Bonum Certa Men Certa

Klinkert Zindel Partner is Promoting Software Patents in Europe

Bronze babyland statue
Lawyers help the software patent trolls, which mean business to legal firms



Summary: Another supporter of USPTO-style patent law in Europe is named and rebutted

LAST MONTH we showed that New Zealand's patent law was getting a loophole similar to Europe's. It's intended to allow software patents to enter from the back door and this happened after intense lobbying for software patents, in part by A J Park [1, 2], a lawyers' firm which recently lied about Europe in order to advance its agenda. A lawyer from this law firm called Klinkert Zindel Partner (Germany) has just used InternationalLawOffice.com to further advance his agenda by publicly defending software patents. For example he says:



In practice, the new development is to be be welcomed. While making it easier to obtain software-related patents, the decision also clarifies the related requirements. Further, concerns about innovation being impeded by software patents relating to trivial technical solutions are unfounded.


What do they know about innovation? They are patent lawyers. They help impede innovation. Why does this site/journal repeatedly give a platform to many lawyers, not taking account of the consequences to the industry (not of the lawyers, the one that actually produces real products)?

TechLiberation.com, a longtime critic of software patents, gives the history of software patents this week:

Goetz’s ADR became the first recipient of a patent on software in 1968, “a clear turning-point in the recognition of software as a product, not a service.” With attorney Mort Jacobs, Goetz determined that their software should be licensed rather than sold to customers to prevent them sharing programs, “a customary and accepted practice” at the time.

This anecdote doesn’t prove anything, but it offers a lot of food for thought and discussion. To wit:

* Johnson’s account favors today’s software patenting status quo. She refers to the “natural market” for ADR’s software, implying that IBM’s practice of writing and giving away software would have been an unnatural influence. She portrays Goetz’ pursuit of a patent as “defensive,” though there’s an equally plausible interpretation in which IBM plays defense against an insurgent by writing software to match its offering. Blocking that option by seeking a patent would part of going “on offense.” Finally, Johnson characterizes the ADR patent as “recognition” of what she appears to take as the right outcome.

[...]


We wrote about Martin Goetz when he took pride in making software patentable. The “defensive” excuse never held water because there is no contractual agreement assigned to a patent to say it cannot be used in a lawsuit. Patents are monopolies and they can only be used like weapons are used; there is nothing defensive about monopolies and arms. It's time to get rid of this apologetic notion.

"They [EPO examiners] claim that the organisation is decentralising and focusing on granting as many patents as possible to gain financially from fees generated." —Expatica, European Patent Office staff on strike

Recent Techrights' Posts

IBM Misleads and Gaslights Investors With Slop Sold as "AI" (the Business is Waning, Mass Layoffs Continue)
People who do this are dishonest. They should not be put in charge.
Why Microsoft Accenture Has So Many Layoffs in Recent Years
The debt of Accenture doubled a year ago
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 01, 2026
IRC logs for Sunday, February 01, 2026
Gemini Links 01/02/2026: Fossil Heating Installations and Some FOSDEM Coverage
Links for the day
The State of Memory Leaks in GNU/Linux
The issue won't be solved by adding more memory
Links 01/02/2026: Nvidia's Jensen Talks Down Microsoft 'Open' 'Hey Hi' and Britain's Starmer Makes Friends With China, Japan
Links for the day
Links 01/02/2026: Public TV Gutted by Cheeto, Billionaires Fund a Cheeto Propaganda Movie in 'Documentary' Clothing
Links for the day
The New Site ("New Techrights", SSG Since 2023) Exceeds the Old Site in Requests
The "New Techrights" gets about twice as many requests as the "old" (WordPress) "Techrights", the site of 2006-2023
20 Years Ago
Some time soon all this slop frenzy will become like yesterday's "blockchain" or "metaverse"
Gemini Links 01/02/2026: Zdzisław Beksiński and Disconnected Git Workflow
Links for the day
Talks About Nadella's Microsoft Exit After Chatter About Tim Crook Leaving Apple (Years Ahead of Retirement Age)
Mass layoffs and record debt do not represent a company's health.
We Still Cover the Same Problems We Spoke of 20 Years Ago
We're not easily seduced by "novelty" (new things), we try to judge them critically
Patents Standing in the Way
They also cause environmental harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 31, 2026
IRC logs for Saturday, January 31, 2026
IBM, a Microsoft Company
Microsoft and IBM as a pair go a long way back
A Lot Less GAFAM in Scandinavia
Are they reacting to geopolitics and risks from the US?
IBM Kills Companies It Bought (Neudesic Seems Like Latest Casualty)
Why isn't even a single publisher investigating those things?
Fake "Linux" Articles
Just because some platform has "Linux" in the domain name and/or site name does not imply that it is a news/Linux site
Gemini Links 31/01/2026: "Proof Without Content" and "Technology Connections"
Links for the day
Links 31/01/2026: Microsoft "OpenAI Representatives Are Going to Critics’ Houses With Threats and Demands", Its Proprietary Chaffbot Faces More Lawsuits
Links for the day
Links 31/01/2026: "Introducing Encrypt It Already" and "Huge Cache of Epstein"
Links for the day
A Can of WORMS - Part I - Trying to Throw RMS Under the Bus at MIT and Everywhere Else
This series won't give air to online 'trolls'
Mobbing at the European Patent Office (EPO) - Part I - An Introduction
When the series ends, some time around the second or third EPO strike of this year, we'll contact the relevant authorities and plead for intervention
The Solicitors Regulation Authority (SRA) Delusion - Part I - Who Regulates This Regulator? (Only Itself!)
We won't self-censor or prematurely terminate this series
Norway Almost Trusts Russia More Than the Bill Gates (Sleeping With Young Russian Girls) Company, Microsoft
Microsoft represents crime
Riddle Us This... (Jim Zemlin and Bill Gates)
Do these people even understand the literal meaning of "safe space"?
Is "Nobel Prize for Peace" a Sick Person's 'Code Word' for Gangbanging Now? Ask Bill Gates.
Watch all the Gates apologists getting all silenced/silent
BBC Gaslights Women Sexually Exploited (Many Under Legal Age) for Its Rich Sponsor, Bill Epsteingate (Gates)
Is this a national broadcaster or a propaganda tool "For Rent"?
Microsoft 'Open' 'AI' Reportedly About to Become Bankrupt, Seeking Emergency Cash Infusion (Loans)
the money promised to Microsoft 'Open' 'AI' failed to arrive
Gemini Links 31/01/2026: Deep Ice and Slide Rules
Links for the day
Writing About Abuse
Never ever allow misogynists to get their way if you strive to live in a decent society
MIT DEDP MicroMasters online learner's blog post about cover-up linked to resignation of Swiss financial regulator
Reprinted with permission from Daniel Pocock
Salary Erosion Procedure (SAP) as the Primary Reason for EPO Strikes
They focus on financials, as the corruption aspects are un-sayable or unspeakable, except in private
IBM Bluewashing: Feels Like IBM is Scuttling Neudesic (and Some of Red Hat)
We recently saw some Red Hat staff joining a Microsoft proxy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 30, 2026
IRC logs for Friday, January 30, 2026
Microsoft Stock Collapsing Due to the Slop Bubble and Microsoft is Hiding Budget 'Black Holes'
Microsoft does not perform like it tells "the media" and "the market"