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. Boycott Cyanogen/CyanogenMod If Its Anti-Google Rhetoric and Microsoft Funding Continue

    Cyanogen, which makes CyanogenMod, has become more of a Microsoft proxy than a real company, just like Nokia after Elop took over



  2. Marketing Illusions Shattered: Vista 10 is Not 'Free' and Not Even a 'Free' Upgrade

    The truth about Microsoft's pricing strategy is revealed almost a fortnight after Microsoft lied about it for the sake of diversionary publicity



  3. Crushing Software Patents and Patent Maximalism in the US Still Not the Goal of Political Actors

    The debate about scope of patents in the United States still misguided if at all existent as both Michelle Lee and the GOP obsess over "trolls"



  4. Catarina Holtz From the EPO Boards of Appeal Explains Bad Behaviour of the Management With Regards to EPC 2000

    The violations of rules set forth by the European Patent Convention (EPC) are being discussed by an EPO veteran (now retired)



  5. The EPO's Paid Propaganda Campaign in the Media

    EPO buys (using public money) coverage that is favourable to its rogue management's agenda, demonstrating utter disregard for scientific processes



  6. Links 31/1/2015: Open Lunchbox, Librem 15 at Around $400,000

    Links for the day



  7. Links 30/1/2015: CERN Adopts 64-bit GNU/Linux, Inkscape 0.91 Released

    Links for the day



  8. Apple- and Microsoft-Friendly Media Continues Attacking Android/Linux

    Some of the latest examples where corporate media (funded and run by large corporation) distorts facts, selectively covers facts, and generally serves to protect the Apple-Microsoft duopolist world view



  9. Qualys Admits That Its Scare Campaign (So-called 'GHOST') Somewhat Baseless

    Even the company that bombarded the media with its "GHOST" nonsense admits that this bug, which was fixed two years ago, does not pose much of a threat



  10. European Unitary Patent and Court System in Trouble

    New resistance to the Unitary Patent amid allegations of misconduct in the European patent authorities



  11. Text of Ruling/Decision Against Željko Topić (Regarding Audi as a Bribe)

    The legal loss of Željko Topić laid bear for the public to see even outside Croatia



  12. Media Coverage of Demonstration Against Jesper Kongstad of the Administrative Council (EPO)

    Last week's EPO demonstration has been covered by Danish media, raising awareness of the "banana republic" state of the EPO



  13. Links 29/1/2015: Android Shipments in 2014 Exceed 1,000,000,000, LibreOffice 4.4 is Out

    Links for the day



  14. Corporate Media, Led Astray by Patent Lawyers, Continues to Distort the Reality of Software Patents Post-Alice

    The press of the rich and the powerful continues its attempt to preserve software patents, despite the US Supreme Court's decision to abolish a lot of them on the basis of abstraction



  15. An Estimated 1,000 EPO Employees-Strong Legion Engulfs Danish Consulate to Protest Jesper Kongstad's (of Administrative Council) Protection of Benoît Battistelli

    A large protest waged by staff of the EPO targets one of the key facilitators of Battistelli's terrifying tyranny



  16. Links 28/1/2015: Ubuntu Touch Windowed Mode, NVIDIA Linux Legacy Drivers Updated

    Links for the day



  17. Breaking: EPO Vice-President Željko Topić Loses Defamation Case in Croatia

    The EPO's notorious Vice-President, whose appointment at the EPO is still raising some alarming questions, has just lost his case in Croatia (one of many cases), motivating us to accelerate coverage about the persona known as Željko Topić



  18. Qualys Starts Self-Promotional FUD Campaign, Naming a Bug That Was Already Fixed 2 Years Ago and Distros Have Covered With Patches

    Responding to the media blitz which paints GNU/Linux as insecure despite the fact that bugs were evidently found and fixed



  19. The Openwashing of Microsoft is Now Threatening to Eliminate the Identity of Free Software

    More openwashing of Microsoft, including in the corporate media, shows just to what great an extent and how quickly the old "Microsoft Open Source" Big Lie grows feet



  20. Links 27/1/2015: Plasma 5.2, Dell Precision With GNU/Linux

    Links for the day



  21. Microsoft's Media Attack on Free Software and GNU/Linux

    Brainwash war is still being waged by Microsoft and its friends to convince people that Windows is universally dominant and that Microsoft is now part of the Free software world



  22. Microsoft Accounting Practices After Fire Again, After Previous Abuses and Book-Cooking

    After the infamous IRS brawl comes another confrontation between Microsoft and the SEC, which is unhappy with Microsoft for seemingly cooking the books again



  23. Links 26/1/2015: Debian 8.0 “Jessie” RC1, Linux Kernel 3.19 RC6

    Links for the day



  24. Links 25/1/2015: Android Wear 5.0, Tizen in Bangladesh

    Links for the day



  25. IRC Proceedings: January 11th, 2015 – January 24th, 2015

    Many IRC logs



  26. Links 24/1/2015: Zenwalk Linux Reviewed, Netrunner 14.1 Released

    Links for the day



  27. The Latest 'Microsoft is Open Source' Propaganda a Parade of Lies

    Microsoft myth makers continue their assault on what is objectively true and try to tell the public that Microsoft is a friend of "Open Source"



  28. Apple -- Like Microsoft -- Not Interested in the Security of Its Operating Systems

    Apple neglected to patch known security flaws in Mac OS X for no less than three months and only did something about that vector of intrusion when the public found out about it



  29. As Battistelli Breaks the Rules and Topić Silences Staff, New European Parliament Petition for Tackling the EPO's Abuses is Needed

    The neglected (by EPO) Article 4a of the European Patent Convention (EPC) and the European Parliament petition/complaint against the EPO's crooked management



  30. Links 23/1/2015: Red Hat on IBM Power, Meizu Leaks With Ubuntu

    Links for the day


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