Bonum Certa Men Certa

New Fights Against Software Patents Around the World



Summary: A roundup of patent news from Europe, the US, and some other places which suddenly let software patents be

Hartmut Pilch, the habitually-involved founder of the FFII, writes in his blog about the group's latest action which strives to tackle software patents in Europe one patent at a time, as a matter of making a point or precedence perhaps.



Meanwhile, the patent has been revoked. The Opposition Division revoked it for the second time. In 2007 it had already revoked this patent, which had been granted in 2003 and filed in 1998. However the Technical Board of Appeal (TBA) revived the patent and remitted it to the Opposition Division, alleging that the Opposition Division had failed to prove that the feature of simplification to a “single action” (one click) was not novel. In today’s hearing, the Opposition Division considered this feature novel. Moreover it also considered novel the process of ordering a gift for a friend without fully disclosing his address. However the Opposition Division doubted, whether the combination of these two features could be considered an “inventive step”.


Defining what makes a software patent is a legitimate debate, unlike what makes "good" software patents. Amazon is doing badly based on grounds of triviality, prior art, and lack of software patenting in the case of Europe. It ought to make this patent quite easy a target for the FFII.

Meanwhile in the United States, the USPTO enjoys protections from corporations and government (virtually the same under corporocracy) and one notable lawyer who is a product of this system advocates yet more patent monopolies, saying that "Patents Boost American Prosperity" (maybe for lawyers). The idea that academia, for instance, would stop innovating if no patents were offered is totally ridiculous. Masnick's Web site is dismantling the arguments one by one, concluding:

Yes, we agree that innovation holds the key to future prosperity. The problem is that there is no evidence that the patent system actually increases that innovation, and a ridiculous amount of evidence that it does exactly the opposite. It retards innovation, diverting money from actual innovations that hit the market, to lawyers. The costs associated with the patent system far outweigh any benefits. Could you craft a functioning patent system? Perhaps, but today's system is not it, and if Judge Michel ever spent time with actual innovators who were the victims of patent trolling, he might learn something. But, you know, that would offend his patent lawyer and patent troll buddies.
More patents boosters, again in the form of patent lawyers, debate the scope of patents:

The chart above shows the percentage of published non-provisional patent applications that include the term "means for" at least once in the claimset. Although not the only way of doing so, "means for" is traditionally used by patent attorneys to invoke the doctrine known as means-plus-function claiming allowed under 35 U.S.C. 112p6. [Soon to be renumbered 35 U.S.C. 112(f)]. As the chart shows, the percentage of applications that include at least one means-plus-function term is well under 10% and seemingly in continued decline. A decade ago, about 1/4 of all applications included this type of claim.


At the legal site Groklaw, Pamela Jones responds with: "So topic one the USPTO asks us to address covers "well under 10%" of the applications for patents. Of course."

Well, the USPTO likes to focus on rigged debates which hardly address the real questions, as we have explained before. Those are easy to find. It's either a stacked panel, a push polling-like tactic (dancing around distraction and disinformation), or both.

We are rather troubled to see patents on software getting granted in countries that fought them: South Africa, Israel, and New Zealand. See this press release:

Publishing Data Management announced today that five international patents have been granted for the software engine that drives ProofPlus, its trademarked Financial Compliance and Electronic Document system. Patents have been issued in Israel, Russia, New Zealand, Singapore and South Africa and are pending in China, Europe and additional countries. This announcement underscores the significant commitment a company must undertake to protect its inventive efforts in today's global marketplace.


Europe is not a "country" actually, not even with the unitary patent [1, 2]. Either way, let us hope that multinationals' pressure (clients of patents lawyers) to make software patentable won't spread outside of the United States where, in my humble opinion, corporations already have far too much power over the authorities. Imperialism by corporations never-endingly strives to expand for increased profit. It's governments' job to place boundaries and represent people, the digital majority

Corporocracy map



"Geeks like to think that they can ignore politics, you can leave politics alone, but politics won't leave you alone."

--Richard Stallman

Comments

Recent Techrights' Posts

The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
 
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It It Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026