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

01.09.13

USPTO Antagonises Change, Apple Continues to Lean on Patents and Trademarks

Posted in Apple, Intellectual Monopoly, Patents at 6:57 am by Dr. Roy Schestowitz

Lawsuits map

Summary: Apple uses the protectionists’ office — a monopoly henhouse guarded by wolves — to ban competition at home and away

At the USPTO it's all about quantity (money or monopoly on words and ideas), so no plans of reform are sincere. The USPTO offers fake choice on the subject of software patents and a debate in Slashdot shows FOSS-oriented comments. The debates are rigged by design from the get-go. Now, some columnists downplay the view that software patents should just be dumped while others put out there the news about consultation from developers:

The world of software patents is a strange, confusing, inefficient place. There’s a pretty serious question as to whether or not software patents should really even exist. Now, the USPTO is making moves to at least step in a better direction by calling out to software developers anywhere and everywhere for advice on fixing the whole thing up.

The call for advice will take the form of two round table events in February, one in Silicon Valley, the other in New York City. Seats are limited but pretty much any developer can attend if they RSVP by email and include some credentials. The events will also be webcast, and any developers/spectators who can’t/don’t want to attend can also just send in written comments.

Remember that they are allowed to debate software patent “quality”, not abandonment. So the panel omits the view that many if not most developers hold. Here is another article:

The United States Patent and Trademark Office is seeking input from the software industry about the performance of the patent system. A pair of February “roundtable” events—one in Silicon Valley and the other in New York City—will give members of the public an opportunity to comment on how to improve the quality of “software-related patents.”

“Each roundtable event will provide a forum for an informal and interactive discussion of topics relating to patents that are particularly relevant to the software community,” according to a notice in the Federal Register. “While public attendees will have the opportunity to provide their individual input, group consensus advice will not be sought.”

How many people — if any — will speak for the view that software patents must all go away? Watch what patents are doing for Apple against Linux:

Apple was supposed to have won big in the suit against Samsung in a massive series of claims of patent infringement. This was the apparent result of a jury verdict last August in which there were charges of attorney misconduct, juror misconduct and trial errors before the ink was dry on the decision.

But a few weeks later, the U.S. Patent and Trademark Office (USPTO) invalidated one of the key patents that Apple used to win its case. This is the patent in which a menu or other screen item will bounce back if it’s scrolled past the end.

According to Wired, Tim O’Reilly, seemingly a software patents opposer who likes Apple, says about Apple that “They’re clearly on the wrong path. They file patent suits that claim that nobody else can make a device with multitouch. But they didn’t invent multitouch. They just pushed the ball forward and applied it to the phone. Now they want to say, “OK, we got value from someone else, but it stops now.” That attitude creates lockup in the industry. And I think Apple is going to lose its mojo precisely because they try to own too much.”

Apple’s patent strategy goes ahead and trademark confrontation too is at the core of this branding company:

A California judge says Apple can’t bring up false advertising claims against Amazon in a case between the two companies.

The problem is not trademarks per se but particular trademarks which go too far (broad, not narrow). With Kindle Fire, Amazon has become a major rival to Apple. It’s not just the digital stores. Apple continues to rely on monopolies in shoring up its badgeware. Apple’s main competition is Android/Linux now.

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

A Single Comment

  1. mcinsand said,

    January 9, 2013 at 9:45 am

    Gravatar

    Gaming a broken patent/trademark is really Apple’s only trick in their playbook. They make well-marketed products, but only the technologically-illiterate will look to Apple for innovation; those that want shiny but don’t know tech will stay with Apple, those that want to actually see something new will go elsewhere… maybe to the suppliers of products that Apple rebrands to avoid the delay of the middleman. In a market with freedom and choices, Apple doesn’t stand a chance of continuing to hold significant market share, which is why these patent/trademark games are so critical for them.

    Well, gaming a faulty ‘IP’ system is one of their tools, while the other is to continue illegal tying products of OS to hardware.

What Else is New


  1. Primer to the Crisis and Scandals at the European Patent Office (EPO)

    An introduction to the chaotic state of what used to be the world's leading patent office and quickly became Europe's biggest embarrassment



  2. Workers of the European Patent Office (EPO) Are Going on Strike Again, Almost 90% Voted in Favour

    Thousands of brave EPO employees chose to cast a vote and make it known that they are in favour of another strike



  3. Benoît Battistelli Has Lost the Election at the EPO

    FFPE candidates (or moles from the yellow union) failed to enter the Central Staff Committee in spite of Battistelli's attempt to help them get in



  4. Emerging Threat to Patent Reforms at the USPTO

    Our plan of returning to coverage of US patent affairs in the wake of powerful lobbies that pursue patent maximalism



  5. You Know That the Unitary Patent (UPC) is in Huge Peril When Its Biggest Fans Admit It's Unlikely to Happen Even Next Year

    The tactics of Team UPC turn ugly as they personally target anyone who stands in their way, even a professor/judge who is courageous enough to state the obvious



  6. More Than Six Human Casualties Under Battistelli at the EPO, But the Human Toll Can Become a Lot Worse

    The bigger or much broader picture detailing the high cost of autocracy and mental torture at the EPO, where lives are ruined not only when these are ended and some key buildings pose severe threat to a lot of workers



  7. EPO's Elodie Bergot Calls Staff Suicide Just 'Passing Away', Pretends to Care

    How the EPO continues to mislead if not lie to staff, even when staff commits suicide -- a growing problem for Team Battistelli, whom some insiders hold accountable for these deaths



  8. The Administrative Tribunal of ILO Will Deliver EPO Judgments in Six Days

    Despite its old age (nearly a century), ILO's tradition when it comes to enforcing the law is anything but sterling, yet one can hope that it will stop its unproductive cat-and-mouse game with the EPO, where compliance is rare and actual judgments (not deferrals/referrals) are even rarer



  9. Links 21/6/2017: Red Hat's Numbers Are Up, New Debian Being Studied

    Links for the day



  10. Another Suicide Reported at the EPO While the Paid-for Media Focuses on 'European Inventor Award' Charade

    Puff pieces for Benoît Battistelli published aplenty while the European media refuses to deal with the reality -- not paid-for illusions -- at the European Patent Office



  11. Links 20/6/2017: Chuwi Lapbook, Linux 4.12 RC6, Mesa 17.1.3

    Links for the day



  12. At the European Inventor Award Ceremony Benoît Battistelli Lied to a Lot of Scientists and “Media Partners” About the UPC

    The Liar in Chief, Benoît Battistelli, still lives in a fantasy world or simply lies intentionally, which would be worse



  13. Contact Details for the EPO's Administrative Council Delegations

    List of Heads of Delegation and their E-mail addresses (used to be public information before Benoît Battistelli's oppressive regime or coup)



  14. Don't Forget to Vote for EPO Strike This Week (Thursday)

    A reminder that there's a vote on a strike at the European Patent Office later this week, giving an opportunity to rebut the "vocal minority" myth which Benoît Battistelli likes to spread



  15. European Patent Office (EPO) Whistleblowing Guidelines: Motivation and Impact of Leaks

    Advice on when to leak and what to leak for the desired effect, which is reformatory (though transparency and accountability)



  16. Links 18/6/2017: New Debian Release, Catchup With a Lot of News

    Links for the day



  17. Appalling Press Coverage Regarding the Unitary Patent (UPC)

    How the media has lied (and keeps lying) about the UPC, which the European public neither needs nor wants, putting aside serious constitutional issues that are associated with the UPC



  18. The Writings on the Wall at the European Patent Office: Number of Directors May Soon Decline From 150 to Just 65-70

    Battistelli is seizing more direct and indirect control over the European Patent Office (EPO), which is supposed to eject him with a proposal for replacement already formally prepared for publication



  19. European Patent Office (EPO) Whistleblowing Guidelines

    The first part of a series which offers tips for sending us material/evidence, specifically from the European Patent Office (EPO)



  20. General Consultative Committee of the EPO Warns About Battistelli's Plans

    The General Consultative Committee (GCC) issues a long document (176 pages) which explains to the overseer of the Office how internal rule changes make things even worse



  21. Links 16/6/2017: New Atom Release, Firefox 55 Beta

    Links for the day



  22. Leaked: European Patent Office Still Uses Microsoft Windows XP... in 2017

    The EPO continues to rely on inherently insecure (by design) platforms and Mr. Kraft, Battistelli's CIO, bragged that the actions of the Office "prevented any damage to the EPO and its reputation"



  23. Unitary Patent (UPC) Will Start “Real Soon” Now... Said Team UPC For So Many Years

    The Unitary Patent or Unified Patent Court Agreement (UPCA) is going nowhere fast, but those who spent time and money promoting it for self gain continue to lie to the press with overly optimistic predictions, unrealistic timelines, and Kool-Aid about the supposed 'benefits' of the Unified Patent Court (UPC)



  24. EPO Management Wastes Millions of Euros on a Silly, Gratuitous, Self-Serving Festival While EPO Staff is Planning Another Strike

    Unrest at the European Patent Office (EPO) is growing again, with plans of a strike resulting in a formal vote for a strike next week



  25. Links 15/6/2017: Mir 0.26.3, FreeNAS 11.0

    Links for the day



  26. Software Patents in Europe Are Still Promoted by the EPO, Even in Defiance of the Ban

    The European Patent Office continues to ignore the directive on the patentability of computer-implemented inventions, which had software patents disallowed with an overwhelming majority of 648 to 14 votes at the European Parliament



  27. Leaked: Job Advertisement for Removing Battistelli From the European Patent Office

    In spite of rumours that Benoît Battistelli would pursue elongation of his term, in clear defiance of the rules (again), paperwork is being put forth to replace him



  28. Links 14/6/2017: New BlackArch Linux ISO and Q4OS 1.8.6, Orion

    Links for the day



  29. Even UPC Proponents, Paid by the EPO's PR Firm, Admit That UPC May Never Happen

    Speculations are being floated regarding the cause of the impasse, which is going to result in a very long period of uncertainty and possibly the collapse of the Unified Patent Court (UPC) as it was envisioned by Michel Barnier, Benoît Battistelli and other opportunists



  30. Caricature: Balance of Justice at the European Patent Office

    Balance of justice under Battistelli's regime isn't quite what the Office wants the public and the Dutch authorities to believe


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