06.11.11

Gemini version available ♊︎

Patents Roundup: Unconstitutional Patent Reform, SCOTUS Ruling on i4i and University Patent Rights, More Calls to Abolish Software Patents

Posted in Intellectual Monopoly, Patents at 9:09 am by Dr. Roy Schestowitz

American flag

Summary: Latest news and commentary on patent monopolies (mostly from the United States)

Supreme Court Signals Pending Patent Reform Is Unconstitutional (by Dan Ravicher, a pro-Free software lawyer, following the i4i decision at the SCOTUS, whose recent decisions have been terrible [1, 2])

“Congress is, unfortunately, on the verge of passing the so-called “America Invents Act” (S. 23 and H.R. 1249) that would change our patent system from the “first to invent” system we’ve had since our founding, to a “first to file” system. This is not only harmful to small entrepreneurs, but it also violates the plain language of the Constitution, which requires patents be granted to “inventors”, not “filers.” To be sure, the Supreme Court just this week reminded us that the Constitution guarantees patent rights shall vest in inventors, not their employers. In a case involving Stanford University, Chief Justice John Roberts wrote in the very first sentence of his opinion for the Court, “Since 1790, the patent law has operated on the premise that rights in an invention belong to the inventor.” The Chief Justice continued to write, “Although much in intellectual property law has changed in the 220 years since the first Patent Act, the basic idea that inventors have the right to patent their inventions has not. … Our precedents confirm the general rule that rights in an invention belong to the inventor.” Thus, the Supreme Court unquestionably believes that the American patent system is based on awarding patents to inventors. Scholars also agree that changing from the “first to invent gets the patent” system that we have today to a “first to file an application gets the patent” system being considered by Congress would violate the Constitution.

“So one is left to ask, why is Congress about to pass a law that would benefit large corporations, harm small entrepreneurs and violate the Constitution? I don’t know, but maybe if you call your representative (212-224-3121) they can explain it to you.”

SCOTUS makes patent holders happy, upholds $290M Microsoft verdict (by Timothy B. Lee, who is against the patent propaganda machine)

In a New York Times op-ed supporting Microsoft, UCLA law professor Doug Lichtman had argued that changing the standard of proof would “give relief to the countless businesses that today find themselves vulnerable to patents that shouldn’t have been issued in the first place.” A wide variety of companies and public interest groups, including Google, Red Hat, Walmart, the Electronic Frontier Foundation, and the Apache Software Foundation, filed briefs echoing that point. But the Supreme Court decided that whatever the merits of these policy arguments, they couldn’t overrule the text of the patent law and the courts’ long history of employing the higher standard.

Roche Wins as High Court Limits University Patent Rights

The U.S. Supreme Court, in a ruling that limits the patent rights of research universities, threw out Stanford University’s suit against a Roche Holding AG (ROG) unit over methods for testing the effectiveness of AIDS treatments.

Voting 7-2, the justices upheld a lower court’s conclusion that a scientist working at Stanford in Palo Alto, California, transferred his rights to the discoveries to a company whose line of business Roche later bought. Under the court’s reasoning, the transfer made the company a co-owner of three disputed patents.

Investors Speaking Up About Patents Harming Innovation

Dixon points out a key part of the problem is that so many patents are clearly obvious to anyone skilled in the art. He notes that any competent engineer could create what’s found in the vast majority of software patents, and notes that the examiners simply aren’t competent enough to recognize what’s obvious. Dixon, who is both an investor and a long-term entrepreneur, certainly knows these things. What’s amazing to me, honestly, is how few people in Silicon Valley actually think patents are a good idea any more. The system has become so distorted that most of the people they’re supposed to benefit the most don’t want them, but feel compelled to get them due to the system. What a massive amount of waste, leading to a mess that holds back innovation.

Wilson makes one other statement that I thought was interesting. He compared patenting software to patenting music, noting that neither makes sense.

Software patents should be abolished

The entire software industry works like this, and the use of patents is very rare relative to all software that’s written. The market rewards applied innovation, but doesn’t try to artificially inhibit competition. It combines the best parts of capitalism, collaboration, and a vast public domain.

Our industry is booming, innovation is rapid and rampant, and everyone’s making a living. The world could benefit immensely if more industries could innovate as rapidly and significantly as the software industry. We’re doing great, almost entirely without using patents.

The patent balance (Marco Arment is against aiming high like the FFII and FSF)

My sense is that most programmers would now argue against software patents, just as Marco has. We’re 30 years into the software patent system and seeing its downsides: the patent term is way too long for software; too many patents have been issued; and patent extortion is rewarded instead of punished. What’s gone wrong?

[...]

I said at the top that I’m sympathetic to the idea that software patents should never have been allowed. But whether they should have been allowed or not, they are a fact of life today and that’s not going to change. If you think the patent system is out of balance, you should work to put it back in balance, not chase after some fantasy of turning back the clock.

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.

DecorWhat Else is New


  1. Links 01/02/2023: Stables Kernels and Upcoming COSMIC From System76

    Links for the day



  2. IRC Proceedings: Tuesday, January 31, 2023

    IRC logs for Tuesday, January 31, 2023



  3. Links 31/01/2023: Catchup Again, Wayland in Xfce 4.20

    Links for the day



  4. Links 31/01/2023: elementary OS 7

    Links for the day



  5. Intimidation Against Nitrux Development Team Upsets the Community and Makes the Media Less Trustworthy

    Nitrux is being criticised for being “very unappealing”; but a look behind the scenes reveals an angry reviewer (habitual mouthpiece of the Linux Foundation and Linux foes) trying to intimidate Nitrux developers, who are unpaid volunteers rather than “corporate” developers



  6. Links 31/01/2023: GNOME 44 Wallpapers and Alpha

    Links for the day



  7. Free and Open Source Software Developers' European Meeting (FOSDEM) and KU Leuven Boosting Americans and Cancellers of the Father of Free Software

    The Free Software Foundation (FSF) and its founder, Richard M. Stallman (RMS), along with the SFLC one might add, have been under a siege by the trademark-abusing FSFE and SFC; Belgium helps legitimise the ‘fakes’



  8. Techrights in the Next 5 or 10 Years

    Now that I’m free from the shackles of a company (it deteriorated a lot after grabbing Gates Foundation money under an NDA) the site Techrights can flourish and become more active



  9. 60 Days of Articles About Sirius 'Open Source' and the Long Road Ahead

    The Sirius ‘Open Source’ series ended after 60 days (parts published every day except the day my SSD died completely and very suddenly); the video above explains what’s to come and what lessons can be learned from the 21-year collective experience (my wife and I; work periods combined) in a company that still claims, in vain, to be “Open Source”



  10. IRC Proceedings: Monday, January 30, 2023

    IRC logs for Monday, January 30, 2023



  11. 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



  12. 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



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

    Links for the day



  14. 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.”



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

    Links for the day



  16. IRC Proceedings: Sunday, January 29, 2023

    IRC logs for Sunday, January 29, 2023



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

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



  18. 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.



  19. 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



  20. 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.



  21. 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



  22. 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



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

    Links for the day



  24. 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



  25. IRC Proceedings: Saturday, January 28, 2023

    IRC logs for Saturday, January 28, 2023



  26. Unmasking AI

    A guest article by Andy Farnell



  27. 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



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

    Links for the day



  29. IRC Proceedings: Friday, January 27, 2023

    IRC logs for Friday, January 27, 2023



  30. 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)


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