Bonum Certa Men Certa

“The USPTO Has Blown Smoke and Lived in a World of Denial and Obfuscation”

Nina Paley on patents
Credit: Nina Paley [via FFII]



Summary: BNET publishes strong criticism of the USPTO and what seems like a patent troll called Soverain Software LLC proves his point

IN HIS NEWEST essay, "Patent Office Admits the Truth: Things Are a Disaster", Erik Sherman rips apart the USPTO and suggests removing software patents:



The U.S. Patent and Trademark Office, under its new director, David Kappos, has finally begun to seriously address transparency of information with a new data visualization dashboard. The big lesson? As a number of people who watch the organization have thought, for years — years — the USPTO has blown smoke and lived in a world of denial and obfuscation.

[...]

Perhaps the answer is to drop technologies like software patents. By the time the six years have gone by, what you could have protected is likely already swept into industrial-sized dust bins. It’s particularly true of smaller companies, as a large-scale study found that high costs often deter companies from getting patents.


The USPTO probably knows that those newly-issued patents it stamps are worthless, beneficial mostly to monopolists, and a treasure to patent trolls which do the exact opposite of spurring innovation. It's time to shine some light on the USPTO and let examiners see for themselves what they are doing to their surroundings, especially those who approve patent monopolies on mathematics and life-saving drugs/biology.

Here is the latest patent blunder, taking place in the Eastern District of Texas, as usual: [via]

A judge in the U.S. District Court for the Eastern District of Texas has ruled against online retailer Newegg Inc. in a patent infringement law suit over shopping cart software and other related e-commerce applications.

This afternoon judge Leonard Davis ruled against Newegg and in favor of Chicago-based Soverain Software LLC in a case filed three years ago. Soverain Software LLC, which sells transaction management technology, filed suit against Newegg Inc. and other big web merchants in November 2007. At the time Soverain Software accused Newegg, CDW Corp., Systemax Inc., Redcats USA and Zappos.com of infringing on three of its patents that cover the underlying technology that e-retailers use to handle purchases and payments, as well as for their online shopping carts.


It's tempting to say that it's a patent troll. Earlier this year an article said that "Soverain denied that it is a "troll," pointing to its flagship product, Transact, which it has sold to customers in 25 countries. Citing pending litigation, the company declined to comment further."

Patent offices have a role not in providing jobs to more lawyers. These offices were originally created to advance science, clearly not to be detrimental to it.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman

Recent Techrights' Posts

[Video] Richard Stallman's Talk in Sweden, Attended by Nearly 700 People, is Now Online
The Web page is in Swedish, but the talk is in English
 
Slopwatch: LinuxSecurity, UbuntuPIT, and Various Slopfarms Propped up by Google News
Why can't Google News do better than this?
Links 25/10/2025: Two New Smokescreens for Scam Altman and ‘TikTok USA’ Remains in Limbo
Links for the day
Bad faith: can't change Debian Social Contract (DSC) without unanimous consent of every joint author
Reprinted with permission from Daniel Pocock
Confirmed: Very Close Friend of Bill Gates and Microsoft's Biggest Patent Troll Nathan Myhrvold Flew the Lolita Express (a Gateway to Pedophilia), According to Bill Gates-Sponsored Seattle Times
There is no speculation or any "conspiracy theories" here;' those are verified facts
Gemini Links 25/10/2025: "The Highest Leader of The Global Civil Society Community", SSL Certificates Causing Bitrot
Links for the day
Links 25/10/2025: Target Layoffs and "Shutdown Sparks 85% Increase in US Government Cyberattacks"
Links for the day
"Big Data" Was a Big Lie
Remember "Big Data"? Remember "Data Scientists"...?
statCounter Has Been Broken for a Long Time
Considering the huge proportion of Web requests that come from LLM bots (more so this past year or two), statCounter may struggle to justify the operating costs
Techrights Anniversary Party on November 7th
Let us know if you need any accommodation-related arrangements
Trends That Must Alarm Microsoft and Mozilla
Expect Firefox to no longer be supported by various sites in the US
Why Microsoft Became the Layoffs Leader
The corporate media is projecting or signalling its own dishonesty when it tells us that Microsoft is a very "valuable" company while the data shows Microsoft is also a "market leader" in layoffs
Speaking for Ourselves and Letting the Facts Speak for Themselves
we've already published over 50,000 pages
For Second Time in a Day The Register MS Takes Money From Private Companies to Sell a Ponzi Scheme
Do not have empathy for those who have zero empathy towards you
IBM is Misleading IBM Shareholders
IBM is still all about vapourware and buzzwords
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 24, 2025
IRC logs for Friday, October 24, 2025
The Serial Slopper Starts Up - or Restarts - His Plagiarism Machine (LLMs)
Serial Sloppers like these don't belong in news sites. That's why he got sacked by BetaNews.
Links 24/10/2025: Esperanto Music History, Anxiety, and New Portals
Links for the day
Slopwatch: LinuxSecurity.com, Linux Journal, and Pet Slopfarms of Google News
Why does Google News still advance these fake sites to the top of search results?
Links 24/10/2025: Inequality Grows, Billion-Dollar Scam Center Industry
Links for the day
Links 24/10/2025: "Independent Media in Cambodia is Collapsing" and Serious F5 Breach
Links for the day
Coping With the Site Going More Mainstream
Fame is no laughing matter
They Never 'Put Down' Corporations
There are "pests" that are traded in Wall Street
21 Pages in Less Than 7 Hours is No Joking Matter
We've become a lot more effective and efficient
Correct Information is a Valued Asset in the Age of Slopfarms and Public Relations (PR) or Spin
Publishing suppressed facts is never easy
The Register MS Continues to Bag Money to Promote a Ponzi Scheme, Even Money From China
Today in the front page
analytics.usa.gov: The Only Supported Version of Windows (This Past Week) is Only Used by About 13.9% of People in the US, the Home Base of Windows
Even Vista 7 is still used more
Rust is Very Secure
If only Rust itself is secure
Who Will be Held Accountable for Breaking Ubuntu by Imposing Rust on Otherwise-Functional Programs, in Effect Replacing GNU With Proprietary Microsoft (GitHub)?
they're practical people who merely point out that a bunch of buffoons not only ruin Ubuntu but also every future distro based on Ubuntu
Generation Chaff - Phase VIII: In Summary
Like "Science" with a capital "S", what we see here commercial interests usurping everything
Generation Chaff - Phase VII: Curtailing Alternative Media
There was always an obligation - a collective duty of sorts - to uphold independent journalism
Generation Chaff - Phase VI: Centralisation of Information (X, Cheetok/Fentanylware)
Would you trust information when controlled by such people?
Generation Chaff - Phase V: Censorship of Dissent (Painted as Harassment or Terrorism)
Censorship is all around us now
Generation Chaff - Phase IV: Apps Only Few Companies Decide On
Tools are being collectively confiscated, under the premise or false prospect of "security"
Generation Chaff - Phase III: Slop and Plagiarism
A lot of the current so-called 'economy' is built upon false valuations
Generation Chaff - Phase II: "Cloud", Blockchains and Other Hype
For those of us who turned down those propositions there was a struggle; we needed to justify not having skinnerboxes or "social" accounts in some site run by a private company
Generation Chaff - Phase I: Social Control Media
IRC predates the Web
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 23, 2025
IRC logs for Thursday, October 23, 2025
More Clues Shed on Collapse of Microsoft XBox
XBox is basically circling down the drain as Microsoft implements 2-3 waves of layoffs each month
'Vibe Coding' Doesn't Work
In a lot of ways, so-called 'Vibe Coding' is already considered vapourware or a passing fad promoted in the media by managers who try to justify mass layoffs, especially ridding companies of "very expensive" software engineers
Links 24/10/2025: Microsoft's Killing of XBox Connected to Revenue/Profit Problems, "How Elon Musk Ruined Twitter"
Links for the day
Gemini Links 24/10/2025: 86,400 Seconds and "Society's Task"
Links for the day
Slopwatch: Google News and Slopfarms That Relay Nonsense From LLMs
Google News, which once prioritised or used to care about provenance and quality, is feeding slopfarms
Links 23/10/2025: More Health Concerns Over Dumb Chatbots (LLMs) and "Talking Cars" as Latest Buzz
Links for the day
Gemini Links 23/10/2025: Daylight Savings Time and Duration Shorthand
Links for the day
Links 23/10/2025: LLM 'Hallucinations' (Defects) in Practical Code 'Generation', China Becomes More Economically and Technologically Independent
Links for the day
Why We Support Richard Stallman and You Probably Should Too
It's not about being "Richard Stallman fan", it is about maintaining the right to hold positions (on technology) like his
Linux Foundation Uses LLM Slop to Promote Microsoft in Linux.com (Again), Rendering It a Linux-Hostile Slopfarm
Openwashing with slop by "Linux.com Editorial Staff", which basically seems to be a bot
Some Large German Media Covers Richard Stallman's Talks in Germany Earlier This Week
LLM-based chatbots are just "bullshit generators" (as he has long called them)
Links 23/10/2025: Windows TCO Galore and "The Internet Is Going to Break Again"
Links for the day
Trouble in Red Hat/IBM and a Retreat to Ponzi Economics in Search of Wall Street Market Heist
Would you invest your life savings in this kind of crap?
Who Asked Software in the Public Interest (SPI) for a Refund? ($100,000, Resulting in Losses of $267,201 in 12 Months, Highest-Ever Losses)
The IRS does not reveal who or what's tied to this refund (or the cause/reason)
Social engineering attack: Debian voted to trick you on binary blobs
Reprinted with permission from Daniel Pocock
Techrights Will Always Stand for Women's Rights
We even invest money - personal savings that it - in our principles
Certified Lawyers Should Know Better (Than to Intimidate Us With Man Who Drives on Motorcycle Through a Really Bad Storm Between Distant Cities, Then Collects Photos of Our Home)
Mentioning someone was in prison for bad things isn't a crime, it's a public service
The "AI" (Slop) Bubble is Already Imploding
"ChatGPT Usage Has Peaked and Is Now Declining, New Data Finds"
The So-called "Sexy" Buckets (AI, Quantum) Cannot Save IBM From Reality, Shares Tank
"No matter how much financial hocus-pocus they use to reclassify revenues to land in the "sexy" buckets (AI, Quantum), it still smells old and musty - just like this company."
Paul Krugman is Wrong About the Scope of Mass Layoffs in the United States
A few years ago society was accelerating its journey towards feudalism, boosted by COVID-19
Links 23/10/2025: Proprietary Blunders and CISA's Latest Disclosure of Holes
Links for the day
Gemini Links 23/10/2025: Fast Past (F1), 99.9% Uptime
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 22, 2025
IRC logs for Wednesday, October 22, 2025