A look at some recent articles regarding patent quality in the US and in Europe, in particular because of growing trouble at today's EPO, which marginalises the appeal boards



  26. Microsoft's Push for Software Patents Another Reminder That There is No 'New' Microsoft

    Microsoft's continued fascination with and participation in the effort to undermine Alice so as to make software patents, which the company uses to blackmail GNU/Linux vendors, widely acceptable and applicable again



  27. Links 5/12/2016: SparkyLinux 4.5 Released, Kondik Exits Cyanogen (Destroyed After Microsoft Deal)

    Links for the day



  28. Software Patents Continue Their Invalidation Process, But Patent Law Firms Try to Deny This in Order to Attract Misinformed (or Poorly-Informed) Clients

    A roundup of news about software patents and demonstration of the sheer bias in the media, which is mostly controlled or steered by the patent microcosm rather than actual inventors



  29. Patent Trolls of Microsoft and Ericsson Are Trying to Tax Everything, Especially Linux Devices

    An update on Intellectual Ventures and Unwired Planet, whose operations pose a growing problem for Free software and Linux-based products (e.g. Android)



  30. Asia's Patent Litigation Chaos Getting Worse, Reaching Countries in the West, and Sites Like IAM Actively Promote This

    The race to the bottom (of patent quality) in China, the growth of patent trolls in the region, and the ruinous litigation strategy which now spills over even to the US -- through the Eastern District of Texas -- and may inevitably come to Europe (especially if the UPC ever becomes a reality)


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