Bonum Certa Men Certa

With Patent Quality This Low, Who Needs Any?

Bar signTime to raise the bar of patents, not lower it

Summary: Another new batch of embarrassingly-trivial patents (the bar is set too low), Twitter's reluctance to have anything to do with patents, and news from Europe and Apple

"Breaking: Amazon 1-click invention is patentable subject matter, says Justice Phelan of the Cdn. Fed. Ct. Reasons," claims Yuri Chumak who points to this new decision [PDF]



They can't be serious, can they? One-click shopping is a patentable "innovation" now? Someone, somewhere, please revisit the charter of the USPTO. This is becoming somewhat of a farce of international proportions. And it gets worse. Rollover image is now a patent too, according to this report.

"Dear website owner, congratulations on your excellent site, which includes features covered by our registered patent, #5,251,294. As the description indicates, many of the components on your pages, particularly your menus, rollover images, and shortcuts, are detailed in our claim. We would be delighted to lease these to you at a reasonable royalty rate of $80,000. Please call our offices at your convenience to arrange a payment schedule."

Nuts, right? We wish. Meet the Webvention Company, which appears to exist largely for the purpose of collecting money from companies whose online sites include commonly used features that can be construed as part of patent 5,251,294.


It's not a joke. It's an actual patent granted by the USPTO and Microsoft's Traul Allen has similar patents which he sues everyone with. Then there's the infamous JPEG on a page patent covered in [1, 2]. It's tied to Niro, the father of patent trolling [1, 2, 3, 4, 5, 6, 7, 8, 9]. The exact nickname of the patent is "The JPEG-on-a-website patent".

Just how far is the USPTO willing to go? There are more software patents being announced with great pride this week. What does that really contribute to technology? Have we learned nothing about the harms of monopoly? Just consider the harms of Microsoft bundling and its effects on progress in computing. As one blogger has just put it:

This is a nice phrase to startle computer sellers in most stores. Why is it that most computers come with Windows preloaded? To satisfy the users?? I guess that the price reductions on Windows licenses for OEMs --and price increases if they dare to sell equipment without Windows preloaded--have nothing to do with it. Nor does Microsoft's interest in fair competition and fair play.

So...if Windows comes with the computer, does that mean that Windows is part of the computer?

Clearly not. Microsoft licenses mean that the software is neither part of the computer nor yours. For the vendors, the licenses mean they have the permission to install it. What is yours is the permission to use it in your system. Do you own a copy of Windows? No, you don't. All of them belong to Microsoft, but they give you the privilege of using it--for a *small* price, of course! This resembles communism so much if you ask me. The differences are the entity that owns the goods and how people are granted the permission to use them. And still some say that Open Source equals communism??!!


Going back to the subject of patenting, BNET says that Twitter -- despite its near-monopoly in its area -- is not interested in patents:

Twitter co-founder Evan Williams predicted yesterday that the social media company will hit a billion users in time. It seems like wishful thinking if you look at the company’s traffic trend lines, but there’s no question that Twitter is big in social media. That’s why I find its patent strategy curious. Check US Patent Office records week after week and you begin to notice that Twitter doesn’t appear to ever file an application, let alone receive a granted patent.


Contrast that with Facebook, whose Microsoft-loving management has begun hoarding software patents [1, 2, 3, 4].

Over in Europe it's an entirely different story. Patent trolling is very scarce there, it hardly exists in fact (patent trolls utilise software patents, which are broad and impact a wide range of companies). The Geneva-based WIPO has been kind enough to give Free software proponents a room in the discussion over patent law and the nearby reporters from IP Watch covered the proceedings: [via]

Patents aren’t what they used to be at the World Intellectual Property Organization. Discussions to come up with a work plan at the Standing Committee on the Law of Patents (SCP) this week and in recent meetings point to the possibility of a sea change in thinking over what matters about intellectual property policy and law.


This article also speaks about royalty-free standards:

“Seeing as royalty-free standards can be implemented by anyone, where exactly do you see a barrier to trade in that?” added Karsten Gerloff, president of the Free Software Foundation Europe. The FSFE position on patents and standards is here.


The FSFE and the FFII have both been effective at exposing attempts to push software patents into Europe. Microsoft and its front groups try to do this via pseudo-standards and protocols/APIs (F/RAND), aided by corruptible or innocently misguided politicians. Apple does not appear to have real presence among the lobbying groups, but its actions too are a deterrent to innovation in the EU. Yesterday we wrote about the so-called 'anti-sexting' patent from Apple. A more professional name for it is "text message filtering" and it still brings memories from last month's censorship of SMS transmission by a large US carrier (done without user consent). Apple apologists may say:

Apple's invention, which may or may not ever find its way into an actual product, aims to stem the scourge of offensive texting.


Last month we saw such software being used not by actual customers but by the babysitting carrier. One day it may be just "offensive texting" (or "terrorism" and "child porn") and as time goes by, political dissent, just as an hypothetical example, can be automatically intercepted too. See this video which we posted earlier today.

Hugo Roy, the FSFE member who famously got in touch with Steve Jobs, shares news about another new patent from Apple. This article says: "A batch of approved patent applications from Apple issued by the U.S. Patent Office this week include descriptions of significant multi-touch innovations, such as pinch-to-zoom and knob controls."

Keep it classy, Apple. If Apple gets sued more often, maybe then it will stop amassing software monopolies.

Recent Techrights' Posts

IBM Lost Nearly 33% in "Value" in 3 Months (Shares Down $100), But Nobody Held Accountable
This is a truly dysfunctional company
Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
 
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline
Techrights at 19.5 (We Started in 2006, Days After the Microsoft/Novell Deal)
When Novell bought Ximian (run by the "best friend" of Graveley) it brought trouble to all of us, not just to Novell
In Croatia, Microsoft Windows Share Sank From 98% to All-Time Low of 67% (or 28% If One Counts Android)
statements made last week (and last month) by Microsoft's CEO confirm that Windows is rapidly losing users
SLAPP Censorship - Part 75 Out of 200: All True, All Verifiable, Unlike Garrett and Graveley Lying to at Least Three High Court Judges About What They Did
A lot of what I said a year ago not only turned out to be correct; it was moreover affirmed by Garrett after he had sworn on the Bible and put himself at risk to his liberty
The Corrupt Lecture the Non-Corrupt - Part XXI - EPO President Campinos Bribing to Buy His Seat, But Cautions Staff Against Bribery
This isn't a democratic institution
Gemini Links 12/05/2026: Spring Cleaning and New GemText Software
Links for the day
Links 12/05/2026: Samsung Sued by Dua Lipa (Publicity Rights), ‘Savage Love’ Copyright Infringement Lawsuit
Links for the day
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day
Links 11/05/2026: Another Oracle Setback and Mass Layoffs in Iran
Links for the day
Gemini Links 11/05/2026: Older Can Be Faster and Textmode Workflow
Links for the day
Links 11/05/2026: The Solicitors Regulation Authority (SRA) Admits It Only Reacts When It's Too Late (Damage Already Done), Ombudsman’s Animal Cruelty HK Report
Links for the day
If It Takes You a Second to Serve (or Receive) a Page, That's Definitely Too Slow
For speeds at milliseconds (e.g. for pages to fully load in a tenth of a second) the pages must be ready to be sent as soon as they're requested
It's Not About Speed, It is About Patience and Adherence to Truth, Principles, Scientific Integrity
attacks on us only ever made us stronger - a lesson that our adversaries have learned the hard way
Cyber Show Does it Like Techrights: Static and Gemini Protocol as 'First-Class Citizen'
HTML and GemText (over Gemini Protocol) would be rendered in tandem
Libya's Share on the Web: 5.2% GNU/Linux
GNU/Linux has hit an all-time high there
SLAPP Censorship - Part 73 Out of 200: Microsoft's Graveley and Garrett Remain Closely Connected in May 2026 ("Tag-Teaming" Against Bloggers in Another Continent)
The phrase "judge a person by their friends" seems applicable here
Codecs and Software Patents - Part VI - The European Patent Office, Nokia, Microsoft, Sisvel, and More
Whatever Nokia used to be, it's certainly not an ally and a lot of the turmoil at the EPO is the fault of companies like Nokia
Discussions About When the Axe Falls at IBM/Kyndryl (11,000 Layoffs Estimated)
"Kyndryl restructuring should reduce overhead functions and reduce the number of managers that lack technical knowledge"
A World After Microsoft (and GAFAM) and After GitHub Shuts Down
the only growth area is debt
Fake News, Propaganda, and Misinformation: Microsoft Investing Money It Does Not Have in "Hey Hi" (for "Entertainment Purposes" Only)
This will not end well
Today the Whole European Patent Office (EPO) is on Strike and Next Monday an Even Bigger Strike
the media refuses to cover these and is thus complicit
The Corrupt Lecture the Non-Corrupt - Part IXX - EPO Management Speaks of Reputation and Integrity While Putting Cocaine Addicts in Management
If the EPO values its "reputation", then it needs to start by ousting the management
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 10, 2026
IRC logs for Sunday, May 10, 2026
Links 11/05/2026: Security Breaches, Politics, and Energy Crunch
Links for the day
Gemini Links 10/05/2026: "Accidental Cameras" and "Addictive" Interfaces in Social Control Media
Links for the day