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

09.16.11

Patent Systems: So Inherently Corrupt That They Must be Kept Secret From the Public

Posted in America, Google, IBM, Patents at 12:45 pm by Dr. Roy Schestowitz

Secret shelves

Summary: How the secrecy everything is shrouded in when it comes to patents helps show that something is not just amiss, it is borderline illegal

OIN members IBM and Google were recently seen making a transaction whose details we do not know. Only the patents whose assignment got changed are a known matter. This was never announced by the companies, so it’s safe to assume that secrecy is part of the strategy. According to one columnist, this whole thing is yet more evidence of the patent system failing. Wasn’t the patent system originally all about disclosure? As in transparency? All we see coming from patents are a pile of NDAs and invisible taxation of everything everyone buys. Here is one remark of interest:

The new acquisition is while good news for Android players, it’s bad news for those who are concerned about the situation. The US patent system is flawed and is discouraging innovation and encouraging bullies to threaten smaller or newer competitors.

Another good news for Android players is that long-time Microsoft partner Intel has put its trust in Android and will be working closely with Google, which means yet another heavyweight to defend Android as and when needed.

It remains unclear how Android can defend itself from patents which the Microsoft cartel passes around to patent trolls like MOSAID, which may in turn be feeding patent trolls around itself. Based on this new report, another secret sale of patents has just taken place. All we know is the cost and the involvement of a patent troll:

Mosaid Technologies Inc. has sold off a handful of non-strategic patents to an undisclosed buyer for $11 million.

The Ottawa patent and licensing company said the sale, which the buyer will pay for over an undisclosed time frame, is part of Mosaid’s plan to focus further on areas of future growth. The five patent families involved were not being licensed by Mosaid and, as a result, were not bringing in any new revenues.

Well, why the secrecy? This usually indicates bad faith. The patent system has become an industry of collusion, retaliation, extortion, and back room deals. But copyrights are not enough according to patenting maximalists, so we must live with this burden apparently. Think of all the “jobs” that would be “destroyed” had patent lawyers not had anything to sue over.

The Harvard Business Review, which is known for its leaning towards big businesses and the mainstream line, has just published a criticism of that latest patent 'reform'. To quote the opening parts:

On Friday, President Obama will sign the America Invents Act, resulting in the largest overhaul of the U.S. patent system in over half a century. The primary result of the legislation will be to transition America from a “first-to-invent” to a “first-to-file” country. Supporters of the new measure argue that it will streamline the patent application process and harmonize America’s system with the rest of the world, and it will allow for more rapid approval and increased certainty in the validity of patents. But this misses the point entirely: the fundamental problem with current patent law has nothing to do with the process for obtaining a patent. The biggest problem is that nobody can tell what a patent covers until they’ve spent months or years working it out, often in the courts.

Some of the most rigorous research on U.S. patents has been conducted by Boston University’s James Bessen and Michael Meurer. They have gone beyond the anecdotes that so often characterize discussions of patent reform and have studied in detail just how patents function, what incentives they create, and how the system could function better. What they found is that America’s patent system only provides positive incentives for innovation in two industries: pharmaceuticals and chemicals. The value that a patent confers on its owner is outweighed by the cost of obtaining, asserting, and defending that patent for almost all American companies. Anyone innovating outside of those two industries would be better off if there were no patent system at all.

Indeed. And for our coverage of the Bessen study, see this post.

It is becoming abundantly clear that if the public understood how the patent system works, there would be an outrage, to use words similar to those of Bill Gates (when his convicted monopolist was s lot smaller). The secrecy is another symptom of a serious problem and it leads to a lot of congresspeople misunderstanding this whole subject.

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 16, 2011 at 1:58 pm

    Gravatar

    “Well, why the secrecy? This usually indicates bad faith. ”

    What? In a highly competitive market companies keep industrial secrets all the time. No “bad faith” at all.

What Else is New


  1. Links 18/9/2018: Qt 5.12 Alpha , MAAS 2.5.0 Beta, PostgreSQL CoC

    Links for the day



  2. Today's European Patent Office (EPO) Works for Large, Foreign Pharmaceutical Companies in Pursuit of Patents on Nature, Life, and Essential/Basic Drugs

    The never-ending insanity which is patents on DNA/genome/genetics and all sorts of basic things that are put together like a recipe in a restaurant; patents are no longer covering actual machinery that accomplishes unique tasks in complicated ways, typically assembled from scratch by humans; some supposed 'inventions' are merely born into existence by the natural splitting of organisms or conception (e.g. pregnancy)



  3. The EPO Has Quit Pretending That It Cares About Patent Quality, All It Cares About is Quantity of Lawsuits

    A new interview with Roberta Romano-Götsch, as well as the EPO's promotion of software patents alongside CIPA (Team UPC), is an indication that the EPO has ceased caring about quality and hardly even pretends to care anymore



  4. Qualcomm's Escalating Patent Wars Have Already Caused Massive Buybacks (Loss of Reserves) and Loss of Massive Clients

    Qualcomm's multi-continental patent battles are an effort to 'shock and awe' everyone into its protection racket; but the unintended effect seems to be a move further and further away from 'Qualcomm territories'



  5. Links 17/9/2018: Torvalds Takes a Break, SQLite 3.25.0 Released

    Links for the day



  6. The Patent Trial and Appeal Board (PTAB) Helps Prevent Frivolous Software Patent Lawsuits

    PTAB with its quality-improving inter partes reviews (IPRs) is enraging patent maximalists; but by looking to work around it or weaken it they will simply reduce the confidence associated with US patents



  7. Abstract Patents (Things One Can Do With Pen and Paper, Sometimes an Abacus) Are a Waste of Money as Courts Disregard Them

    A quick roundup of patents and lawsuits at the heart of which there's little or no substance; 35 U.S.C. § 101 renders these moot



  8. “Blockchain” Hype and “FinTech”-Like Buzzwords Usher in Software Patents Everywhere, Even Where Such Patents Are Obviously Bunk

    Not only the U.S. Patent and Trademark Office (USPTO) embraces the "blockchain" hype; business methods and algorithms are being granted patent 'protection' (exclusivity) which would likely be disputed by the courts (if that ever reaches the courts)



  9. Qualcomm's Patent Aggression Threatens Rationality of Patent Scope in Europe and Elsewhere

    Qualcomm's dependence on patent taxes (so-called 'royalties' associated with physical devices which it doesn't even make) highlights the dangers now known; the patent thicket has grown too "thick"



  10. Months After Oil States the Patent Maximalists Are Still Desperate to Crush PTAB in the Courts, Not Just in Congress and the Office

    Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) improve patent quality and are therefore a threat to those who profit from spurious feuding and litigation; they try anything they can to turn things around



  11. IAM, Watchtroll and the EPO Still Spread the Mentality of Patent Maximalism

    The misguided idea that the objective (overall) should be to grant as many monopolies as possible (to spur a lot of litigation) isn't being challenged in echo chamber 'events', set up and sponsored by think tanks and pressure groups of the litigation 'industry'



  12. Watchtroll and Other Proponents of Patent Trolls Are Trying to Change the Law Outside the Courts in Order to Bypass Patent Justice

    35 U.S.C. § 101 (Section 101) voids almost every software patent — a reality that even the most zealous patent professionals have come to grips with and their way of tackling this ‘problem’ is legislative, albeit nowhere near successful (so far)



  13. Links 16/9/2018: Windows Plays 'Nice' Again, Elisa Music Player 0.3 Beta and Latte Dock 0.8.1

    Links for the day



  14. Slamming Courts and Judges Won't Help the Patent Maximalists; It Can Only Make Things Worse

    Acorda Therapeutics sees its stock price dropping 25% after finding out that its patent portfolio isn't solid, as affirmed by the Federal Circuitn(CAFC); the only way out of this mess is a pursuit of a vastly improved patent quality, thorough patent examination which then offers legal certainty



  15. Patent Trolls Are Still Active and Microsoft is Closely Connected to Many of Them

    A roundup of patent trolls' actions in the United States; Microsoft is connected to a notably high number of these



  16. Advancements in Automobile Technology Won't be Possible With Patent Maximalism

    Advancements in the development of vehicles are being discouraged by a thicket of patents as dumb (and likely invalid) as claims on algorithms and mere shapes



  17. Battistelli “Has Deeply Hurt the Whole Patent Profession, Examiners as Well as Agents” and Also the Image of France

    A French perspective regarding Battistelli's reign at the EPO, which has not really ended but manifests itself or 'metastasises' through colleagues of Battistelli (whom he chose) and another French President (whom he also chose)



  18. António Campinos Needs to Listen to Doctors Without Borders (MSF) et al to Salvage What's Left of Public Consent for the EPO

    Groups including Doctors Without Borders/Médecins Sans Frontières (MSF) and Médecins du Monde (MdM) have attempted to explain to the EPO, with notoriously French-dominated leadership, that it’s a mistake to work for Gilead at the expense of the public; but António Campinos is just another patent maximalist



  19. The Max Planck Institute's Determination on UPC's (Unitary Patent) Demise is Only “Controversial” in the Eyes of Rabid Members of Team UPC

    Bristows keeps lying like Battistelli; that it calls a new paper "controversial" without providing any evidence of a controversy says a lot about Bristows LLP, both as a firm and the individuals who make up the firm (they would not be honest with their clients, either)



  20. Links 15/9/2018: Wine 3.16, Overwatch's GNU/Linux (Wine) 'Ban', New Fedora 28 Build, and Fedora 29 Beta Delay

    Links for the day



  21. Max Planck Institute Pours More Water on the Dying Unitary Patent (UPC)

    The Max Planck Institute gives another sobering reality check for Team UPC to chew on; there's still no sign of any progress whatsoever for the UPC because even Team UPC appears to have given up and moved on



  22. EPO Seals Many Death Sentences With Acceptance of EP 2604620

    Very disappointing news as EP 2604620 withstands scrutiny, assuring that a lot of poor people will not receive much-needed, life-saving treatments



  23. Links 13/9/2018: Compiz Comeback, 'Life is Strange: Before the Storm'

    Links for the day



  24. Now We Have Patents on Rooms. Yes, Rooms!

    The shallow level of what nowadays constitutes "innovation" and merits getting a patent for a couple of decades



  25. EPO Granted a Controversial European Patent (Under Battistelli) Which May Literally Kill a Lot of People

    The EPO (together with CIPA) keeps promoting software patents; patents that are being granted by the EPO literally put lives at risk and have probably already cost a lot of lives



  26. Links 13/9/2018: Parrot 4.2.2, Sailfish OS Nurmonjoki, Eelo Beta

    Links for the day



  27. Patents on Life at the EPO Are a Symptom of Declining Patent Quality

    When even life and natural phenomena are deemed worthy of a private monopoly it seems clear that the sole goal has become patenting rather than advancement of science and technology; media that's controlled by the patent 'industry', however, fails to acknowledge this and plays along with privateers of nature



  28. Defending the World's Most Notorious Patent Trolls in an Effort to Smear the Patent Trial and Appeal Board (PTAB) is an Utterly Poor Strategy

    The 'case' for patent maximalism is very weak; those who spent years if not decades promoting patent maximalism have resorted to attacks on judges, to defense of trolls like Intellectual Ventures, defense of patent scams, and ridiculous attempts to call victims of patent trolls "trolls"



  29. The Belated Demise of Propaganda Sites of the Litigation 'Industry'

    Sites that promote the interests of Big Litigation (patent trolls, patent law firms etc.) are ebbing away; in the process they still mothball the facts and push propaganda instead



  30. Links 11/9/2018: OpenSSL 1.1.1, Alpine Linux 3.8.1, Copyright Fight in EU

    Links for the day


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