Bonum Certa Men Certa

With Failure to Reform USPTO, Grim Future for Patent Systems Worldwide

Gearing up to patents on mental processes everywhere

Gears



Summary: How the powers-that-be keep pushing for patent tyranny of global scope and almost limitless scope for patenting, including very fundamental ideas implemented in code and in mind

BEFORE globalisation brings us all a US-style patent system we must prepare for a NAFTA-like stage where Europe tries to consolidate its patent offices and set up a centralised courtroom or court system, then merging it with the trilateral systems which already accepts software patents (the US and Japan). Unless people stand up and resist this, the process often seems inevitable and irresistible. Once passed, it will be irreversible too. Earlier this month we showed many cables about the diplomatic endeavours to make the global patent system an imminent reality (see our Cablegate page). Based on this post from patent lawyers: "That Unified Patent Court which has so divided opinion in Europe has been very much in the IPKat's mind in recent days. The problem is that, while most people are either enthusiastic or at least accepting of the idea of having a Unified Patent Court for the European Union's 27 Member States, many experts are anxious about the actual details and a simple Kat could be forgiven that everyone seems to want a different one.



"Anyway, the Draft agreement on a Unified Patent Court and draft Statute of 14 June 2011 has now been examined, weighed, measured, pondered, praised, criticised, printed out and converted into fleets of paper darts -- and there is no doubt that there are some serious problems which remain to be resolved.

"Here in the United Kingdom, the grandly-named EU Patent Reform Consultation Group (concerning which see CIPA, August 2011, pages 488-490) formed a sub-group to examine the Draft Agreement. The sub-group did not consist of a bunch of conscripts who had been dragged from the drinking houses of Holborn, sobered up and then instructed to moan about the Draft Agreement; rather, it was a select gathering of some of the finest patent experts on this part of the planet -- academics, practitioners, patent owners and even a blogger -- most of whom are, it may gratifyingly be said, friends of the IPKat even if, as indicated, none of them has [recently, says Merpel] been dragged from any of the drinking houses of Holborn."

Benjamin Henrion summarises the above as:

Comments on the Unified Patent Court by the patent microcosm, Tim Frain of MS/Nokia, LJ Jacob and al http://t.co/HVWmGWUX


"Unified Patent Court" would be better off called the "No-Escape Patent Court". It's a mechanism for filing lawsuits internationally with no safe haven and sovereign independence to separately evaluate legal cases. As long as the USPTO is a sordid mess, it will be a problem to every citizen of the world (either a customer or a producer).

Good ol' Stephan Kinsella is preparing to hold an event about Obama's so-called patent 'reform'. We always use scare quotes because it is 'reform' that serves Microsoft, which already abuses the patent system to behave anti-competitively and according to this Microsoft-oriented view by Kurt Mackie from the 'Microsoft press':

Microsoft is among several larger tech companies who pushed for the change to "first to file" -- but what will the Act's passage really mean for the tech industry (and patents in general)? Patent attorney Carlos A. Fisher walks through the potential impact.


Patent lawyers probably like this new 'reform', whereas patent trolls might like it a lot less in the long term. "Innovation’s down, but patent trolls are thriving" is how the Washington Post summarised the situation and quoting the article, Benjamin Henrion (FFII) rewrites this as "Paul Marks catches IBM moving to patent the “well-known” idea of partitioning software to protect against malware". This is not innovation. Microsoft is patenting password/authentication ideas right now, proving yet again that making something more secure is now a patent violation. How is that a good thing?

Microsoft is permitted to keep its extortion deals against Linux (making money from other people's work) which Mr. Masnick criticises as follow:

So just what are the benefits of paying Microsoft a licensing fee for free software, especially when said software was not developed by Microsoft? If these quiet settlements are any indication, the sole benefit would be to avoid being dragged through the courts by one of the largest software developers in the world. Seriously, what other benefit is there? Is there a collection of patent trolls jumping at the chance to sue companies using Linux that have yet to surface thanks to Microsoft's cradling licensing deals? Not that I have read about. The only patent holder jumping at the chance to sue over Linux is Microsoft itself.


Microsoft is going after embedded Linux, which is massive. John Dvorak chooses to mischaracterise Linux by pretending it's just a desktop platform, but he does slam Microsoft for this behaviour:

This strategy needs to be stopped. Microsoft should immediately sue IBM, Red Hat, and other major Linux distributors. It should establish its supposed rights and stop playing games.

Microsoft has accumulated so many patentable ideas regarding its OS designs that it might be impossible to abide by all of them. However, there are ways to code around a patent, if someone actually knows what patent to code around. Microsoft has not exactly rolled out the portfolio for people to debate because it knows that this would be a bad idea. So instead, it uses its ability to act the bully and threaten the schoolyard kids.

To me, these dubious business practices follow those that got the company in trouble with the U.S. government during the Gates era. It seems as if nothing has changed.


Microsoft and its patent trolls very much like the status quo and as Groklaw points out, this whole 'reform' led to "A Rush To The Courthouse By Trolls". To quote Professor Webbink:

One consequence of the passage of the America Invents Act (HR1249) signed into law by President Obama last Friday (September 16) was a mad rush to the courthouse by some patent trolls. You see, one of the favorite tactics used by patent trolls is to bring a suit with dozens of defendants regardless of whether there are common issues of infringement other than the commonality of the asserted patents. This tactic allows the troll to benefit from a consolidated action, thus drastically reducing the troll's cost of litigation. Of course, this tactic doesn't always work as we learned in the Interval Licensing case.


51 cases against 680 defendants is how bad it is based on Masnick's summary and the "[q]uality of patents 'falling dramatically', warns OECD," which works well for patent lawyers and harms everyone else. To quote:

Quality of patents 'falling dramatically', warns OECD



A book dealer friend once told me of an affluent American who walked into his London shop and asked if he could buy "20 yards of books". It didn't matter what they were, he announced airily, as long as they were leather bound they'd look good on the mahogany shelving in his new abode. Well, it appears such attitudes now dominate the thoughts of what we once thought of as innovators, as they treat patents as a similar commodity to be bought in bulk.


In summary, the US patent system remains very messy and there is no solution to this in the pipeline. Sooner or later the powers-that-be will try to impose this system on the whole world (which to an extent they already do).

Comments

Recent Techrights' Posts

Digital Sanitation Good Practices
leave behind Microsoftism
10 Days Ago Richard Stallman Gave a Long Interview in French (linuxfr.org)
English translation
Science, Not Fast Food/Junk Food
The commercial exploitation of users won't stop until users exercise full control over their software or - more broadly - their computing (including data)
[Video] Dr. Richard Stallman at Technické Univerzitě v Liberci
New/via libre-liberec.cz
Security is Desirable, But Not When the Term Security is Misused to Imply Centralisation of "Trust" (Whose?)
'Security' is not an excuse for vendor lock-in
 
Links 18/10/2025: Madagascar's President Flees and ICE Arrests Protest Comedian Robby Roadsteamer
Links for the day
Richard Stallman Near the European Patent Office (EPO) in 3 Days From Now
It'll be a good opportunity for patent examiners to listen, ask questions, and maybe greet him in person
From Scholar to Booster of Slop (and Even Slop in His Own Blog)
We're going to keep an eye on future posts of his
End of Vista 10 Also Good News for the BSDs
There are many news sites that recommend trying GNU/Linux this month
What's Wrong With Liking Parrots or Birds as Pets?
They'd demonise people for speaking about freedom, no matter what they say or do
The Free Software Foundation, Which Has Appointed a 43-Year-Old President, is Looking to Add Another Board Member (or Treasurer)
expect the FSF to add more people
Richard Stallman Confirms Next Week's Talk at Technical University of Munich, We Urge EPO Staff to Attend
That's probably late enough for EPO staff to attend after work
Gemini Links 18/10/2025: Notifications and Geminaut
Links for the day
Many Red Hat People Are Leaving, But It'll Be Framed Publicly as Leaving IBM
Similarly, IBM layoffs (or "RAs" as they're called) include Red Hat layoffs
Expect More Waves of Microsoft Layoffs This Month (at Least Two Rounds Confirmed Already)
From what we can gather, assuming the recent rumours about XBox are true, there will be at least 3 waves of Microsoft layoffs this month alone
Security Issues in Cisco and Jenkins Passed Off as "Linux" Problems
Fear, Uncertainty, Doubt (FUD) tactics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 17, 2025
IRC logs for Friday, October 17, 2025
Slopwatch: LinuxSecurity, Linux Journal (Slashdot Media), UbuntuPIT, and Google News (Noise)
egregious plagiarism
Links 17/10/2025: Better Answers Sought After Air Crashes, "China Fans Patriotic Sentiment as Trade War With U.S. Heats Up"
Links for the day
Links 17/10/2025: Fentanylware (CheeTok) Causing Problems, Japanese Government Blasts Slop
Links for the day
The Linux Foundation Seems to Have Turned Linux.com Not Only Into a Spamfarm But Also LLM Slopfarm
it's polluting the Web, even important domains like Linux.com, with spam and LLM slop
Links 17/10/2025: UK’s Largest Breach Penalty and Windows TCO Examples
Links for the day
Go Watch Video About Librephone, Get Microsoft Ads
Very ethical company...
Campaign of Defamation Against the People Who Built NixOS (and Are Now Pushed Out From Their Own Project)
We've already grown familiar with - and resistant to - such tactics
Links 17/10/2025: Nestlé Crisis, Canada Post Versus 'Gig Economy' [sic] and Vista 11 Breaks Itself
Links for the day
Tux Machines Has Helped Separate Opinions/Analysis From News
In September 2023 we decided to split things apart and not repeat links in both sites
Tux Machines Has Improved Navigation of GNU/Linux and BSD News
Some more 'wiring' work
What a World Would Look Like If Everyone Used Free Software Only
Freedom is what matters, not "Open".
The Media Helps Microsoft, Amazon and Others (GAFAM and Beyond) Lie About Mass Layoffs Amid Valuation Bubble
The media, instead of saying that there's an "AI bubble" crashing the economy might instead choose the narrative of "jobs replaced by AI"
Bad Tempered? You Might Have Just Given Away That You're Losing the Argument
Brett Wilson LLP is fully aware that it is being investigated
Richard Stallman (RMS) is a Target of Defamation Campaigns Because of His Views on Software (But Politics Are the Excuse for Defaming Him)
Here in this site we try to refrain from politics, except in Daily Links
End of Vista 10 and Rise of GNU/Linux as Client Side Operating System
It seems certain GNU/Linux will grow in popularity over time
Taking Stock of a Week's Worth of EPO Leaks
We remain committed to exposing EPO corruption as long as it keeps happening
Mathieu Parreaux claims FINMA knew since day one
Reprinted with permission from Daniel Pocock
Calumny, Libel, Joerg Jaspert & debian-private untouchable cyberbullies
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 16, 2025
IRC logs for Thursday, October 16, 2025
Techrights Turns 19 in 3 Weeks
coverage of suppressed topics and protecting all sources/whistleblowers
International E-Waste Day Same Day as End of Vista 10
message from Akira Urushibata
The EPO's Central Staff Committee Presents Evidence That Staff Compensation Lowered While the Office Increases Income by Illegally Granting Invalid Patents
These people become millionaires by doing illegal things
Second or Third Wave of Microsoft Mass Layoffs in October 2025, This Time Portugal
Those are just the ones we know about, there may be several more
'Help Net Security' (helpnetsecurity.com) May Have Become a Slopfarm as Well
Zeljka Zorz, Editor-in-Chief at Help Net Security, was reported to us
Gemini Links 17/10/2025: Rant About Network Solutions, Strange Anomaly on Lagrange
Links for the day
EPO Staff Representation Lacks Social Dialogue With Relevant Management, Controversial and Sometimes Illegal Policies Implemented Without Necessary Input
"In this open letter, the CSC requests that the President submits an agenda item in the next available General Consultative Committee (GCC) meeting on setting up regular meetings between the CSC and the higher management of DG1."
Links 16/10/2025: Political Leftovers and Gemini Protocol Links
Links for the day
Lies Need to be Corrected
the Court never invited us
Slopwatch: Guardian Digital (linuxsecurity.com), Slashdot, Google News, and More
Maybe one day, once the bubble pops completely, Google News will just outright delist all slopfarms
Lufthansa Modern Slavery, Joerg Jaspert (ganneff) & Debian NSB Softwareentwicklung charade
Reprinted with permission from Daniel Pocock
Links 16/10/2025: US Starting More Trade Wars With China, CIA War on Venezuela
Links for the day
SUSE Blog is Still LLM Slop, Marketing Manager at SUSE Cannot Write
Would you buy from a company or seek support from a company that cannot even write (or fakes writing)?
Pretend You're Not Dead: Microsoft Spent Almost Two Decades Rebranding Things as "Cloud, Then "AI", Now "XBox" and "Quantum"
"AI" bubble pops, Microsoft harping about "quantum" already
IBM Allegedly Found New Tricks for Silent Layoffs: LPI, Then MIS (Not PIP)
Remember that "Red Hat layoffs" won't be reported after the bluewashing
Links 16/10/2025: Red Lines and Feeding of Microsoft Trolls
Links for the day
MIT as a Propaganda Mill of GAFAM, Paid by GAFAM
"the news" today
Links 16/10/2025: Lies Euphemised as ‘Dueling Versions of Reality’ and Microsoft "Open" "Hey Hi" Resorts to Porn as No Business Model Was Found
Links for the day
The Local Staff Committee Munich (Representation of the EPO's Staff) Explains When Cluster of Pregnancies May Result in Reduced Pay
"...even one week of part-time working is sufficient to reduce the salary you perceive during the entirety of your maternity leave."
Another Black Eye for 'Secure Boot', Microsoft Media Tries to Blame "Linux"
It enables Microsoft to remotely control computers, even computers that don't run Windows and never had any Microsoft software installed
Slopwatch: UbuntuPIT, linuxsecurity.com, and Various Slopfarms in Google News Attacking "Linux"
A new survey of the Web said that the majority of the Web is now slop (that's being said in the news this week)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 15, 2025
IRC logs for Wednesday, October 15, 2025
Links 16/10/2025: Increased Use of Social Control Media Surveillance in US, French Rage Over Pensions
Links for the day