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

12.31.12

USPTO is Broken, Evidence is Abundant

Posted in America, Patents at 4:41 am by Dr. Roy Schestowitz

Tired USPTO eagle

USPTOSummary: Some new stories which show what a sordid mess the US patent system became over the decades

In the US, “even lawyers think patent system is broken,” writes Glyn Moody regarding this article from Groklaw. We wrote a lot about the USPTO (headed by a former manager at a software patents booster*) and so did Timothy B. Lee, who identifies more pertinent parts of the problem. To quote:

People have radically different views of the patent system. Critics see it as an unmitigated disaster, while many in the patent bar don’t understand what all the fuss is about. But it’s rare for prominent advocates of these contrasting perspectives to engage each other directly.

But that happened on Wednesday in a teleconference debate hosted by the Federalist Society. Defending the status quo was Judge Paul Michel. Until 2010, Michel was the chief judge of the Federal Circuit Court of Appeals, a post that made him the nation’s top patent judge. He debated Judge Richard Posner, a Chicago-area appeals court judge who threw out a patent lawsuit between Apple and Motorola earlier this year, complaining that the patent system had descended into “chaos.”

The other day we wrote about the EFF’s latest endeavour against the US patent system (it worries about innovation) — an important effort that got backing from rich people, as covered in FOSS blogs too:

If you happen to be familiar with billionaire Mark Cuban’s famous blog, then you’ve probably listened to his pontifications about the broken U.S. patent system many times. Now, Cuban, along with game developer Markus “Notch” Persson, is putting his money where his mouth is. The Electronic Frontier Foundation (EFF) has announced a half-million dollar donation from Cuban and Persson to boost the foundation’s efforts to reform the patent system. The donation also creates a newly named position at the foundation: “The Mark Cuban Chair to Eliminate Stupid Patents.”

Here is more on that [1, 2, 3, 4, 5, 6, 7, 8]. Reports were numerous.

Over at Wired, the stacked panel continues this Xmas, this time with an Assistant Professor of Law. The lawyers and career law professors don't offer solutions which make lawyers obsolete. It’s lawsuits like this new one which give them business at the expense of those who have real products. To quote: “Netflix has been hit by a patent infringement lawsuit by Open TV, now a subsidiary of Nagra, the Switzerland-based conditional access company, part of the Kudelski Group. It has not said what the patents are, but the filings at the US District Court for the District of Delaware show that they are all software patents.”

How about this new $1.17 billion patent lawsuit? Guess who the cost is transferred to? This is yet another instrument for passing wealth from the vast majority to the oppressive rich minority.

What “law” people suggest is not enough. It’s not enough to stop patent trolls, either. We need to end all software patents, everywhere. We need to name those who stand in our way.
___
* IBM typically tries to hide it by keeping rather silent. Bloggers seem surprised by IBM’s position and Pogson writes: “They proceed from begging the question to blatant error in logic. I hope this is just the vomit of one of their lawyers and not the philosophy of the corporation… otherwise, IBM is doomed to sue and be sued forever.” This is not the correct assessment. IBM uses software patents to empower the cartel it leads, allowing it to sell artificially overpriced products. When it comes to patent policy, IBM is our enemy.

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 15/12/2019: Wine 5.0 RC1 Released, KDE Frameworks 5.65.0, Qubes OS 4.0.2 RC3

    Links for the day



  2. It Matters a Lot What You Call the System

    Why the best name for the best operating system would be "GNU", not "Linux" (media has twisted the words so as to marginalise GNU and its politics/philosophy)



  3. Only the EPO Goes as Far as Bribing Publishers (the Media) to Promote Software Patents and Publish Fictional Stories

    The world’s patent offices are growing tired of granting software patents which courts later toss out (because these patents are not valid); not only does the EPO advocate such patents — typically using a bundle of buzzwords — it’s also bribing the media to help



  4. EU Needs to Show That It Cares About SMEs and Not 'European Champions' That Are Actually Foreign Monopolies

    Judging by the EU’s nearly blind and unconditional support for the management of the EPO — no matter how abusive and corrupt it has gotten — one has to wonder if the ex-EU official in charge of the EPO reveals a profound democracy deficit as well as growing dangers to Europe’s businesses — the productive firms to which patent maximalism often represents far more risk than opportunity



  5. Guest Article: The Free Software Movement Should Come Out From the Box

    "From now onwards we have to think from a user’s rights perspective and mobilise users of Free software. They should know what rights they ought to get."



  6. IRC Proceedings: Friday, December 13, 2019

    IRC logs for Friday, December 13, 2019



  7. Links 13/12/2019: QEMU 4.2.0, GNU Guile 2.9.7

    Links for the day



  8. Links 13/12/2019: Zorin OS 15.1, Vim 8.2

    Links for the day



  9. Linux Foundation Has Outsourced All the Licence Compliance Stuff to Microsoft, a Serial GPL Violator

    OpenChain Specification/OpenChain Project and Automated Compliance Tooling (ACT) are yet more examples -- the latest of many -- of the Linux Foundation being outsourced to Microsoft, not only for code but also documentation and hosting



  10. IRC Proceedings: Thursday, December 12, 2019

    IRC logs for Thursday, December 12, 2019



  11. Copyleft: Keeping Code Free

    Now that news about "Linux" is dominated by promotion of proprietary software we ought to remember what perpetrators of such a strategy seek to eliminate



  12. Plans That Worked, Plans That Failed

    "I am still looking for good news, but the more good I try to find, the more nastiness I uncover. This is by far, Free software's worst year ever. 2019 Sucks!"



  13. Links 12/12/2019: KDE Applications 19.12, Qt Creator 4.11, New VirtualBox

    Links for the day



  14. Brand Dilution in Action

    Microsoft's proprietary software which spies on people and businesses is getting a "free ride" on the "Linux" brand; and nobody seems to care, nobody seems to notice how perverse that it



  15. At the EPO Money -- Not Quality -- is King

    Financiers are ruining quality



  16. The EPO's Strategic Failure 2023

    Potemkin social dialogue



  17. IRC Proceedings: Wednesday, December 11, 2019

    IRC logs for Wednesday, December 11, 2019



  18. EPO Promoting Software Patents in Countries Where These Are Illegal

    The EPO's vision of 'unitary' software patents (patents on algorithms in countries that disallow such patents, as per their national laws) won't materialise, but in the meantime a lot of Invalid Patents (IPs) are granted in the form of European Patents (EPs) and this is wrong



  19. We Support GNU and the FSF But Remain Sceptical and Occasionally Worry About an RMS-less FSF

    Richard Stallman (RMS) is not in charge of the FSF anymore (it's Stallman who created the FSF) and there's risk the decisions will be made by people who don't share Stallman's ethics or the FSF's spirit



  20. Links 11/12/2019: Huawei Lobbied by Microsoft (Because of GNU/Linux) and Microsoft Still Googlebombs Linux to Promote 'Teams'

    Links for the day



  21. Links 11/12/2019: Edge Native Working Group, CrossOver 19.0 Released

    Links for the day



  22. Instead of Fixing Bug #1 Canonical/Ubuntu Contributes to Making the Bug Even More Severe (WSL/EEE)

    Following one seminal report about Canonical financially contributing to Microsoft's EEE efforts — celebrated openly by GNU/Linux opponentsclosing bug #1 Ubuntu basically decided not that it was fixed but that it would no longer attempt to fix it (“wontfix”)



  23. IRC Proceedings: Tuesday, December 10, 2019

    IRC logs for Tuesday, December 10, 2019



  24. Today's Example of Microsoft's Faked 'Love'

    “On 7 September 2017, users began noticing a message that stated “Skype for Business is now Microsoft Teams”. This was confirmed on 25 September 2017, at Microsoft’s annual Ignite conference,” according to Wikipedia



  25. Links 10/12/2019: Kubernetes 1.17, Debian Init Systems GR

    Links for the day



  26. 'Cancel Culture' as 'Thoughtpolice' Creep

    Richard Stallman spoke about an important aspect of censorship more than 2 decades ago (before “Open Source” even existed); it was published in Datamation (“Censoring My Software”) 23 years before a campaign of defamation on the Internet was used to remove him from MIT and FSF (censoring or ‘canceling’ Stallman himself)



  27. Microsoft Still Hates GNU/Linux and Mark Shuttleworth Knows It (But He is Desperate for Money)

    We're supposed to believe that a PR or image management (reputation laundering) campaign alone can turn Microsoft from GNU/Linux foe into friend/ally



  28. Actions Against EPO Corruption and Unitary Patent (UPC) Injustice/Lobbying

    The EPO is apparently going on strike again and an action against the UPC is scheduled for later this week (protest in Brussels)



  29. “The Fifth Freedom as a Meme”

    The issue with systemd (or SystemD) has provoked or at least stimulated discussions about the limits of the famous Four Freedoms



  30. IRC Proceedings: Monday, December 09, 2019

    IRC logs for Monday, December 09, 2019


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