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

09.01.11

FFII Approached for Opinion on Ill Approach Towards Patents in Europe

Posted in Europe, Patents at 8:04 am by Dr. Roy Schestowitz

Summary: While the patent wars in the United States go out of control, the Swedish Justice Department asks patenting sceptics for some input

THE PATENT bubble is building up in China and in the States. It’s an endless race to amass patents, no matter their quality and thus their validity. Once those patents are brought into the courtroom they receive a pricey reexamination, but only if the defendant can afford it (see the reexamination of Oracle’s patents and the patents of the patent troll who co-founded Microsoft). It is a very silly system where prior art can help invalidate patents that should never have existed in the first place; failing that, triviality tests have proven to be effective at eliminating a lot of patents, including software patents. Why are rubbish patents allowed in the first place? Because the USPTO profits from that. It’s a vanity thing, too.

While all sorts of ‘meta-firms’ (not producers) try to establish a business around the laughing stock called the USPTO, others go further and turn into patent trolls, looking to mooch those who have more money.

Bosson from the FFIIThere is no denying that the US patent system is broken and every day last month we saw at least a couple of articles on the subject. The status quo cannot stand. Nobody supports this system except the monopolists (a tiny minority) and the patent lawyers whom they use like mercenaries.

The founder of the FSF recently warned about a similarly broken system trying to find its way into Europe. Well, the Swedish Justice Department (where the presidency has been instrumental in pushing for the “unitary patent” for years, also based on leaked diplomatic cables) contacted the FFII, which is a good sign. Their consultation with software patents opponents resulted in the public communication shared this morning by Bosson. To quote:

The Swedish Association for a Free Information Infrastructure, FFII, has interest in innovation and growth in software. We are therefore pleased to be consulted on a new patent court.

We are enthusiastic that the European patent system gets more efficient and integrated, but critical to the possibility of the patent court as final instance. For software, it is about the right balance between patent, copyright, access to and ability to manage information. The U.S. Supreme Court has repeatedly held back the U.S. Federal Patent Court in matters of what may be patented. We believe that a general appeals instance would make a more balanced assessment. Today, there are great risks for developers as abstract and theoretical methods are patented despite the boundaries of the European Patent Convention.

Economic research shows that many patents, especially in software, stifle innovation and
growth (1). A more balanced and independent assessment than the union’s own patents are needed to clarify limits (2), reduce costs and provide the individual patents more value.

1 A Generation of Software Patents, Bessen, Boston University

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1868979

2. Yttrande i betänkandet ”Patent och innovationer för tillväxt och välfärd” SOU 2006:80

http://www.ffii.se/jonas/sou2006-80/FFII-yttrande.html

We wrote about the Bessen study right after it had been published. Bosson chose Bessen as a primary reference.

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

A Single Comment

  1. Michael said,

    September 1, 2011 at 9:22 am

    Gravatar

    First: as someone who is clearly critical of much of your writing, I largely agree with what you say above. The patent system is heavily broken… right now the only way to “win” the game is to play – and playing costs companies a lot of money, in many cases millions of dollars and in some cases billions of dollars. It is simply outrageous.

    You do say:

         Nobody supports this system except the monopolists …

    Presumably you include Microsoft in this. And yet, today, you have another article where you talk about how what you call pro-Microsoft sources are *also* speaking out against the patent system.

    What evidence do you have that any of the companies who are stuck playing these games really like them? Any? Seems it is hurting everyone.

What Else is New


  1. Watchtroll's Reaffirmed Hatred Towards Science and Technology, Shattering the Myth About Patent Law Firms Trying to 'Help' Innovation

    The anti-technology rhetoric (what they call derogatorily "Big Tech") of patent maximalists is ruining their old narrative which goes something along the lines of helping inventors



  2. Nearly Half of Patent Applications at the EPO Are (at Least Partly) Software Patents, According to the EPO, and Not Many Patents Are European (Foreign, Not Domestic)

    With lack of care for examiners, for European businesses and for science in general the EPO carries on unabated; its agenda seems to be steered by Team UPC, which is looking to profit from lots of foreign lawsuits across Europe (relying on low-quality patents that wouldn't pass muster in national courts)



  3. Patent Factory Europe (PFE) is a Patent Troll's Publicity Stunt, Attempting to Frame a Predator as the Small Businesses' Friend and Ally

    Patent troll "France Brevets" with its tarnished name (it's the shame of France, a major source of shame other than Battistelli) has decided to do a charm offensive which characterises it as a friend of small firms (SMEs)



  4. Alice, Which Turns Four, Has Saved Billions of Dollars Previously Wasted on 'Protection' Money (Notably Patent Trolls)

    Alice has turned 4 (just five days ago) and software patents have never looked weaker (close to impossible to enforce in high courts in the United States), lowering the incentive to pursue such patents in the first place



  5. Links 23/6/2018: Kodi 18 Alpha 2, Peppermint 9, Wine 3.11

    Links for the day



  6. Somewhat Underwhelming Reception for US Patent Number 10,000,000 (Which Actually Isn't)

    While US patent number 10,000,000 did, in fact, get issued (several days ago) there are un-ignorable reminders that a lot more patents exist and the high number says more about neglected quality than actual, objective success



  7. The United States' Supreme Court Takes the Side of Patent Maximalists, for a Change

    WesternGeco LLC v. ION Geophysical Corp. reaches its conclusion; while it has zero effect on patent scope, it does serve to show that the US Supreme Court (SCOTUS) isn’t inherently biased against patents in general



  8. Mainstream Media in Germany Covers Battistelli's Corruption at the EPO Just as He Leaves

    Mainstream German media writes about Battistelli's scandals that nobody seems eager or wishes to discuss, let alone bring up; law-centric German media covers the now-famous open letter from German law firms (Grünecker, Hoffmann Eitle, Maiwald, and Vossius & Partner)



  9. Links 22/6/2018: PulseAudio 12.0, Krita 4.1 Beta, LabPlot 2.5, Git 2.18.0

    Links for the day



  10. “Dr Ernst Should be Forced by National Politicians to Step Down With Immediate Effect” After Battistelli's Latest EPO Scandals

    Further discussions about the horrible legacy of Battistelli and his protectors, who seem to be interested in a patent trolls-friendly patent system which devalues workers and consciously lowers the patent bar (at all costs, even violation of laws and constitutions)



  11. Links 21/6/2018: Microsoft's 'Damage Control' Amid Role in ICE Scandals, 11-Hour Azure Downtime (Again), GNOME 3.29.3, and More GNU/Linux Wins

    Links for the day



  12. Battistelli and Topić Lose Their Bogus 'Case' Against Judge Corcoran After They Defamed Him and Ruined His Career/Life

    The SLAPP action against Judge Patrick Corcoran, who has so far won all cases involving the EPO, is finally dismissed in Germany; what remains is an ugly legacy at the EPO, wherein everyone bold enough to say something about corruption at the top is having his or her life — not just career — destroyed



  13. Even Media of the Patent Microcosm Mentions the Decline in Quality of Patents at the EPO, Based on Its Very Own Stakeholders, While IAM Ignores the News

    The whole world basically accepts, based on patent examiners as well as those whom they interact with (patent agents), that patent quality at the EPO has sunk; but the EPO and IAM continue to vigorously deny that as it threatens some people's nefarious agenda



  14. Links 20/6/2018: Qt 5.11.1, Oracle Solaris 11.3 SRU 33, HHVM 3.27.0, Microsoft Helping ICE

    Links for the day



  15. Patent Extremists Are Unable to Find Federal Circuit Cases That Help Them Mislead on Alice

    Patent extremists prefer talking about Mayo but not Alice when it comes to 35 U.S.C. § 101; Broadcom is meanwhile going on a 'fishing expedition', looking to profit from patents by calling for embargo through the ITC



  16. What Use Are 10 Million Patents That Are of Low Quality in a Patent Office Controlled by the Patent 'Industry'?

    The patent maximalists are celebrating overgranting; the USPTO, failing to heed the warning from patent courts, continues issuing far too many patents and a new paper from Mark Lemley and Robin Feldman offers a dose of sobering reality



  17. The Eastern District of Texas is Where Asian Companies/Patents/Trolls Still Go After TC Heartland

    Proxies of Longhorn IP and KAIST (Katana Silicon Technologies LLC and KAIST IP US LLC, respectively) roam Texas in pursuit of money of out nothing but patents and aggressive litigation; there's also a Microsoft connection



  18. EPO Insiders Correct the Record of Benoît Battistelli’s Tyranny and Abuse of Law: “Legal Harassment and Retaliation”

    Battistelli’s record, as per EPO-FLIER 37, is a lot worse than the Office cares to tell stakeholders, who are already complaining about decline in patent quality



  19. Articles About a Unitary Patent System Are Lies and Marketing From Law Firms With 'Lawsuits Lust'

    Team UPC has grown louder with its lobbying efforts this past week; the same lies are being repeated without much of a challenge and press ownership plays a role in that



  20. The Decline in Patent Quality at the EPO Causes Frivolous Lawsuits That Only Lawyers Profit From

    The European Patent Office (EPO) will continue granting low-quality European Patents under the leadership of the Battistelli-'nominated' Frenchman, António Campinos; this is bad news for science and technology as that quite likely means a lot more lawsuits without merit (which only lawyers profit from)



  21. What Battistelli's Workers Think of His Latest EPO Propaganda

    "Modernising the EPO" is what Battistelli calls a plethora of human rights abuses and corruption



  22. Links 19/6/2018: Total War: WARHAMMER II Confirmed for GNU/Linux, DragonFlyBSD 5.2.2 Released

    Links for the day



  23. More Media Reports About Decline in Quality of European Patents (Granted by the EPO)

    What the media is saying about the letter from Grünecker, Hoffmann Eitle, Maiwald and Vossius & Partner whilst EPO communications shift attention to shallow puff pieces about how wonderful Benoît Battistelli is



  24. Beware Team UPC's Biggest Two Lies About the Unitary Patent (UPC)

    Claims that a Unified Patent Court (UPC) will commence next year are nothing but a fantasy of the Liar in Chief, Benoît Battistelli, who keeps telling lies to French media (some of which he passes EPO money to, just like he passes EPO money to his other employer)



  25. Diversity at the EPO

    Two decades of EPO with 16-17 years under the control of French Presidents (and nowadays predominantly French management in general with Inventor Award held in France almost half the time) is "diversity at the EPO"



  26. Orrin Hatch, Sponsored the Most by the Pharmaceutical Industry, Tries to Make Its Patents Immune From Scrutiny (PTAB)

    Orrin Hatch is the latest example of laws being up for sale, i.e. companies can 'buy' politicians to act as their 'couriers' and pass laws for them, including laws pertaining to patents



  27. Links 17/6/2018: Linux 4.18 RC1 and Deepin 15.6 Released

    Links for the day



  28. To Keep the Patent System Alive and Going Practitioners Will Have to Accept Compromises on Scope Being Narrowed

    35 U.S.C. § 101 still squashes a lot of software patents, reducing confidence in US patents; the only way to correct this is to reduce patent filings and file fewer lawsuits, judging their merit in advance based on precedents from higher courts



  29. The Affairs of the USPTO Have Turned Into Somewhat of a Battle Against the Courts, Which Are Simply Applying the Law to Invalidate US Patents

    The struggle between law, public interest, and the Cult of Patents (which only ever celebrates more patents and lawsuits) as observed in the midst of recent events in the United States



  30. Patent Marketing Disguised as Patent 'Advice'

    The meta-industry which profits from patents and lawsuits claims that it's guiding us and pursuing innovation, but in reality its sole goal is enriching itself, even if that means holding science back


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