06.18.10

Gemini version available ♊︎

Lessons to the UK-IPO and EPO, Courtesy of USPTO Failure

Posted in America, Europe, Law, Patents at 6:07 am by Dr. Roy Schestowitz

EU and US

Summary: What the UK Intellectual Property Office and the EPO ought to learn now that software patents are candidates for deletion in the United States

The final decision regarding Bilski is imminent [1, 2, 3, 4, 5] and Groklaw writes about the Bilski decision which leads it to “suspense”. To legal folks it matters a great deal.

No opinion on In Re Bilski will issue today. The next possibility is June 21.

Opinions today were in Dillon v. United States, Schwab v. Reilly, Ontario v. Quon, Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection and New Process Steel, L. P. v. NLRB. All are available at the link as PDFs, and there are some highlights by Tony Mauro on Law.com.

According to SCOTUSblog, Schwab was the last undecided case, except for Bilski, argued during the last November session.

I don’t know about you, but the suspense is killing me.

Groklaw then rebuts Patent WatchTroll, perhaps choosing to pay attention to lawyers to whom science is measured in terms of paperwork. They measure patent output, which is not a scientific measure of progress. They have also hijacked the patent system in order to increase benefits to themselves. Bastian Best is one example of someone who wants software patents in Europe for selfish reasons. A short while ago he asked: “Does anyone know a reliable #statistic about the number of #swpat filings vs. patents granted at the #EPO and the #USPTO? Help appreciated!”

As Simon Phipps put it regarding this article from March:

Not only is the patent system broken (it has forgotten to protect the public good in return for granting a temporary monopoly), but it turns out that thousands of the things are kept secret.

Shaped for an analog age where businesses were control points in a disconnected society, patents have become sinkholes for money an innovation in the connected digital age, allowing unjust monopolisation and chilling of network effects.

We are /so/ overdue reform of the patent system, in the UK, the US and pretty much everywhere else.

Patent lawyers in Europe are trying to legalise software patents and to an extent they succeed while the US goes the other way. In order to avoid the mistakes of the USPTO (which the Bilski trial seeks to correct), people all across Europe should refuse to acknowledge software patents.

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

5 Comments

  1. satipera said,

    June 18, 2010 at 8:44 am

    Gravatar

    I have in the past looked for and failed to find statistics relating to the number of software patents granted, trends, proportion of totals etc. I will be very interested if someone can come up with reliable figures.

    Dr. Roy Schestowitz Reply:

    How about this one?

    Software patent on rise

    Bastian Best Reply:

    Roy, would you mind telling me the link where this statistic can be found?

    Thanks in advance,

    Basti

    Dr. Roy Schestowitz Reply:

    It was in Wikipedia at one stage, AFAIK. Here is the source:

    http://commons.wikimedia.org/wiki/File:US_granted_software_patents.png

  2. satipera said,

    June 18, 2010 at 8:58 am

    Gravatar

    Thanks Roy I have never been a very good researcher.

DecorWhat Else is New


  1. Taking Techrights to the Next Level in 2023

    I've reached a state of "closure" when it comes to my employer (almost 12 years for me, 9+ years for my wife); expect Techrights to become more active than ever before and belatedly publish important articles, based on longstanding investigations that take a lot of effort



  2. The ISO Delusion: When the Employer Doesn’t Realise That Outsourcing Clients' Passwords to LassPass After Security Breaches Is a Terrible Idea

    The mentality or the general mindset at Sirius ‘Open Source’ was not compatible with that of security conscientiousness and it seemed abundantly clear that paper mills (e.g. ISO certification) cannot compensate for that



  3. Links 30/01/2023: Plasma Mobile 23.01 and GNU Taler 0.9.1

    Links for the day



  4. EPO Management Isn't Listening to Staff, It's Just Trying to Divide and Demoralise the Staff Instead

    “On 18 January 2023,” the staff representatives tell European Patent Office (EPO) colleagues, “the staff representation met with the administration in a Working Group on the project “Bringing Teams Together”. It was the first meeting since the departure of PD General Administration and the radical changes made to the project. We voiced the major concerns of staff, the organization chaos and unrest caused by the project among teams and made concrete proposals.”



  5. Links 30/01/2023: Coreboot 4.19 and Budgie 10.7

    Links for the day



  6. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



  7. [Meme] With Superheroes Like These...

    Ever since the new managers arrived the talent has fled the company that falsely credits itself with "Open Source"



  8. Not Tolerating Proprietary 'Bossware' in the Workplace (or at Home in Case of Work-From-Home)

    The company known as Sirius ‘Open Source’ generally rejected… Open Source. Today’s focus was the migration to Slack.



  9. The ISO Delusion: A Stack of Proprietary Junk (Slack) Failing Miserably

    When the company where I worked for nearly 12 years spoke of pragmatism it was merely making excuses to adopt proprietary software at the expense of already-working and functional Free software



  10. Debian 11 on My Main Rig: So Far Mostly OK, But Missing Some Software From Debian 10

    Distributions of GNU/Linux keep urging us to move to the latest, but is the latest always the greatest? On Friday my Debian 10 drive died, so I started moving to Debian 11 on a new drive and here's what that did to my life.



  11. Stigmatising GNU/Linux for Not Withstanding Hardware Failures

    Nowadays "the news" is polluted with a lot of GNU/Linux-hostile nonsense; like with patents, the signal-to-noise ratio is appalling and here we deal with a poor 'report' about "Linux servers" failing to work



  12. Microsofters Inside Sirius 'Open Source'

    Sirius ‘Open Source’ has been employing incompetent managers for years — a sentiment shared among colleagues by the way; today we examine some glaring examples with redacted communications to prove it



  13. Links 29/01/2023: GNOME 43.3 Fixes and Lots About Games

    Links for the day



  14. The Hey Hype Machine

    "Hey Hype" or "Hey Hi" (AI) has been dominating the press lately and a lot of that seems to boil down to paid-for marketing; we need to understand what's truly going on and not be distracted by the substance-less hype



  15. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  16. Unmasking AI

    A guest article by Andy Farnell



  17. The ISO Delusion/Sirius Corporation: A 'Tech' Company Run by Non-Technical People

    Sirius ‘Open Source’ was hiring people who brought to the company a culture of redundant tasks and unwanted, even hostile technology; today we continue to tell the story of a company run by the CEO whose friends and acquaintances did severe damage



  18. Links 28/01/2023: Lots of Catching Up (Had Hardware Crash)

    Links for the day



  19. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  20. Microsoft DuckDuckGo Falls to Lowest Share in 2 Years After Being Widely Exposed as Microsoft Proxy, Fake 'Privacy'

    DuckDuckGo, according to this latest data from Statcounter, fell from about 0.71% to just 0.58%; all the gains have been lost amid scandals, such as widespread realisation that DuckDuckGo is a Microsoft informant, curated by Microsoft and hosted by Microsoft (Bing is meanwhile laying off many people, but the media isn’t covering that or barely bothers)



  21. This is What the Microsoft-Sponsored Media Has Been Hyping Up for Weeks (Ahead of Microsoft Layoffs)

    Reprinted with permission from Ryan



  22. [Meme] António Campinos Wants to Be F***ing President Until 2028

    António Campinos insists he will be EPO President for 10 years, i.e. even longer than Benoît Battistelli (despite having appalling approval rates from staff)



  23. European Patent Office Staff Losing Hope

    The EPO’s management with its shallow campaign of obfuscation (pretending to protect children or some other nonsense) is not fooling patent examiners, who have grown tired and whose representatives say “the administration shows no intention of involving the staff representation in the drafting of the consultant’s mandate” (like in Sirius ‘Open Source’ where technical staff is ignored completely for misguided proposals to pass in the dark)



  24. IRC Proceedings: Thursday, January 26, 2023

    IRC logs for Thursday, January 26, 2023



  25. Sirius Relegated/Demoted/Destined Itself to Technical Hell by Refusing to Listen to the Technical Staff (Which Wanted to Stay With Asterisk/Free Software)

    In my final year at Sirius ‘Open Source’ communication systems had already become chaotic; there were too many dysfunctional tools, a lack of instructions, a lack of coordination and the proposed ‘solution’ (this past October) was just more complexity and red tape



  26. Geminispace Approaching Another Growth Milestone (2,300 Active Capsules)

    The expansion of Geminispace is worth noting again because another milestone is approached, flirted with, or will be surpassed this coming weekend



  27. [Meme] Cannot Get a Phone to Work... in 2022

    Sirius ‘Open Source’ wasted hours of workers’ time just testing the phone after it had moved to a defective system of Google (proprietary); instead of a rollback (back to Asterisk) the company doubled down on the faulty system and the phones still didn’t work properly, resulting in missing calls and angst (the company just blamed the workers who all along rejected this new system)



  28. [Meme] Modern Phones

    Sirius ‘Open Source’ is mistaking “modern” for better; insecurity and a lack of tech savvy typically leads to that



  29. The ISO Delusion: Sirius Corporation Demonstrates a Lack of Understanding of Security and Privacy

    Sirius ‘Open Source’, emboldened by ISO ‘paperwork’ (certification), lost sight of what it truly takes to run a business securely, mistaking worthless gadgets for “advancement” while compelling staff to sign a new contract in a hurry (prior contract-signing scandals notwithstanding)



  30. Links 26/01/2023: LibreOffice 7.4.5 and Ubuntu Pro Offers

    Links for the day


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