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

11.23.12

USPTO and SCOTUS Abducted by Corporations

Posted in Patents at 5:36 pm by Dr. Roy Schestowitz

Factory scene

Summary: Complaints about the US patent systems rise to stage or press level because of nanotechnology and software professionals, as well as the arrogant words of the IBMer who oversees the USPTO; SCOTUS too is shown to have lost its objectivity

The words of Kappos are doing him no favours, just as we expected. One radio site says:

The director of the U.S. Patent and Trademark Office offered a forceful defense of his agency and of the patentability of software amid an ongoing debate over whether software ought to be entitled to patent protection.

While USPTO chief David Kappos acknowledged software is a challenging topic, critics need to let the system work as various updates to the nations’ patent laws come into effect, he said Tuesday in a speech at the Center for American Progress

“Stallman’s got company,” says another article as “researcher wants nanotech patent moratorium” (we covered this days ago). To quote the article:

Software patents have long been contentious things, but patents in other areas of science are also becoming frequent subjects of editorials and court cases, with biotech and genomics making it to the Supreme Court. Now, if an editorial in Nature is to be believed, nanotechnology is set to become the latest patent battleground.

Joshua Pearce is a professor at Michigan Technological University, and he very explicitly argues for taking an open-source and open-access approach to nanotechnology research. But he also goes well beyond that, calling for a patent moratorium and a gutting of the law that governs tech transfers from government-funded university research. At stake, he argues, is the growth of a field that could be generating trillions of dollars of economic activity within a few years.

There is systemic corruption at the USPTO, which comes to sight in terms of revolving doors (Kappos came from IBM). The SCOTUS too [1, 2] got corrupted by corporate interests, as this look at history reveals:

On November 20, 1972, the Supreme Court handed down its first ruling on the patentability of software. In Gottschalk v. Benson, the Supreme Court invalidated a patent on a method for converting numbers from one binary format to another, “The mathematical formula involved here has no substantial practical application except in connection with a digital computer,” wrote Justice Douglas for a unanimous court. That, in his view, meant that the patent would “wholly pre-empt the mathematical formula and in practical effect would be a patent on the algorithm itself.” Mathematical algorithms are not eligible for patent protection, so the Supreme Court invalidated the patent.

Of course, a similar argument could be made about any software patent. A computer program is nothing more than a sequence of mathematical operations—a complex mathematical formula. Therefore, any patent that claims a method of solving a problem by programming a general-purpose computer is, like the patent the high court struck down 40 years ago, effectively a patent on a mathematical algorithm.

TechDirt wrote about it too:

Over at Forbes, Tim Lee has reminded us that it’s the 40th anniversary of the case in which the Supreme Court really banned software patents, arguing that they were really just math, and you can’t patent math. That case, Gottschalk v. Benson, had been seen to suggest that software programs, by themselves, could not be covered by patents.

We are not alone in pointing out that SCOTUS serves corporate interests now, and not just when it comes to patents.

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. Patents Roundup: Apple Versus Android/Linux, Leigh Rothschild Versus Everyone, Patent Lawyers Versus Patent Reform and Progressivism

    News collated which pertains to software patents, especially those which affect Free/libre software



  2. Links 4/9/2015: Acer Predator 8, GNOME 3.17.91 Released

    Links for the day



  3. Microsoft's Vista 10 Still a Failure, So Focus Shifts to Attacks on GNU/Linux, Android

    Vista 10 adoption is already plateauing (at very low levels considering the zero-cost 'upgrade') and Microsoft is trying to assert or exploit (patent) monopolies where adoption and market growth are extremely high (Free software)



  4. Links 3/9/2015: Xiaomi's Linux Push, Calligra/Krita 2.9.7

    Links for the day



  5. TechBytes Episode 89: Chromebooks, Privacy, and Vista 10

    An episode which focuses on the rise of Chromebooks, serious issues pertaining to privacy, media bias, and the demise of Windows



  6. Links 2/9/2015: Chromebooks and Red Hat Enterprise Linux 7.2 Beta

    Links for the day



  7. Software Patent From Troll Called 'Rothschild Connected Devices Innovations' a Symptom of a Rotten Patent System

    Another example of patent trolls and software patents as gatekeepers and parasites, denying access to very trivial ideas or implementations



  8. When Even Patent Lawyers' Blogs Acknowledge the Rapid Demise of Software Patents

    Voices for patents are accepting the new order wherein software patents are hardly potent at all (and increasingly difficult to acquire)



  9. Calling Proprietary Software, Software Patents, Lock-in (Like OOXML) and DRM 'Open'

    What Microsoft et al. call 'Next-Generation Open Media Formats' are basically neither open nor acceptable (it's DRM) and what Microsoft apologists dub 'Open Source Tools' are just another example of a Microsoft Office openwashing Trojan horse



  10. Recycled Old News About Vista 10, Stressing That Not Only '10' is Spyware But All of Windows is

    How Microsoft propagandists are spinning Microsoft's gross and potentially illegal privacy violations as a reason to 'upgrade' to Vista 10



  11. Links 1/9/2015: Manjaro Linux 0.8.13, Netrunner 14.2 LTS

    Links for the day



  12. Patents Roundup: IAM's Claims About India, Lawyers' Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

    Another weekly summary, focusing on issues that pertain to or affect Free software in particular



  13. Microsoft Crowd Rocks the Media With Misleading Claims and Deliberate Lies About GNU/Linux, Vista 10, and Free/Open Source Software

    A roundup of rigged press coverage, intended purely to serve Microsoft's agenda



  14. Links 31/8/2015: Linux 4.2, LXLE 14.04.3

    Links for the day



  15. IRC Proceedings: August 9th, 2015 – August 29th, 2015

    Many IRC logs



  16. “Conservative” Site Responds (Yet Again) to Misguided “Conservative” Efforts to Derail Patent Reform in the US

    Patent trolls throw stones in glass houses, contributing to their own unpopularity, but some influential “Conservatives” continue to defend (conserve) them



  17. Increase in Lobbying for Software Patents in Europe and Its Trojan Horse, the Unitary Patent (UPC)

    The relentless campaigns to bring software patents into Europe have not stopped and so-called 'unification' -- much like so-called 'trade' deals -- serves to support them



  18. Microsoft Technology Crashes Financial Markets, Again

    SunGard, which is a Microsoft shop, is clearly failing to provide what it calls mission-ciriticaal [sic] solutions



  19. Alice v. CLS Bank (Alice/§101) Comes to Squash Software Patents Even in Eastern District of Texas

    The crackdown on software patents is coming along nicely and the Alice case is now being utilised even in the capital of patent trolls



  20. Apple's Patent Cases Against Android Are Falling Apart, as Acknowledged Even by the Anti-Android Lobby





  21. Links 29/8/2015: NetworkManager 1.0.6, Systemd Merges “su” Command Replacement

    Links for the day



  22. Microsoft Loves Linux to Death and Still Tries to Kill GNU/Linux

    Microsoft's relentless attacks on GNU/Linux and Free software in general (even if it runs on Windows) are so evident that claims of 'love' remain laughable at best (if not infuriating)



  23. Censorship, Self-Censorship and Intimidation Now the Modus Operandi at EPO

    The European Patent Office has ceased even trying to pretend that it respects human rights, including the right to free speech



  24. Patent Practitioners: "The Unitary Patent Might be Able to Open the Floodgates for Software Patents in Europe"

    The EPO-backed Unitary Patent scheme threatens to bring software patents to Europe and along with them a lot of patent trolls from all around the world (especially the United States)



  25. Microsoft Lies About Vista 10 and Increases Microsoft Surveillance (Even Beyond Vista 10 and Into Android, Vista 7/8)

    Windows surveillance expands retroactively, making its way into platforms other than Windows and also expanding to predecessors of Vista 10



  26. Another Suicide at the EPO, Fifth by Our Count

    Yet another EPO member of staff has just committed suicide, leading to the inevitable question: how many people need to die before Battistelli and his minions are out of the Office for good?



  27. Links 27/8/2015: ownCloud Desktop Client 2.0, Red Hat Downgraded

    Links for the day



  28. Microsoft-connected Mesosphere Threatens to Eliminate Free Software in the Datacentre

    Hiding behind a misleading 'open' label while actually backed by Microsoft (and based on new rumours may join Microsoft), Mesosphere wishes to eradicate Free and back doors-free software in large datacentres hosting a lot of physical and virtual servers



  29. Microsoft Aggression Against GNU/Linux Amid Vista 10's Failure

    A look at the recent assault on GNU/Linux in Munich and the likely cause for this assault (in such a timely fashion, too)



  30. Message to LinuxCon Regarding Microsoft: “It is Necessary to Get Behind Someone in Order to Stab Them in the Back.” -Sir Humphrey Appleby

    Jim Zemlin, executive director of the Linux Foundation, helps Microsoft gain influence in the Foundation after payments are received


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