12.04.12

SCOTUS Can Show Support for Public Interests by Stopping USPTO’s Systemic Corruption

Posted in Patents at 5:25 am by Dr. Roy Schestowitz

Super frog

Summary: The USPTO, which under leadership of an IBM veteran (i.e. monopoly/cartel) grants monopolies on pseudo-code and life code, can be challenged by the Supreme Court, but given its track record, optimism is unjustified

“The problem [with patents] is not just quality,” writes Pamela Jones in Groklaw. “It is the inability to recognize abstract ideas,” she expounds, responding to David Kappos at the USPTO Web site. But this controlled opposition, people who argue that “bad” patents and not software patents are a problem, remain a barrier to progress. They help stack panel with so-called ‘moderates’ who won’t let software patents go away in one fell swoop. Those moderates now include Red Hat and few other FOSS-using companies like Google. They are part of the system, they don’t want to be called 'extremists' (typical tactic).

We have created a wiki page about SCOTUS because we recognise it as part of the problem too. It seems eager to let genes be patented; when genetics are brought to the SCOTUS we expect the same pro-profit decisions to be made, but we shall wait and see. Wired says: “The Supreme Court announced Friday it would review a case testing whether human genes may be patented, in a dispute weighing patents associated with human genes known to detect early signs of breast and ovarian cancer.”

This harms poor people and hits Ill people the hardest. Monopolies let prices go trough the roof, e.g. by selling drugs for 1000 times their production costs. Here is what India has to teach us. From the German press:

For years, India has refused to respect the patents of foreign pharmaceutical companies suspected of slightly altering their drugs merely to extend their profitability. In doing so, it helps not only the growing number of domestic generic drug makers, but also the millions who can hardly even afford the copycat drugs.

Some companies that use patents on life go further. DuPont, for example, uses Sisvel tactics [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13] by sending thugs to enforce monopoly with patents:

DuPont Co. (DD), the world’s second- biggest seed company, is sending dozens of former police officers across North America to prevent a practice generations of farmers once took for granted.

The provider of the best-selling genetically modified soybean seed is looking for evidence of farmers illegally saving them from harvests for replanting next season, which is not allowed under sales contracts. The Wilmington, Delaware-based company is inspecting Canadian fields and will begin in the U.S. next year, said Randy Schlatter, a DuPont senior manager.

At the end of the day, as Dan Gillmor (whom me mentioned a lot before) correctly puts it in his new article:

Instead of rewarding invention, US patents just help corporations work monopolies and legal ‘trolls’ make parasitic profits

In a matter of unspecified amount of time we will know if SCOTUS still protects monopolies or protects the public. Let those who are responsible know what you think. Public backlash can alter outcome (see SOPA in the US and ACTA in the EU). The problem is, the media is owned by large corporations like GE, which based on the news continue to lobby in favour of patents, with nonsense like this:

The chief intellectual property counsel for GE argues that patent protection provides a crucial incentive to innovate.

That’s nonsense, especially for software. Ask any developer. But GE is a lobbyist for software patents [1, 2, 3]. Remember who founded GE and what he had done with patents. GE is a classic representation of the issues with patents. It’s a protectionism instrument.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2012/12/04/uspto-and-scotus-issue/

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. Time to Move to Gemini, Wherever/Whenever Possible, as the World Wide Web is a Burden on Everybody

    A 30-minute rant about what the Web has become and the promise of gemini:// (designed to simplify everything, enable self-hosting, preserve privacy, and empower communities rather than military-connected monopolies)



  2. The Number of Signatures in the Anti-FSF Petition is Decreasing, Not Increasing

    A reader has notified Techrights that belatedly, perhaps where people’s job is at risk (we’ve heard of stories and situations wherein the employer’s view and a worker’s view diverge), the GNOME Foundation/OSI did in fact remove some people from the hate letter they had set up for their monopolistic sponsors. We do, however, still see some names in there of people who asked to be removed, so it must be a very selective process. They don’t want to lose face, so they must have made it very difficult to revoke one’s name. Exceptional circumstances? We have checked to confirm, based on the available archives, and indeed that number decreased since 10 days ago, whereas 6,415 people have thus far signed the support letter (it's still growing), so we’ve just re-plotted the chart.



  3. IRC Proceedings: Sunday, April 18, 2021

    IRC logs for Sunday, April 18, 2021



  4. How Many People Developed GNU (Maybe Hundreds) in the 1980s

    Dr. Richard Stallman, the Free Software Foundation's founder, explains how code was managed and contributed in the early days of GNU



  5. Links 19/4/2021: Linux 5.12 RC8, GNU Poke 1.2, EndeavourOS 2021.04

    Links for the day



  6. Proprietary Software (BT Hub) Has Ruined My Whole Day

    While we did have some plans to publish long articles, those plans were curtailed or at least delayed due to the fact our sole device at home not to be controlled by us (a so-called 'Smart' Hub from BT) decided to break itself and by doing so bring productivity to a standstill (that firmware update, silently installed without notice or any form of consent, managed to screw with the local network)



  7. IRC Proceedings: Saturday, April 17, 2021

    IRC logs for Saturday, April 17, 2021



  8. Tolerating the Intolerant and Lacking Tolerance for Opposing Views

    The person who shouted...



  9. Letter of Support for Richard Stallman - Doing Better in Community

    "How do you support someone you’ve known for years who is unfairly attacked and publicly maligned?"



  10. Richard Stallman on Rejecting Workplace Bureaucracy in the 1970s

    Dr. Richard Stallman, the Free Software Foundation's founder, explains what inspired him to get involved in non-software matters



  11. Renata Avila: Trying to Understand the Lynching of Stallman

    Reproduced from the original



  12. Breaking News: EDPS Admits That It is Powerless to Investigate Claims of GDPR Non-compliance at the EPO

    Nobody is truly in charge at the EDPS (and in Europe at large); they say EPO is "company" and all one can do is kindly ask the EPO itself to obey the law and stop outsourcing European data to American military contractors



  13. Links 17/4/2021: Linux 5.13 in Sight, Holland Warming up to Free Software

    Links for the day



  14. Richard Stallman Vilified by Those Who Don't Know Him, Says Sylvia Paull

    Republished "In Support of Richard Stallman"



  15. [Meme] Linux Foundation Can't Use Linux

    Two examples from yesterday, highlighting what a bunch of hypocrites run the marketing operation now disguised as ‘research’; Jason Perlow from Microsoft signed/published this newsletter highlight from the failing “Linux” Foundation — a foundation that calls itself “Linux” while its newsletter is still hosted by Microsoft Windows+proprietary IIS and this latest report is made with proprietary software on a Mac



  16. [Meme] Haters Gonna Hate, Don't Apologise to a Libelling Mob

    As was already pointed out before, you cannot appease a mob by talking back to it, certainly not by issuing an apology (putting oneself in a position of weakness)



  17. What the EPO Has 'Normalised' in Europe...

    Under the cover of 'new normal', Europe's second-largest institution crushes the law and crushes its own staff



  18. Lots of Information in Sight, But Minimal Distraction

    How I keep focused on reading and writing whilst at the same time keeping an eye on important incidents, such as DDOS attacks and urgent messages coming in



  19. IRC Proceedings: Friday, April 16, 2021

    IRC logs for Friday, April 16, 2021



  20. Hate Letter Against FSF (Concern Trolls): 1415 Committers, Letter in Support of FSF (With Its Founder Back): 5116

    Taking into account people who asked for their names to be removed from the defamatory hate letter (inciting people, based on falsehoods), it's not impossible that the support letter really triples or quadruples it in terms of number of signatures



  21. Richard Stallman: Sharing is Good... We Need to Legalise It

    Dr. Richard Stallman, the Free Software Foundation's founder, explains his take on copyright and the artificial restriction being used against sharing



  22. Nadine Strossen and Hannah Wolfman-Jones Rebut Accusations Against Stallman and Choose Him as Coauthor

    "Here are her thoughts and the response she received from Nadine, extracted verbatim with their permission from the original article"



  23. Links 17/4/2021: GNOME 40 in Tumbleweed, Devuan 4.0 Alpha, Kate Editor Makes a Leap

    Links for the day



  24. EPO Staff Union Takes the EPO 'to Court' (the ILO's Tribunal, as the EPO Cannot be Taken to a Proper Court)

    The Staff Union of the EPO (SUEPO) Committees are preparing a legal battle over unlawful and unjust measures taken collectively against hard-working (overworked during pandemic) members of staff; the European public should support them



  25. The Latest Anti-RMS Coup Attempt Targets the GNU Project (Because the FSF Coup Has Clearly Failed) by Infringing and Disregarding Trademark Conventions

    A fake "GNU" (not the original GNU, just riding the coattails of the name "GNU") is trying to find/gain traction and we must oppose it because it's an extension of the very same coup attempt (same plotters) that manufactured a whole bunch of libel to incite people and blackmail the Free Software Foundation (FSF)



  26. Links 16/4/2021: Mozilla Dumping FTP, Corporations Still Concern-Trolling FSF

    Links for the day



  27. The EFF Attacks Software Freedom and Promotes Fake Privacy Linked to Microsoft

    Only weeks after attacking Software Freedom (the ad hominem way, which is easier) the EFF endorses a Microsoft-linked privacy abuse, misframing it as some sort of privacy champion



  28. Richard Stallman on How Corporate Media Limits What People Are Allowed to Think and Say (Updated)

    What the founder of the FSF told yours truly a number of years ago about the behaviour of corporate (funded and controlled by corporations) media



  29. Exposing Hard Truths is the First Step or the Path Towards Justice

    A reflection and a moment taken to set aside tribalism (shallow differences based on allegiances of personal comfort), for we need look back at actual facts — however inconvenient at times — and consider the reality of the situation



  30. IRC Proceedings: Thursday, April 15, 2021

    IRC logs for Thursday, April 15, 2021


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

Recent Posts