EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.02.11

President Obama Could Use Some Lecturing on the Subject of Patent Monopolies

Posted in Law, Patents at 12:48 pm by Dr. Roy Schestowitz

Leahy

Summary: US Senators are hoping to change patent law (not in the ideal way but at least progressively) while the President chants the same old pro-patents clichés

The Vermont Senator Patrick Leahy is among those who push the Patent Reform Act of 2011 (the other two are Orrin Hatch and Chuck Grassley) and the preliminary document is making the rounds right now:

Sen. Charles Schumer, D-N.Y., is circulating an amendment to the comprehensive patent reform legislation introduced Tuesday.

Schumer’s amendment would “authorize a pilot program for review of business method patents,” a relatively new patent concept that protects new ways of doing business.

President Obama is still getting criticised for his patent cheerleading from the other day, this time from TechDirt:

This really isn’t much of a surprise, given earlier statements from both President Obama and Commerce Secretary Locke concerning patents, but it’s still a bit disappointing to see that one part of the latest administration plan to jumpstart more entrepreneurship is to make it easier for them to get patents.

Maybe the patent propaganda is just a bit of PR intended to sell the false impression of great innovation as according to a patent lawyers’ blog, Chinese academics file so many patents because: “1) it’s free and 2) they get academic credit for it.” To quote the whole thing in context:

“The reasons why you are seeing such a large increase in Chinese Patents filed by Academics is that for them 1) it’s free and 2) they get academic credit for it. Filing patents is encouraged by the Chinese Government and Academia. The Chinese Government has given Universities (as well as local companies) funds for filing patents in order to spur innovation – one measure of which is the number of patents filed by China, as a country. Also, the Chinese Universities are ranked against each other according to how many patents they’ve filed. As a result, Chinese Universities have adjusted their tenure requirements and expectations such that professors who want to advance are virtually required to file patents as well as to publish papers. In one specific University I know of, filing a patent is “worth” 3 published papers. This practice has been around for at least 2.5 years. Thus you are seeing (proportionally) a very large number of Chinese Academics filing patent applications in China.

Notice all of this relates to filing patent applications – there is no discussion above about actually getting them granted, or any other such matters.

This is also a major factor as to why there is such an amazing increase in Chinese Patent filings (in the Chinese Patent Office) in 2008-10, while filings everywhere else in the world were dropping.”

Here is some more mapping of gold mines courtesy of patent lawyers and the likes of them (including patent trolls). Here is another new example of what software patents do for patent lawyers:

Late last year MobileMedia Ideas filed law suits against RIM and Hyundai asserting infringement of its U.S. Patent No. 7,349,012 for an apparatus for compressing image data. RIM has now requested reexamination of the ‘012 patent (ex parte Request No. (18)), and may now file a motion to stay its case with MobileMedia.

What an utter waste of effort and time. Rather than make better smartphones, all the companies involved are now engaging in patent battles and the ones who win the most are patent lawyers and patent trolls. The problem with recent patent reform propositions is that they only weaken trolls and not monopolists who use patents to tax or remove competitors from the market.

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

What Else is New


  1. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  2. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  3. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  4. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  5. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  6. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  7. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  8. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  9. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received



  10. Market Share Estimates Confirm That Vista 10 Failed in a Major Way

    Confirmatory evidence that Vista 10 is failing in the market about a month after its much-hyped (paid coverage) release



  11. When Microsoft, the Master of Patent Trolls, Complains About Trolls

    Possibly the world's biggest patent abuser and monopolist, which also creates many patent trolls (including by far the biggest one), takes on a far smaller abuser in Court



  12. Letter Signed by Two German Officials Becomes a Microsoft Weapon of Propaganda

    Microsoft and its minions refuse to leave Munich alone, even though the vast majority in Munich are perfectly happy with Free/libre software



  13. Links 25/8/2015: Linux Kernel 4.2 Final RC, KDE Ships Plasma 5.4.0

    Links for the day



  14. Sabine Pfeiler and Otto Seidl Should Take Note as Russia -- Like China -- is in the Process of Banning Microsoft Windows for Security Reasons

    A look at a strange suggestion, signed by Sabine Pfeiler and Otto Seidl, who suggest going back to Microsoft which is basically a spyware company now



  15. Microsoft Windows Leads to Espionage and Blackmail: Latest Examples

    Another news overview, detailing high-profile examples of high-cost Windows deployments (including the cost of litigation and settlement)



  16. Links 23/8/2015: BcacheFS Benchmarks, Blackphone 2

    Links for the day



  17. Links 22/8/2015: Chromebook Gains, GNOME 3.18 Clues

    Links for the day



  18. Alice v. CLS Bank (the Alice Case/§101) Continues to Crush Software Patents in the United States

    Patent scope in the United States continues to be narrowed down as more software patents get their wings clipped



  19. Company of Hype and 'Fanbois' Continues Its Patent Attacks on Android/Linux

    Apple's attacks on Android (using bogus patents) may be soon be escalated to the US Supreme Court (SCOTUS)



  20. EPO Corruption of Patent Boundaries: Business Methods and Algorithms Patented

    How the European Patent Office (EPO) not only turns a blind eye to European law while patenting or granting patents on software but also openly advocates this now



  21. Who's Obsessing Over Patent Trolls in Latest 'Reform' Efforts? Larger Patent Trolls Such as Xerox

    Response to claims that the patent problem is being tackled by focusing on patent trolls and their favourite courts in the Eastern District of Texas



  22. Links 20/8/2015: Fedora 24 Plans, Ubuntu Phones in India

    Links for the day



  23. Blackmail and Lies From the Press and the Government of New Zealand Attempt to Sell to the Public a Deal That Broadens Patent Scope

    Corporate conquest or takeover of New Zealand culminates in empty promises from government officials and blackmail against citizens of New Zealand, especially the country's dairy industry



  24. Vista 10 Turns PCs Into Zombies: Microsoft to Remotely Delete Software From Windows, Like Amazon Deleted Books From Kindle

    Microsoft allows itself to remotely delete software from Vista 10 (not just Microsoft's software), as revealed by the mainstream media not too long after the failed launch (poor adoption so far)



  25. Black Duck Still Destroying, Lying, Rewriting History

    Black Duck is still carrying water for Microsoft and pretends to be working for 'Open Source', despite doing it much harm and doing nothing that is actually Open Source



  26. Ashley Madison Disaster Apparently the Fault of Microsoft Windows

    New reports serve to show that Ashley Madison's data which got leaked includes complete dump of corporate Windows passwords



  27. After OOXML Propaganda, New Assocham Propaganda Calls for Back Doors, Spyware and Other Malicious, Self-defeating Traps Inside Government of India

    Assocham is showing its true colours yet again, lobbying for the interests of foreign companies and endorsing serious abuse or compromise of India's national sovereignty



  28. Links 19/8/2015: LinuxCon Everywhere

    Links for the day



  29. Links 18/8/2015: Linux 4.2 RC7, IBM's LinuxOne

    Links for the day



  30. Patents Roundup: Patent Reform, Google's 'Startups' Ploy, JDate, Fitbit, Cisco, and UPC in the UK

    A collection of news stories about patents, accumulated over the past week or so


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