Bonum Certa Men Certa

New Evidence Arrives to Support Patent System Overhaul While EFF Pressures Congress



Boston University seal



Summary: A new study from Boston helps show that the patent system is flawed, just as the EFF argues

THE EFF managed to get a discussion about the patent system going. Red Hat's Open Source site summarises some of the key points that the EFF has been passing around the Web:



A new website—defendinnovation.org—neatly summarizes the EFF's position on software patents as well as the organization's proposed changes to the current patent system:

1. A patent covering software should be shorter: no more than five years from the application date. 2. If the patent is invalid or there's no infringement, the trolls should have to pay the legal fees. 3. Patent applications should be required to provide an example of running software code for each claim in the patent. 4. Infringers should avoid liability if they independently arrive at the patented invention. 5. Patents and licenses should be public right away. Patent owners should be required to keep their public records up-to-date. 6. The law should limit damanges so that a patent owner can't collect millions if the patent represented only a tiny fraction of a defendent's product. 7. Congress should commission a study and hold hearings to examine whether software patents actually benefit our economy at all.



Boston University has meanwhile released another one of its studies [1, 2, 3] about the patent system in the US. The BBC covered it:

The direct cost of actions taken by so-called "patent trolls" totalled $29bn (€£18.5bn) in the US in 2011, according to a study by Boston University.

It analysed the effect of intellectual rights claims made by organisations that own and license patents without producing related goods of their own.

Such bodies say they help spur on innovation by ensuring inventors are compensated for their creations.


With more scholarly work in the area we'll be better equipped to change the system for the better, led by influential groups like the EFF. Quoting The H:

Further information about the EFF's new patent reform project and details of each of the proposals can be found on the official Defend Innovation web site. On the site, users can also add their signatures and comments to a white paper that will be taken to the US Congress.


They actually take this up with politicians. This is a productive route. This needs to be done before software patents spread to the EU, like a lot of the policies that the US exports over time to the whole world (e.g. DMCA). Glyn Moody warns:

Once the Unitary Patent comes in, EPO patents will automatically be valid in all countries that have joined the scheme (Italy and Spain haven't.) The question then becomes: so where can the EPO's patents be challenged? In an excellent article on the Unitary Patent, Richard Stallman provides us with the answer:

"A small but crucial detail in the [Unitary Patent] plan is that appeals against the EPO's decisions would be decided based on the EPO's own rules. The EPO could thus tie European business and computer users in knots to its heart's content."

As we've seen, the EPO has already been granting software patents (tens of thousands of them according to Stallman) despite the European Parliament decision not to accept them; currently, those patents can be contested in national courts. But come the Unitary Patent, it won't be possible to do that; instead, the validity of the EPO patents will be decided according to the EPO's rules. It's easy to see that this will lead to a flood of software patents being validated across Europe, bringing with them the insane, destructive lawsuits that are currently tearing the US computer world to pieces. Needless to say, the knock-on effects for open source would be terrible if that happened.


We'll catch up with this next month. ⬆

Comments

Recent Techrights' Posts

Links 04/11/2026: Slop Helps Break Laws and Scam Altman Pretends Chatbots Are Persons
Links for the day
Intercontinental Brigading - Part XXXVII - Tasteless, Tactless Time for "Virtue-Signalling" (When Your Actions Are Much Like the GOP's)
Violence by cops isn't a "leftist" thing
United Arab Emirates: GNU/Linux at Over 8%
According to statCounter
As XBox Goes Out of Business Helen Chiang Adds Insult to Injury
XBox sales are worst in 25 years
Intercontinental Brigading - Part XXXIV - Women as Hostages, Even Spouses
First he put his own spouse behind bars by accusing the spouse of what he himself seems guilty of
A Geminispace Tally
That's not the Web, it is an alternative to it
Intercontinental Brigading - Part XXXIII - Shooting the Messenger is a Presidential Tactic
why our ministers are looking for ways to fix the law.
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026
Gemini Links 04/11/2026: Abacus and Spare IT Equipment
Links for the day
Viet Nam and Thailand at High Adoption Levels of GNU/Linux, Other Nations Nearby Are No Exception
Helen Chiang and her colleagues say it's a "clown show" at Microsoft
Richard Stallman on What It's Like to be Threatened by Strangers With Software Patents
We hope that some EPO insiders will take time to listen to this talk
Stealth Layoffs at IBM (PIPs and Bailouts)
string of reports or unverified hearsay
Steven Vaughan-Nichols is Slop
Just look at this
The Register MS is "Hosting a Dinner" for Sponsors
Remember that The Register MS keeps publishing spam about "AI"
Intercontinental Brigading - Part XXXVI - A Potent Microsoft Threat to Administration of Justice Globally (Not Just Fair Elections)
Breaking into machines to cover up one's own crimes
Intercontinental Brigading - Part XXXV - When One Does Not Understand Security (Nor Ever Pursues Security)
One might therefore conclude that Garrett is a proponent of American back doors
Links 04/11/2026: "Democratic Establishment" Wins Big and "Pentagon Sued Over Hegseth’s New “Future of Warfare” Committee Led by Musk"
Links for the day
Andy's Latest Writings About Proton CEO Andy Yen, "JavaScript Required", and Slavery in Technology
Andy (of The Cyber Show) has some new material
Intercontinental Brigading - Part XXXII - Malfunctions Reported in Windows Voting Machines (as Usual)
"There are always problems," Ryan told us
Gemini Links 04/11/2026: GoAccess, Adopting Gopher, and Twisty Passages
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 03, 2026
IRC logs for Tuesday, November 03, 2026
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Intercontinental Brigading - Part XXXI - Microsoft and Promoters of "Secure Boot" Are to Blame
the important thing is that the dictator and Microsoft can remotely control all computers
Links 03/11/2026: Science Around "Near-Death Experiences" and "Do Animals Grieve?"
Links for the day
Gemini Links 03/11/2026: Guitar, 3D-Printable Electric Spinning Wheel, Against Haven Social, and More
Links for the day
Intel Corporation Down Over 51% in One Month, the US Bailout Didn't Work
Is the slop industry [sic] next?
Microsoft European Development Centre (EDC) Next to be Culled?
No time for that anymore
Intercontinental Brigading - Part XXX - Breaking This Year’s Election Process With Bug Doors in Restricted Boot
Thankfully here in the UK we typically still vote with paper and pencil
Mass Layoffs at SUSE, Over 10% of Staff Gone
Ignore their excuses
When You're a Software Developer and They Tell You That Your Occupation is Dead or Dying in Order to Sell Dysfunctional Offerings Based on Hype (and Plagiarism)
Disbelief is a strength when companies borrow trillions of dollars to sell a dud and construct a pyramid scheme
Links 03/11/2026: Slop-Tied Debt is Becoming a Crisis (Lenders Panic), "Ukrainian Journalists Urge Global Media Not to Look Away From Russian Aggression"
Links for the day
Malaysia Seems to be Exploring Digital Independence With GNU/Linux and More
not too bad
Microsoft Windows is Crashing in Republic of South Korea
Like in Japan, they seem to be shutting the lid on decades of Microsoft-isms
Think Less, Aim for Less (When It Comes to Hardware)
An abundance of hardware being wasted on a pyramid scheme will become a cautionary tale one day
Gemini Links 03/11/2026: Stargazing, Linux-Powered Prism "Ambient Computer", and Abandoning Streaming Disservices
Links for the day
GNU/Linux Made Big Strides in Portugal This Year
Microsoft had many layoffs in Portugal in recent years
GNU/Linux in Argentina Now Measured at 8% "Market Share"
Argentina is known for exporting skilled footballers, not advanced technology, but it has a large population, which we can hope will dump Windows
Microsoft is Borrowing Loads of Money While Telling 60,000 Workers to Take the "Offer" and Leave, Microsoft Wants Bailouts From the Dictator
Vote in elections and also vote with your wallet
Microsoft and Spoilt Food
Some whistleblowers may be needed here
Intercontinental Brigading - Part XXIX - Undermining US Election While Engaging in Lawfare in England (BBC) Against Publishers That Cover Anti-Election Violence
The elephant in the room is back doors in voting machines
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 02, 2026
IRC logs for Monday, November 02, 2026