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

09.07.11

Government Married to Mega Corporations, No Genuine Patent Reform Planned yet

Posted in America, Patents at 5:16 pm by Dr. Roy Schestowitz

Wedding vows

Summary: Why most mentions of a “reform” in the USPTO are misleading for the time being

THE NEWS on the patents front quieted down this month. We are not ignoring any of it. But it interesting to see that preservation of broken systems seems to strike a nerve with the public, yet officials mostly ignore it. What does that say about the government allegedly elected by the people (with corporate campaign funding)?

The truth of the matter is, based on news reports [1, 2] only a fake ‘reform’ is being put forward and sites like TechDirt correctly slam it:

With Congress and the President pretending that a bad patent reform bill is all about “creating jobs” even as there’s little evidence that the reforms will actually do anything, Congress appears to be poised to approve the bill. Of course, the bill does almost nothing to address the real problems of the patent system, but that won’t stop the grandstanding. More important, it won’t stop the political back-scratching. While Congress won’t debate the bigger issues, they will be considering amendments that benefit a particular constituency rather than looking at anything that will actually benefit innovation or the economy.

Brian Proffitt is being pessimistic in his new post, “The bottom line of software patent reform”. In this somewhat defeatist post he argued that: “Critics of software patents argue that it would be great if all the extra legal overhead of this litigation could just go away. But if the bottom line says that it’s cheaper to just hire better lawyers rather than suffer the potential risks of young upstart competitors stealing even more revenue and customers, then businesses will opt for the former every time.

“This is why lawmakers only make half-hearted efforts to examine patent reform. They may listen to the latest big company that complains (like Google), but if and when that company moves on to pursuing their own litigation, why bother listening? Not to mention lobbying pressure from all the lawyers who are getting paid quite well to pursue these cases on behalf of their clients.”

Google is a tricky one because it is not doing the right thing by choosing the expensive and ineffective path. Clint Boulton says that they bought junk patents and we already know that Microsoft plans to attack Google through patent trolls like MOSAID. Google cannot use patents defensively against patent trolls.

Proffitt continues: “It’s a depressing situation all the way around, in all business sectors, at all levels of government. Litigation is a business expense that many businesses are willing to put time, effort, and money into if it can give them an edge over a competitor.

“Can software patents ever be reformed? Possibly, if enough lawsuits lose and companies realize that there’s no percentage in the game.

“It won’t be an ethical decision that drives reform, sadly, but a financial one.”

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 7, 2011 at 7:06 pm

    Gravatar

    Hey, for a change an excellent article. Good to read.

What Else is New


  1. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  2. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  3. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  4. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  5. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  6. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  7. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  8. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  9. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  10. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  11. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  12. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  13. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  14. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  15. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  16. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day



  17. Links 17/8/2016: GNOME and Debian Anniversaries

    Links for the day



  18. Personal Audio LLC and Patent Troll Jim Logan Demonstrate the Harms of Software Patents and Why They Must Never Spread to Europe

    Jim Logan of Personal Audio (a notorious Texas-based patent troll) is still fighting with his bogus patent, having already caused enormous damage with a single software patent that should never have been granted in the first place (due to prior art, not just Alice)



  19. The Patent Microcosm Hopes That the Originators of Software Patents Will Undermine the Patent Trial and Appeal Board

    Now that the actions of the Patent Trial and Appeal Board (PTAB), which have been consistently upheld by the CAFC in precedential decisions, are suddenly being questioned the patent microcosm gets all giddy and tries to undermine PTAB (again)



  20. That Time When the Administrative Council Helped Battistelli Crush Oversight (Audit Committee) and What ILO Said About It a Month Ago

    Things are becoming ever more troublesome at the EPO as the Administrative Council enjoys inaction from the International Labour Organization (ILO), in spite of its role in destroying much-needed oversight at the behest of Battistelli



  21. The EPO's Administrative Council Keeps Postponing Debate About Grounds for Firing the President

    A recollection of events prior to the latest Administrative Council meeting, where Benoît Battistelli's failings and accountability for failing to correct them never even came up



  22. A Surge of Staff Complaints About the European Patent Office Drowns the System, Disservice to Justice Noted

    Self-explanatory graphs about the state of the justice [sic] system which is prejudiced towards/against EPO workers, based on internal reports



  23. Links 16/8/2016: White House Urged by EFF on FOSS, Go 1.7 Released

    Links for the day



  24. Links 15/8/2016: Linux 4.8 RC2, Glimpses at OpenMandriva Lx 3.0

    Links for the day



  25. Clawing Back the Staff Benefits at the European Patent Office (EPO)

    Staff of the EPO is leaving (or retiring) in droves as abusive management continues to be the norm and staff benefits are being taken away or gradually revoked



  26. The Patent Microcosm is Panicking and Spinning Alice/§ 101 Because US Software Patents Are Still Dying

    A look at recent developments in the software patents scene in the United States, with increased focus on (or fear of) the Patent Trial and Appeal Board



  27. 21,000 Posts in Techrights in Less Than a Decade

    This post is the 21,000th post and the next one will make it more than twenty-one thousand posts in total. We are turning 10 in November.



  28. Patent Microcosm Shuts Out the Poor: Unified Patent Court (UPC) Promotion by Practising Law Institute (PLI) Only for the Wealthy

    The people who are profiting from patent feuds, disputes, lawsuits etc. are still trying to muscle their will into European law and they keep the general public out of it by locking down (or pricing out of reach) their meetings where they influence/lobby decision-making officials



  29. The United States Has a Growing Patent Trolls Epidemic as Very High Proportion of Lawsuits Filed by Them

    A look at the high proportion of patent lawsuits that are filed by entities that make nothing at all and thus serve no role whatsoever in innovation



  30. Pushers of Software Patents Outside the United States (Which is Belatedly Squashing These Patents)

    How patent law firms are distorting the debate about software patents in hope of attracting business from gullible people who misunderstand the harsh (and worsening) reality of software patenting


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