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

02.05.12

Unitary Patent and the Emergence of More Junk Patents

Posted in Europe, Microsoft, Patents at 10:06 am by Dr. Roy Schestowitz

Cemetery for cars

Summary: The rise of the junk patents and what we are taught about them by the news, including some news about the unitary patent in Europe

THE UNITARY patent [1, 2, 3, 4, 5, 6, 7] drew opposition in several countries and also among some British MPs. Despite all that we know about the harms of patent maximalism, patent lawyers in Europe keep promoting it and argue for the inevitability of this looting of public knowledge:

It certainly is a sign of progress (although some would say in the wrong direction) that the Secretariat of the EU Council is about to finalise the Regulation for implementing the Unitary Patent (see Document CM 1068/12). Apparently, the dice is cast with respect to the Unitary Patent and, thus, with respect to the highly controversial question as to whether or not Articles 6 to 8 (effects of patents) should remain in the proposed Regulation so that substantive patent law will be subject to review by the Court of Justice of the European Union in future.

We have not heard about the unitary patent in a while, which either means that the public is left out or that no significant progress is being made. Lawyers have their own interests here and therefore a bias too. Over in Australia we see a similar type of crowd doing something similar. Patent boosters in Australia argue in favour of software patenting. It’s from a pro-patents blog that says:

The US Supreme Court has established three exceptions to the broad principle that all machines, processes, manufactures and compositions of matter are patentable under 35 USC §101 – laws of nature, physical phenomena and abstract ideas.

In Australia, it is settled law that the ‘manner of manufacture’ test for patent-eligibility excludes laws of nature, mere discoveries, ideas, scientific theories, schemes and plans. Mathematical formulae and algorithms are also excluded, to the extent that claims are not meaningfully limited to their use as part of a patentable practical application.

It can therefore be seen that, while the precise terms used differ in the two countries, there is a broad similarity between the fields of excluded subject matter in Australia and the US.

As we showed last year, there was some lobbying in Australia and a perpetual attempt to spread the venom of the US patent system to another continent (just like in Europe). It’s not about innovation, it is about greed. When multinationals are calling out the alligators with some more litigators (new hirings) they do nothing to promote innovation. Usually they merely impede it. Here is an example of another software patent being granted. Some of them are so embarrassingly trivial and CNET catches up with old news about Microsoft withdrawing one such embarrassing patents among several that it uses to extort Linux/Android (this one in the B&N case). To quote:

Microsoft withdrew a patent from the list of ones that it claims Barnes & Noble violates with its Nook e-readers in the software giant’s case against the bookseller before the U.S. International Trade Commission.

The ITC is not done looking at the anti-competitive patent misuses by Microsoft. Microsoft lobbyists, however, try to change the story.

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

What Else is New


  1. East Asia's Patent Peril and the Curse of Patent Trolls

    The high cost of China's new obsession with patents and the never-ending saga of Samsung (Korea), which gets dragged into courts not only in the US but also in China



  2. USPTO Starts Discriminating Against Poor People, and Does So Even When They Rightly Point Out Errors

    Even though the burden of proof ought to be on one who grants a monopoly, the legal costs are being offloaded onto those who challenge an erroneously-granted monopoly (even if the court sides with the challenger)



  3. Ambrose Chan Enters Document Security Systems (DSS), a Partly Patent Troll Entity

    The Board of Directors of DSS enlists a man from Singapore, whose lack of technical background suggests that the company is still more of a bully than an innovator



  4. UPC Threatens to Weaponise Software Patents in Countries That Forbade These

    The reality of software patents in Europe and what a Unified Patent Court (UPC) would mean for these if it ever became a reality



  5. The Latest Lies About the Unitary Patent (UPC) and CIPO's Participation in Those

    Team UPC continues to overplay its chances, conveniently ignoring simple facts as well as the Rule of Law



  6. The Patents Policy of Facebook is Causing an Exodus

    Yet another major player walks away from Facebook's code because of software patents



  7. Links 20/9/2017: Wine Staging 2.17, Randa 2017, Redox OS 0.3.3

    Links for the day



  8. When Google Used Alex Converse to Raid the Public Domain With Software Patents

    In its overzealous pursuit of software patents, Google is now turning public domain methods into private 'property' (in defiance of critics)



  9. Mark Kokes, the Man Behind BlackBerry's Patent Aggression, Leaves the Company

    The man behind the patent troll-like behaviour of BlackBerry is leaving



  10. WordPress Demonstrates That Facebook's Patent Strategy is Deterring/Alienating Developers

    React is being dumped following Facebook's attempt to restrict distribution/derivatives using software patents



  11. Links 19/9/2017: Pipewire, Mir Support for Wayland, DRM in W3C

    Links for the day



  12. Links 18/9/2017: Linux 4.14 RC1, Mesa 17.2.1, and GNOME 3.26 on Ubuntu Artful

    Links for the day



  13. Patent Trolls Update: Eolas, Conversant (MOSAID), Leigh Rothschild, and Electronic Communication Technologies

    Patent trolls are still being watched -- as they ought to be -- even though some of them shy away, hide from the media, engage in dirty tricks, and file more lawsuits



  14. Microsoft is Promoting Software Patents in India in Another Effort to Undermine Free/Open Source Software, Microsoft-Connected Trolls Are Still Suing

    The ongoing patent threat to Free/libre Open Source software (FLOSS) and the role played by Microsoft in at least much of this threat



  15. Patent Trial and Appeal Board (PTAB) Under Attack by IBM and Other Patent Parasites Who Undermine Patent Quality

    The PTAB, which has thus far invalidated thousands of abstract/software patents, is under a coordinated attack not by those who produce things but those who produce a lot of lawsuit



  16. Why the Mohawk Tribe Should Fire Its Lawyers and Dump the Patents Which Now Tarnish Its Name

    In order to dodge the Patent Trial and Appeal Board (PTAB) with its Inter Partes Reviews (IPRs), the Mohawk tribe is being exploited -- very much in direct detriment to its reputation and status



  17. Amazon and Google Have Both Become Part of the Software Patents Problem

    The transition from so-called 'defensive' patents to offensive patents (ones that are used to suppress competition) as seen in Amazon and in Google, which is already suing rivals and is pursuing additional patents by acquisition



  18. Unless Physical, Inventions Are No Longer Patent-Eligible in US Courts, But USPTO Ignores Precedence

    Even though the ability to enforce software patents against a rival (or many targets, especially in the case of patent trolls) is vastly diminished, the US patent office continues to grant these



  19. Citing the European Patent Convention, Spanish Court Tosses Lawsuit With EPO-Granted European Patent

    The quality of European Patents (EPs) -- a subject of growing levels of scrutiny -- as demonstrated in Barcelona this summer



  20. Links 16/9/2017: More of “Public Money, Public Code”, Equifax Failed to Patch for Months

    Links for the day



  21. BlackBerry Has Turned Into a Patents and Licensing Company

    The Canadian company that made fairly reputable phones early in this century is left with nothing but the power to sue other companies -- a power to which it increasingly gravitates



  22. European Patent Office Continues to Paint a Rosy UPC Picture Even Though the UPC May Already be Dead

    The European Patent Office (EPO) doesn't let facts get in the way as another week passes with UPC promotion and further staff repressions



  23. Tax Evasion by Patent Boxes and Lies About Small Businesses (SMEs) in the Corporate Media

    The lobbying effort of the patent 'industry' -- and its largest beneficiaries -- paints its own perks as something that's intended for their small/minuscule competitors (whom they actually attempt to misrepresent and crush)



  24. Links 15/9/2017: Mesa 17.2.1 RC, Wine 2.17, WordPress to Ditch React Over Patents

    Links for the day



  25. The UPC Fantasy is Going Nowhere as Complaints and Paperwork Pile Up

    Many submissions and complaints about the Unitary Patent have time to arrive before the end of October as a decision on the matter seems as distant as 2018



  26. At Event of EPO SLAPP Firm, a Suggestion That the UPC Should be Scrapped Because It's Stuck

    Just like the TPP, the UPC is now in a potentially fatal deadlock, so people with a stake in the outcome consider starting again (almost from scratch)



  27. Watchtroll Helps the EPO Peddle Fake News About the Unitary Patent (UPC)

    The Unified Patent Court (UPC) isn't happening; the EPO, however, keeps on pretending that it can already operate as though the UPC got the green light



  28. Links 14/9/2017: Plasma 5.11 Beta, Q4OS 1.8.8, Orion

    Links for the day



  29. Links 13/9/2017: Blender 2.79, Qt 5.10 Alpha, GNOME 3.26 “Manchester”, Parrot 3.8

    Links for the day



  30. Amazon's Infamous Patent is Dead and the World's Richest Man Failed to Fulfill His Promise on Software Patents

    Amazon continues piling up a lot of software patents even though its founder once pretended (only after enormous public backlash) that he would pursue far shorter terms for software patents


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