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

01.06.13

USPTO Denies the Option of Eliminating Software Patents and Other Controversial Patents

Posted in America, Patents at 8:14 am by Dr. Roy Schestowitz

Java logo

Summary: Fake choice offered by the USPTO in another meaningless public consultation

The farcical USPTO deals with “swpat [shorthand for software patents] and functional claims,” says one FFII person about this USPTO hearing. Henrion, the FFII’s president, says in response that the “USPTO already set the agenda here, substantive patent law is off topic.” He is right.

As we noted the other day, quantity over quality is the implicit motto at the Office. They get more money for lowering the bar. So many comments were posted regarding reports like this one, probably in vain (the USPTO is an echo chamber, with strong resistance to facts and public will):

In an announcement yesterday in the Federal Register the US Patent and Trademark Office invited the public to participate in a “software partnership” next month to “enhance the quality of software-related patents.”

Their very existence is a problem, not their “quality”. Neil McAllister, who now writes for the British press, says that “US Patent Office seeks public input on software patents’ future”. To quote the body of his article: “The agency says it would like input from software developers and the public as to what level of detail and specificity should be required in a software patent application to meet the definition of a “quality” patent – that is, one that clearly states what is covered.”

“This is a good example of rigged debates, where the option of banning software patents does not even exist (akin to Republicans vs. Democrats debates where the important issues are totally off the table).”This is a good example of rigged debates, where the option of banning software patents does not even exist (akin to Republicans vs. Democrats debates where the important issues are totally off the table). Pamela Jones wrote about this too. Yes, legal folks too realise this and regarding a piece from Julie Samuels (at a pro-patents site), Pamela Jones writes: “This is very sensible except for one thing, and it’s like a pimple on the nose. Algorithms are mathematics. Period. Mathematics are not supposed to be patentable subject matter. Thus, this suggestion works against helping the courts to understand that simple and unchangeable truth, dividing the question instead into “good” patentable mathematics versus “bad” and unpatentable mathematics. And over time, you will regret endorsing patentable math.”

Here is a US company arguing against the notion that abstract ideas and principles should be patentable:

San Francisco online real estate company Trulia has filed its initial response to Zillow’s patent lawsuit, arguing that the case should be dismissed because the business method in question — Zillow’s online home valuation tool known as the Zestimate — is not patentable.

How about design and shape patents as they are described in here:

Stockton says design patents also pack more of a damages punch than regular patents because, if they are infringed, a court must award damages based on the value of the whole invention — not just a patented feature.

It looks like sooner or later companies and people will rebel against the USPTO, whose main function became to serve trolls, lawyers, and monopolists (multinationals). Remember the rounded rectangles which Apple claims to ‘own’? How does monopolising it improve anything? Appearance should not be patentable. Sometimes even the multinationals suffer (turf wars), as seen here in the news:

While lots of folks have been declaring the 3D movie obsession dead for a while now, the studios still love 3D movies. In this age where they’re looking for ways to create formulaic premium experiences that get people to go out to the theaters, they seem to have jumped on the 3D bandwagon full force. Of course, as with all things Hollywood embraces too strongly, that’s now leading to backlash, mainly because rather than do it well and where it makes sense, the big studios are basically just looking to add 3D to whatever they can and hope people will pay the premium. It’s a short term strategy, but Hollywood execs aren’t exactly known for their long term outlooks.

…Or even the benefit to the public. The bottom line is, patents make society far worse off.

Linus Torvalds once said: “People disagree with me. I just ignore them.” Patent lawyers, including the USPTO, are pretty much the same. So it’s time to get more assertive in fighting them. They’re not listening anyway. They deflect criticism using various means and PR instruments; the latest hearing is one such instrument.

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. IRC Proceedings: Monday, January 27, 2020

    IRC logs for Monday, January 27, 2020



  2. Links 27/1/2020: Linux 5.5 is Out, Work on Linux 5.6 Commences, New Solus and Award for Andrew Tridgell

    Links for the day



  3. EPO: Goodbye to the Rule of Law and Hey Hi, AI!

    The EPO’s embrace of buzzwords — no longer a unique EPO strategy (it has already spread elsewhere) — puts examiners in a very bad position and they’re grappling with nerve- and mind-racking dilemmas (risk of unemployment for truly upholding the EPC)



  4. IRC Proceedings: Sunday, January 26, 2020

    IRC logs for Sunday, January 26, 2020



  5. Links 26/1/2020: MuseScore 3.4 Released, New Kate Icon and Solus 4.1 Fortitude Available

    Links for the day



  6. MIT and Microsoft Have Done Nothing to Actually Tackle Pedophilia and Ephebophilia

    MIT never actually resolved the issue that caused Joi Ito, Richard Stallman and others to be ejected; Microsoft meanwhile continues to profit from life-changing abuse (while seeding puff pieces in friendly media, just to pretend otherwise)



  7. Opinion: If You Advocate Population Control and You Are Yourself Doubling in One Single Generation, Then You Might be Hypocritical

    People with 3-5 children (each) tell us that the world has an overpopulation problem; while the growth of the population certainly poses a risk, these people lack the moral authority to lecture us about that (unless they adopt a eugenicist worldview, wherein only particular people are permitted to reproduce)



  8. IRC Proceedings: Saturday, January 25, 2020

    IRC logs for Saturday, January 25, 2020



  9. Nothing Has Truly Changed Since Netscape and Antitrust

    The same old crimes persist, as well as the blatantly anticompetitive behaviour



  10. When the Monopolists and the Patent Litigation Industry Hijack the News They Control the Narrative

    Money buys perception and litigation firms have certainly 'bought' the media coverage, which fails to convey the issue at stake and instead paints a rational court decision as tragedy for "innovation" (by "innovation" they mean monopolies on nature and on life)



  11. Links 25/1/2020: OPNsense 20.1 RC1 and DXVK 1.5.2

    Links for the day



  12. The Linux Kernel is No Longer Free Software?

    Gardiner Bryant, the creator of The Linux Gamer as well as The Off Topical Podcast, reacts to our articles about DRM in Linux (he even pronounced my name correctly)



  13. Sometimes Proprietary Software is Proprietary (Secret) Simply Because It is Not Good and Obfuscation Helps Hide Just How Ugly It Is

    Why nonfree (or proprietary) software generally fails to catch up with Free/libre software — at least on technical grounds — and then makes up for it with marketing and FUD offensives (discrediting perfectly-functioning things, based on their perceived cost)



  14. IRC Proceedings: Friday, January 24, 2020

    IRC logs for Friday, January 24, 2020



  15. Links 24/1/2020: GNU/Linux in Russia and More New Openings

    Links for the day



  16. When EPO Press Coverage Boils Down to Lobbying, Press Releases, EPO Lies, and Bribery

    Any attempts to properly assess and explain what happens in Europe's patent landscape are being drowned out by EPO-bribed and law firms-connected media; to make matters worse, the EPO's bribes have expanded to academia, so even scholarly work in this domain is corrupted by money of special interest groups



  17. IRC Proceedings: Thursday, January 23, 2020

    IRC logs for Thursday, January 23, 2020



  18. Links 23/1/2020: Qubes OS 4.0.3, EasyOS 2.2.5, GhostBSD 20.01

    Links for the day



  19. Passion of the Microsoft

    A rough timeline of Microsoft’s interactions with Linux and the Linux Foundation since 2015



  20. The Patent Microcosm is Really Panicking as European Patents on Life and Other Spurious Junk (Invalid Patents) Are Successfully Rejected

    European Patents (EPs) may be revoked en masse if what we're seeing is the gradual emergence of 'European Mayo' (and maybe soon 'European Alice')



  21. Distractions From Microsoft's Gigantic Tax Evasion and Contribution to Denial of Climate Science

    Microsoft (connected to oil companies) wants us to think of it as a "green" company; not only does it contribute to climate denial but it also evades tax, which is a serious crime that costs tens of billions of dollars (the public pays this money instead)



  22. Confirmation: System1/Startpage Offered Pay to People Who Pushed for (Re)Listing in Privacy Directories

    The debate is now settled; those arguing in favour of listing Startpage as privacy-respecting are in fact secretly 'compensated' by Startpage (in other words, they're Startpage 'shills')



  23. Vandana Shiva: “Bill Gates is Continuing the Work of Monsanto”

    A recent interview on what Bill Gates is really up to in that sham ‘charity’ of his



  24. IRC Proceedings: Wednesday, January 22, 2020

    IRC logs for Wednesday, January 22, 2020



  25. Extending Linux With DRM, Azure and exFAT

    An insufficiently 'conservative' Linux ceases to be freedom-respecting



  26. Linux Foundation (LF) Now Dominated by Lots of Microsoft People and LF Chiefs Join Microsoft in Smearing GPL/Copyleft

    We continue to see additional evidence which serves towards reinforcing our view that the so-called 'Linux' Foundation is actually hostile towards many things that are associated with Linux (unlike those looking to exploit/hijack Linux for proprietary ends)



  27. Links 22/1/2020: Wayland 1.18 Alpha, ODF 1.3 Approved

    Links for the day



  28. IRC Proceedings: Tuesday, January 21, 2020

    IRC logs for Tuesday, January 21, 2020



  29. Poor Excuses for Granting Poor (and Often Illegal/Invalid) Patents

    A quick look at some of the latest examples of software patents advocacy (not by actual software professionals, obviously) and why it's deeply misguided (or guided solely by greedy law firms)



  30. A Simple Plan For a Universal Free Software Community

    "For software to be free as in freedom, we need more people to care personally about software freedom."


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