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

12.15.12

USPTO Continues to Fail Where India is Succeeding

Posted in America, Asia, Patents at 12:07 pm by Dr. Roy Schestowitz

Software patents protest in India

Summary: India enjoys abundance, whereas the US lets corporations create scarcity that kills people and also suppresses startups

A new post from a startup person, not a lawyer pretending to represent startups, explains why software patents are a “nightmare”. This is becoming a trend; in fact, whenever it’s a non-lawyer writing on the subject the outcome is the same.

In a video we posted very recently about Apple patents that can make one cringe it is easy to see where USPTO failed. Masnick shares such videos:

We’re hearing more and more talk about how broken the patent system is, and recently came across a pair of videos we figured some of you might enjoy. The first is a comedic riff on Apple’s recent page turn design patent, leading Ron Charles to post an amusing video of how Apple might explain its patenting of “letters”

These had an impact on other influential sites in the US. They are turning against their patent system.

Masnick’s American site watches with envy what India is doing:

Getting rid of the first modern drug patent in this way neatly symbolizes the country’s aggressive new attitude to Western-held monopolies on medicines. It’s interesting that in this case the opposition came not from the Indian government, but from Sankalp Rehabilitation Trust, a non-governmental organization, which hopes to source the drug from a manufacturer of generics cheaply enough to be able to give it away for free. This may well inspire post-grant opposition from other organizations seeking to provide cheaper drugs to the sick in India through the use of generic versions.

My mother revealed to me last week that those generics give India a huge advantage and distribution worldwide is only impeded by draconian patent laws (barring import), which are artificial barriers or protectionism.

Patent-hostile site IP Watch also covered it:

India last week saw a landmark public health decision on the evolving role of intellectual property rights in the context of the public interest.

The country’s Intellectual Property Appellate Board (IPAB) revoked a patent granted in India to F. Hoffmann-La Roche AG (Roche) for pegylated interferon alfa-2a (Pegasys), a medicine used to treat Hepatitis C.

Attempts to push software patents into India were made some years ago, but the population there seems to be sufficiently informed and eager to fight back against multinationals. No wonder India is booming. Even software development goes there. When did we last hear about patent trolls or even patent lawsuits involving software in India? In Europe, the situation has not been too bad, either, but Richard Stallman warned about 7 years ago that letting software be patented in Europe would give advantage to patent aggressors outside of Europe. So-called ‘free trade agreements’ (or similar treaties) try to globalise patent regime (i.e. extend scope of monopoly). Passage of those relies on keeping the population in the dark because that’s a disgrace which is only good for multinational corporations.

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. Links 27/8/2016: Torvalds and GPL, “DOD Must Embrace Open-Source Software”

    Links for the day



  2. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  3. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  4. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  5. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  6. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  7. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  8. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  9. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  10. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  11. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  12. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  13. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  14. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  15. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  16. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  17. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  18. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  19. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  20. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  21. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  22. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  23. Links 20/8/2016: Android Domination, FSFE summit 2016

    Links for the day



  24. Patents Roundup: Trolls Dominate Litigation, PTAB Crushes Patents, Patent Box Regime Persists, and OIN Explains Itself

    Another roundup of patent news from around the Web with special focus on software patenting



  25. The Cost/Toll of the 'New' EPO and Where All That Money Goes or Comes From

    The European Patent Office has become a servant of the rich and powerful (including large foreign corporations) and even its own employees now pay the price associated with misguided new policies (or 'reforms' as Battistelli habitually refers to these)



  26. Links 19/8/2016: Linux Mint With KDE, Linux Foundation's PNDA

    Links for the day



  27. The End of an Era at the USPTO as Battistelli-Like (EPO) Granting Policies Are Over

    The United States is seeing the potency of patents -- especially software patents (which make up much of the country's troll cases) -- challenged by courts and by the Patent Trial and Appeal Board (PTAB)



  28. Battistelli's European Patent Office Goes to the United States to Speak About the UPC and Software Patents

    The European Patent Office is showing its utter contempt -- not just disregard -- for the very fundamental rules that put it in its place and brought it into existence



  29. Turkey Subjected to the European Patent Convention (EPC) But Benoît Battistelli is Not?

    The ‘constitutional crisis’ at the European Patent Office in the context of Turkey, which has signed "the EPC and as such recognises the competence and the decisions of the institutions which have been introduced in the convention."



  30. Links 18/8/2016: EFF Slams Vista 10, Linux Foundation Makes PNDA

    Links for the day


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