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

01.19.13

New Fights Against Software Patents Around the World

Posted in America, Europe, Patents at 5:56 am by Dr. Roy Schestowitz

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Meanwhile, the patent has been revoked.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

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

2 Comments

  1. NotZed said,

    January 19, 2013 at 10:40 am

    Gravatar

    “It’s governments’ job to place boundaries and represent people, the digital majority”

    Haha ha ha. You neophyte. After all you write on this blog, how can you say such a thing with a straight face?

    It’s always the “governments” role to represent the landed gentry’s interests. Democracy is just propaganda – a plain and cruel joke – used to subjugate the proles. Anyway, software patents are now a “strategic interest” of the US government, and part of the national security agenda. Don’t expect any waffling lawyers to make any meaningful headway against that.

    Dr. Roy Schestowitz Reply:

    What I meant was, governments’ job *SHOULD BE* to place boundaries and represent people, the digital majority.

    Clearly this is not happening in most countries which call themselves democratic because elected officials are corruptible and they develop a sixth sense for life after office (how to monetise power).

What Else is New


  1. New EPO Caricature: Nouveaux Garde-Vélo (New Bicycle Guards)

    A new cartoon poking fun at Battistelli's bicycles and the perceived threat these are under



  2. Battistelli's 'Special Relationship' With Portugal and the 'Inventor of the Year' Charade

    What makes Portugal rather unique when it comes to Mr. Battistelli, who is allegedly desperate for support from smaller countries whose vote is easier to 'win'



  3. Patent Lawyers' Marketing Dominates and Marginalises Meaningful Analyses of Software Patenting in the US

    In an effort to create demand for software patents again, patent lawyers produce a huge heap of so-called 'analyses' which piggyback just one single decision (the exception, not the norm)



  4. A Mix of Patent Aggression and Sanctions/Raids (Using Controversial Patents) Against East Asian Companies

    New stories that demonstrate patent protectionism and show how Western industry, which barely makes anything anymore, relies on patents (software and design patents included) and this self-serving patent regime perpetuates itself even in Asia, where almost everything is actually being manufactured (and often/increasingly designed/developed too)



  5. Rumour: Battistelli Wants to Extend the Term of Topić's EPO Appointment in Spite of Criminal Charges Against Him

    The EPO's 'ringleader', Mr. Battistelli, is trying to keep his confidants (like Mr. Minnoye and Željko Topić) together for several more years to come, even defying rules regarding retirement age



  6. Links 29/5/2016: NetBSD 7.0.1, Genode OS 16.05

    Links for the day



  7. [ES] La Gerencia de la EPO Bajo Creciénte Estres por las Autoridades Legales Croatas, Políticas Alemanas, y los Medios Italianos

    Las cosas no son color rosa como la calma relativa sugiere, y esperamos en las próximas semanas mayores eventos otros que la protesta en todas las sedes de la EPO a través de Europa



  8. [ES] Los Medios de Comunicación Comienzan a Informar al Público Europeo Acercas de las Desventájas de la UPC Mientras que la EPO Acelera su Cabildeo por Ratificación

    La vergonzósa promoción de la UPC por parte de la EPO da otro paso adelánte mientras que venues de la prensa Europea (incluso canales de televisión) comienzan a explorar el arreglo secreto que es negociado por los abogados de patentes (con clientes corpórativos) y las oficinas de patentes, no el público o cualquier grupo que represente los intereses del público en general



  9. [ES] Algunos Detalles Acerca de ¿Cómo el Presidente de la EPO Es Rumoreado Estar Comprando Votos, y el Porqué es Suficientemente Base Para un Despido Inmediato?

    Algo de información tras las cortinas y una detallada explicación de la dependencia finánciera sistemática, creada por Battistelli a un costode €13 millónes o más, la cuál evita una efectiva supervisión de Battistelli



  10. Mishi Choudhary and Mike Masnick Explain Why India Should Reject Software Patents

    Both an Indian activist-lawyer and a widely-recognised author from the US explain to Indians why over-reliance on patents -- and acceptance of patents on software in particular -- is a very bad idea



  11. Microsoft Boosters Pretend Microsoft Fights for Privacy While the Company Uses Malware Tactics to Put Keyloggers on Everyone's Computers

    In spite of malware-inspired tactics that should land Microsoft in courts of law all around the world (as a defendant), Microsoft-friendly circles pretend that the company fights for people's rights like privacy -- all this when Microsoft installs keyloggers on people's PCs without their consent and obviously against their will



  12. Battistelli's Assault on EPO Staff's Right to Strike in Relation to French Politics and That 'Bicycle' Pretext for Crackdowns

    The latest bicycle 'gossip' and how it's being used, based on expectations from EPO staff, to introduce further crackdowns on human/labour rights



  13. Vice-President of the EPO Under Investigation: Treason, Abuse, Violations, Giving and Receiving Bribes

    An English translation of documents involving the Organised Crime Section of the Criminal Police Department in Zagreb, where the Vice-President of the EPO faces criminal charges



  14. EPO Management Warns People About Scams When the EPO's Management is Itself Falling for Scams

    Jesper Kongstad, the Chairman of the Administrative Council of the European Patent Organisation, helps demonstrate that not even the EPO is intelligent enough to spot an obvious scam



  15. Links 28/5/2016: Wine 1.9.11, New Gentoo

    Links for the day



  16. Links 27/5/2016: Android for Raspberry Pi, Google Beats Oracle in Court

    Links for the day



  17. Warning: EPO Surveillance May Have Just Gotten Even More Intrusive

    BlueCoat, which the EPO uses to enable oppression inside its European premises, has just gotten even nastier and staff may be at risk



  18. Victim Card Ends up in Another Blunder for Battistelli and His Six Bodyguards

    Battistelli is wrecking what's left of the EPO's reputation (after decades it took the Office to earn it) as the media continues to scrutinise his appalling regime



  19. Italian Report About EPO Now Available in English

    An English translation of a TV program which earlier this month documented some of the glaring problems at the EPO



  20. The EPO is Doing Great, Says EPO-Connected 'News' Site

    IAM 'magazine', a longtime ally of the EPO, gives people the impression that all is fine and dandy at the EPO even though that's clearly not the case



  21. Microsoft Has Killed Nokia (and Its Own Mobile Ambitions), But Watch What it Does With Patents

    Microsoft announces many more layoffs, having already caused tremendous damage to the Finnish economy, and patents are left astray for Microsoft's favourite patent trolls to pick



  22. EPO Management Under Growing Stress From Croatian Law Enforcement Authorities, German Politicians, Italian Media

    Things are not as rosy as the relative calm may suggest, and in the coming weeks we expect some major events other than the protest at all EPO sites across Europe



  23. Microsoft, a Dead Company Walking, Resorts to Malware Tactics, Now Truly Indistinguishable From Crackers

    Microsoft is essentially taking over people's PCs and installing on them a large piece of malware, complete with keyloggers, against the will of these PCs' owners



  24. Links 26/5/2016: CentOS Linux 6.8, Ansible 2.1

    Links for the day



  25. The Latest EPO Victim Card (Played by Željko Topić) Should be Treated as Seriously as Those Bogus Claims of Violence by a Judge (Updatedx3)

    In its desperate pursuit of a narrative wherein the staff of the EPO is violent and aggressive the management of the EPO, renowned for institutional aggression, finds (or claims to have found) a little tampering with a bicycle



  26. Links 25/5/2016: Nginx 1.11, F1 2015 Coming to GNU/Linux Tomorrow

    Links for the day



  27. The Media Starts Informing the European Public About the Downsides of UPC While EPO Accelerates Its Lobbying for Ratification

    The EPO's shameless UPC promotion takes another step forward as the European press outlets (even television channels) begin to explore the secret deal that's negotiated by patent lawyers (with corporate clients) and patent offices, not the public or any public interest groups



  28. Some Details About How the EPO's President is Rumoured to be 'Buying' Votes and Why It's Grounds/Basis for “Immediate Dismissal”

    Some background information and a detailed explanation of the systemic financial dependency, created by Battistelli at the cost of €13 million or more, which prevents effective oversight of Battistelli



  29. How the Patent Lawyers' Microcosm Continues to Boost Software Patents Filth by Misdirecting Readers, Relying on Highly Selective Coverage

    Under the guise of reporting/analysis/advice the community of patent lawyers is effectively lobbying to make software patents popular and widely-accepted again, based on one single case which they wish to make 'the' precedent



  30. Documents Show Zagreb Police Department in Investigation of Vice-President of the European Patent Office

    Željko Topić's troubles in Croatia, where he faces many criminal charges, may soon become an extraordinary burden for the EPO, which distances itself from it all mostly by attacking staff that 'dares' to bring up the subject


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