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

09.13.11

Global Patent System

Posted in America, Asia, Europe, Patents at 10:59 am by Dr. Roy Schestowitz

NAFTA approach applied to patent systems internationally

NAFTA logo

Summary: Trans-Atlantic negotiations are potentially being used to override local patent laws and assimilate them to US patent law (which permits software patents)

A quick and convenient way to subvert a country’s rule of law is an invasion (political), a takeover (commercial), or negotiation that excludes the public (corruption). Such is the case with some of the opaque treaties we have seen being agreed upon, e.g. in Korea. Old old people in Korea understand the value of independence.

A global patent systems which Microsoft so publicly craves enables a company to tax or to block imports of rival products internationally. The “Trilateral Patent Offices” are defined by Wikipedia as follows:

The Trilateral Patent Offices, or simply the Trilateral Offices, are the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). In 1983, these patent offices set up a programme of co-operation in an effort to “improve efficiency of the global patent system”

In New Zealand, people have been fighting hard against attempts from American multinationals to legalise software patents. One of the better journalists in Australia’s IT news sites speaks of a treaty being cooked:

The US is pushing for the acceptance of a wide-ranging treaty, called the Trans-Pacific Partnership Agreement; a round of negotiations has just ended in Chicago. The next round is due in Peru later this month.

All negotiations are held in secret and no government has gone on the record about what is being negotiated for fear of displeasing the US.

The New Zealand software patents bill is likely to contradict portions of the proposed IP regime of the TPPA and in this context the delay to pass the bill into law becomes understandable.

Appalling.

According to Benjamin Henrion, “China granting software patents page 255, undefined technical character, reference to law of nature http://t.co/EdWxTTm” (see what we wrote during the weekend about Japan's role).

Henrion also notes that the EPO is up to no good because of the unification theme:

EPO pushing for a central patent court and the non-EU patent: http://t.co/5i6SZjX

We recently showed some Wikileaks cables [1, 2, 3, 4] that help verify what Henrion has been saying about the EU Patent, so this post from the EPO is quite worrying. They are trying to imitate the USPTO.

On 8 September 2011, the US Senate passed a patent reform bill known as the America Invents Act. It makes some of the biggest changes to US patent law seen in the last 60 years; for one thing, it enshrines the switch from “first-to-invent” to “first-to-file”. The bill should be signed into law by President Obama this week and enter into force over the coming months. Considering the magnitude of the changes, I can well imagine the difficulties that must have faced the bill’s proponents during its passage, even if it was adopted by a large majority in the end.

In the late 18th century, the Americans set up the world’s first modern patent system – an achievement of which they can be very proud. It has been continuously improved over the years, but a gap had opened up as the world’s other patent systems evolved. That is why the US authorities have been trying to reform it, especially during the last 15 years. There may have been a variety of different reasons behind this move, but certainly one of the main ones was the need to adapt the national framework to new global economic conditions, in order to foster the country’s innovative capacity and thereby stimulate its economy. Indeed, this reform was expressly mentioned in President Obama’s recent speech on the American Jobs Act.

American Jobs Act. Got to love the name, eh? Those “Acts” typically have the completely opposite effect from what they name may suggest (Patriot, Protect IP, and so on). The bottom line is through gradual assimilation the EPO may make itself more attractive ‘merger’ target (these are not companies) for the USPTO. Cablegate teaches us it’s not far fetched at all.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email
  • Slashdot

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. IRC Proceedings: Friday, September 18, 2020

    IRC logs for Friday, September 18, 2020



  2. Links 19/9/2020: Taiwins 0.2 and a Call for Ubuntu Community Council Nominations

    Links for the day



  3. One Year Later Richard Stallman Needs to be Un-cancelled and Attention Turned to the Real Perpetrator of MIT Scandals

    The sheer hypocrisy, treating Stallman as the real nuisance to MIT when it was in fact Bill Gates who trafficked money through convicted sex criminals (to MIT); justice needs to be belatedly restored



  4. ZDNet's 'Linux' Section Isn't About Linux But About Microsoft

    ZDNet's so-called 'Linux' section isn't really about GNU/Linux; it's just the site's usual Microsoft propaganda, bought and paid for by Microsoft



  5. Debian's Network of Gossip and Gossipmongering in Debian-Private

    Reprinted with permission from Debian Community News



  6. More EPO Disclosures: An Explanation of How an EPO Survey Plots to Dismantle the EPO's Staff

    Dismantling the Office for the benefit of a bunch of private companies (taking over various duties of EPO staff) seems like the management's goal; included in image form (and text) below is today's publication. There's a PDF with text (not OCR) but it contains metadata.



  7. Forced Confessions and Thought Control in Debian

    Reprinted with permission from Debian Community News



  8. [Meme] You Cannot Elect/Vote Corporations Out of Power (Eternal Vigilance is Required)

    Based on early polls, Biden will be president-elect in about a month and a half; but it’s important to remember that the election (if honoured by the current tenant of the White House) won’t be the end of corporate abuse of power in the same sense that driving Microsoft out of business won’t miraculously mean that Free software ‘won’ (we have a lot more to confront still)



  9. Debian Volunteers Disallowed and Forbidden From Talking About Politics (Unlike Debian's Aristocracy That Handles All the Money From Sponsors)

    Reprinted with permission from Debian Community News



  10. Political Compass for Free Software (and Those Who Attack Software Freedom)

    With RMS (the father of the movement) betrayed from multiple angles (OSI, Linux Foundation etc.) it’s probably important to depict what’s going on, quasi-politically speaking



  11. Richard Stallman Has Not Changed His Tune at All

    Richard Stallman's (RMS) principled views regarding software go back to the days of zeroes and ones; his position 35 years ago was almost indistinguishable from today's position



  12. IRC Proceedings: Thursday, September 17, 2020

    IRC logs for Thursday, September 17, 2020



  13. Keith Packard: Richard Stallman Was Right (About the GPL)

    A 2020 video (before lock-downs) from the brain behind X11 and various lesser-known projects



  14. The Quandary of 'Ethical' Sponsors and One's Ability to Criticise Them (Otherwise It's a Potential Bribe in Exchange for Censorship of Critics)

    When Free software advocacy groups are indebted to companies that greatly harm people's freedom (including privacy) we have to ask ourselves questions regarding morality and ethics because money isn't inherently evil, it depends who or where it comes from (on what implicit conditions)



  15. When Attempting to Run for Debian Project Leader (DPL), Only to Realise the Process is Rigged (and Censored) to Protect Past Leaders

    Reprinted with permission from Debian Community News



  16. [Meme] Linux Foundation Does Not Represent Linux Users

    With only one truly technical person inside the Linux Foundation Board (it got a lot worse in 2020) it seems safe to call it 95%+ corporate gerrymandering with no signs of improving any time soon; it’s all about letting hostile corporations change Linux rather than allowing Linux to change the world



  17. Somebody Needs to Talk About Free Software Politics

    The world of Free software is full of politics; it's impossible to be completely apolitical in it and just like "office politics" or "corporate politics" a lot boils down to deception, manipulation, exchange of favours (sometimes bribes) and we must talk about those things if we're ever going to seriously tackle abuse



  18. 2020 Elections: No, It's Not About Russia

    The Biden/Trump false dichotomy (perpetuating the two-party system monopoly/duopoly) borrows from Russophobic tactics and fact-free shaming



  19. Nepotism and Conflicts of Interest in Free Software

    Reprinted with permission from Debian Community News



  20. Links 17/9/2020: Qt Creator 4.13.1, Linux 5.8.10 and Mesa 20.1.8 Released

    Links for the day



  21. Codes of Contradiction

    Reprinted with permission from Debian Community News



  22. [Meme] Two Dictators: When Jimmy Met Satya

    Jim Zemlin’s Linux Foundation has sold Linux to a bunch of Linux-hostile dictators



  23. Germany Would Violate 3 International Agreements With the Unitary Patent, Says FFII

    Open Letter to the Bundesrat: “Germany will violate 3 international agreements with the Unitary Patent”



  24. Expulsions by Vendettas

    Reprinted with permission from Debian Community News



  25. [Meme] António Campinos Fools Nobody at the EPO Anymore

    António Campinos, President of the EPO, is failing to hide who or what he really is; he’s not even trying anymore



  26. EPO Gradually Becomes a Set of Private Corporations (Some Aren't Even European and Work Against Europeans)

    The sale of the EPO, piece-wise so to speak, is accelerating under the leadership of the new President, who also helps cover up serious financial misconduct by Benoît Battistelli, who arranged this job for him



  27. IRC Proceedings: Wednesday, September 16, 2020

    IRC logs for Wednesday, September 16, 2020



  28. Links 17/9/2020: GNOME 3.38 and LabPlot 2.8

    Links for the day



  29. Cliques That Form and Nepotistically Control Debian (Whilst Ousting Challengers and Intimidating Influential Contributors)

    Reprinted with permission from Debian Community News



  30. How Unix Works (Explanation by Its Founding Fathers)

    An early look at the system which decades later took over the entire world (as a prototype or as a concept and de facto standard at least); it's partly relevant to the systemd debate


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