Bonum Certa Men Certa

Backlash Against the US Patent System Grows Amid Google's Defensive Moves

Time is running out for the USPTO

Clock



Summary: More mainstream coverage of the problem with the patent system and another report suggesting that Microsoft's mole, Elop, might be going after patents that Google is after

In light of some of the recent developments (e.g. the success of Linux being hinged on the failure of patents), it is clear that patent wars are a present reality. "A rational observer would now predict that a further outbreak of patent wars, and portfolio-bolstering acquisitions, now are likely," says one report. "Some observers also are starting to say that the software patent process is broken, costing jobs and threatening innovation as well, and there also is some growing talk that reforms are necessary. Patent system is broken, read the book and complaints that the patent system is broken,while criticism is growing." These are the words of one of the latest articles on the subject.



Another new article makes a similar point. The author writes about the possibility that many more software patents will become toothless soon. "Court rules ‘do it with a computer’ doesn't make an idea patentable" says the headline, highlighting last week's milestone that we covered several times. The article adds: "This week seems to be bigger than most for software patent news. Earlier in the week we had Google's announcement they are buying Motorola Mobility to acquire defensive patents. Now we have what could be a landmark ruling against the validity of a software patent on the basis that it describes a mental process. "

Some of the subscribers-only sites which target patent lawyers typically have an opposite interpretation, where basically nothing can stop software patents and those patents are just so wonderful. Watch this claim that software patents are "under attack". Poor them...

In other relevant news, Google is still trying to get more patents on the face of it. It is claimed that InterDigital's patents heap is up for sale and Microsoft's mole that we suspect will use patents against Android is among those bidding for the heap. This further shows that the USPTO is a nightmare which promotes nothing that it promises. As this one site puts it this week:

The Economist blog ‘Democracy in America’ covers the lamentable state of IP. The problem is particularly bad with software patents because they are both so unnecessary to encourage innovation and also because there are potentially so many software patents – software is such an easy medium in which to embody productive ideas. The recent purchase of Motorola Mobile by Google apparently to get itself a stash of patents is truly alarming, because, having spent $12 odd billion on getting the patents and with only a few parties able to marshall sufficient defensive patents to protect themselves against Dark Lord’s like Nathan Myhrvold, Google is then obliged to its shareholders to maximise the value of those patents and to maximise its profit from any mobile phones it makes. And, because of the IP nightmare only a handful of firms will be able to make such products – though only by warding off marauders with threats of counter claims for breaching their own patents.


Here is the update about Google seeking to have patents that are being used offensively reexamined:



Since our last update on the reexaminations of the Oracle (Sun) patents being asserted against Google, two additional first actions on the merits have issued, one [PDF] on patent 6,125,447 and one [PDF] on patent 6,910,205. In each case the examiner has rejected all of the claims for which Google has requested reexamination.

With respect to the '447 patent, the examiner cites to two principal items of prior art as each anticipating all of the claims of the '447 patent. In other words, the examiner has found two separate patents that establish that none of the claims of the '447 patent were novel.

With respect to the '205 patent the examiner found a single item of non-patent literature that anticipates all of the challenged claims of the patent. That is, the non-patent literature establishes that none of those five challenged claims were novel.


Here is an update on Apple's failed attack on Android:

Apple Loses Court Battle In Europe, Samsung Free To Sell Galaxy Tabs



Justice will prevail. The European Courts have once again reinstated the faith in justice. Apple today lost its monopolistic battle against Samsung and Android.

Jan Wilderboer, a FOSS evangelist, writes on his blog, "Apple has LOST all claims wrt the European patent 2098948. The court thinks that the European patent 1964022 is worthless and will be thrown out in reexamination anyway. The only thing that remains is the european patent 2059868. And the claims of that patent can be circumvented in trivial ways."


The Guardian still offers some coverage on this subject this week, mostly critical of software patents (for a change). One Twitter user, Kevin B Unhammer, writes/quotes: "there is one resource patent trolls need: lawyers€» (Never do business with firms working for patent trolls)"

Katherine Noyes, writing for PCWorld (IDG) continues her criticism of software patents and so does TechDirt, which writes about something we saw last week:

We recently wrote about a surprising Federal Circuit (CAFC) ruling that might open the door to invalidating a lot of software patents. We received an an interesting comment on the post a few days later from John Pettitt:
So I was thinking - great they invalidated software patents, lets see what crappy patent written by an idiot they picked to do it - then I realized the idiot in question was me :-)

Not sure how I feel about this.

John - inventor of the patent in question.
Pettitt is now running an interesting operation called Free Range Content, which helps companies syndicate content easily. However, a while back, he was the named inventor on patent 6,029,154, describing a "Method and system for detecting fraud in a credit card transaction over the internet." We reached out to Pettitt to ask him a few questions about his views on the patent system and he kindly agreed.


Priceless.

What's notable in all those reports is that there is strong consensus on the need to abolish software patents. If anything, Google validated his inclination after it had complained about anti-competitive aspects of patents, especially ones pertaining to software (although not explicitly so). ⬆

Recent Techrights' Posts

The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
 
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026
Microsoft's XBox CEO Asha Sharma Tells Staff That Many Thousands of Layoffs Are in Fact "Return to Growth"
Get it? Layoffs are "growth".
Gemini Links 07/10/2026: On Feeling Guilty Leaving the US, Multinet, and Limiting Net Usage
Links for the day
The Cyber Show Explains the Concept of "Data Rape"
a metaphor some might find crude
FREE BEER is Still Online, But Barely Active
25 years ago or even 20 years ago many spoke of open/free beer (or "COLA")
Syria: GNU/Linux Has Surged to 8% "Market Share"
I don't have a convincing explanation for this
IBM Dimming Down the Lights on IBM Consulting, No Knowledge or Experience Required
They just "ride" the (old) brand, that's all
Statement on American SLAPP
Crossposted from schestowitz.com
Today The Register MS Published "SPONSORED FEATURE" and "SPONSORED POST" With "AI" 31 Times in Them
This isn't a "Reality" or "Era of AI", it's a paid-for spam campaign
Gemini Links 07/10/2026: Nostalgia, Neutral Map, and Shorthanding
Links for the day
Links 07/10/2026: Unrest in France and Rumours of Plague in Russia
Links for the day
Brigading Against Women - Part XXII - The Lozza Problem (in Length)
Garrett's case was a waste of the Court's money
JavaScript in Richard Stallman's Web Site
For search he is using CGI, not JavaScript
EPO's Local Staff Committee The Hague (LSCTH) Plans Presentation Next Week (Coinciding With Apparent Coronation of 'Cocaine King' Campinos)
They've outsourced this session to the dictator's spying eye
The GNOME Foundation's Code of Conduct Has Been Misused to Hide Corruption
People who value free speech and freedom of expression won't touch social control media with a 10-foot bargepole
Voting for Freedom of the Press
American elections happen every 4 years
What Brett Wilson LLP and Matt Garrett Don't Want People to See/Read
Book-burning is counterproductive
Book-Burning Mindset Does Not Work
It makes the suppressed voices more widely known
Microsoft's XBox in 'Freefall'
XBox is practically finished
Slop is Plagiarism
Plagiarism is not "theft" and copyright infringement is not "piracy"
IBM is Almost Defunct
IBM is doomed. It just tries to test how much more patience the shareholders have.
Criminalisation of Journalism
"Journalist Derya Okatan arrested in Turkey for allegedly possessing classified material"
Brigading Against Women - Part XXI - Hiding Behind the Veil of "Privacy" After Telling Nazi Things in IRC Channels of Techrights and Physically Threatening People
To merely explain an abuse (or crime) requires naming people; that's a fundamental tenet of reporting
Links 07/10/2026: Quitting Smartphone and "Meta's Muse Is Spying on All Your Friends and Family"
Links for the day
Gemini Links 07/10/2026: Greed, In Praise of Zotero, and The de-Google Path
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 06, 2026
IRC logs for Tuesday, October 06, 2026