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

02.05.13

USPTO Shows That It Wants to Go Global

Posted in America, Patents at 4:08 pm by Dr. Roy Schestowitz

Protectionists’ imperialism

Napoleon in His Study

Summary: Unitary patent and the ever-increasing patent imperialism noted while the US patent system announces intention to coerce countries overseas

B

logs of patent lawyers celebrate patents, but they are not alone; plutocrat press Bloomberg, which has been promoting “intellectual property” nonsense for quite some time (we called it out on it many times), has an entire blog with 4 people currently dedicated to advancing software patents, with people like this guy calling himself “an inventor listed on seven U.S. patents.” Bloomberg makes it more apparent what it stands for. It’s for corporations, not people. Globalists want multinationals to have unlimited powers without borders.

Over in New Zealand, which experienced US lobbying similar to what we had experienced in the EU, a patent profiteer from AJ Park [1, 2, 3, 4, 5] says that “Pitney Bowes denied printing patent”. To quote: “The Examiner considered this a close case as merely printing something in general is insignificant post solution activity. Ignoring the printing aspect leaves you with only an abstract idea which is not patentable.

“Pitney Bowes argued that these claims are directed to more than an abstract idea. These claims automatically select an advertisement and then actually print that advertisement on a mail piece.

“The Board agreed with Pitney Bowes that the whole invention is automatically putting the appropriate advertisement on an actual mail piece. In this context, the Board found this to be more than an abstract concept and hence patentable subject matter.”

But lawyers in NZ, like this writer’s employer, lobby to make abstract ideas patentable in NZ. This risks spreading patent trolls from the United States, as one writer in NZ warns:

Incentives to troll the system are also likely to be high. Many software companies when hit with a lawsuit are likely to settle out of court in order to avoid legal costs and the negative publicity/share price impacts associated with a legal bun-fight. Given the money likely to be involved, it is possible that many arcane yet widely significant aspects of application coding could be patented with a view to making a fast buck.

Once again the long term loser is New Zealand whilst multinationals grow fat at our expense.

We’ve all seen the insanity that is the US patent system, and how it led to those shameful Apple VS. Samsung courtroom brawls. The big question is how badly do we want something similar for New Zealand?

There are trolls too, hitting both Android and iOS (Samsung and Apple), the most dominant mobile operating systems. Owing to free and open sharing, my Android application was recently picked up by another British developer (my application is Free software) who wants to try to port it to iOS. But with more Lodsys lawsuits, as shown here, even application developers are not safe anymore. Companies like Lodsys go after the small developers too. Some European companies already got hit by these trolls, barring them from distribution in the US (which in the case of global app stores may mean overall ban).

Groklaw takes note of a”Notice of Public Hearing USPTO: Asks for Comments on International Harmonization of Patent Law” and this reminds us of Cablegate lessons on global patent system, as covered here many times before. Here it is:

Notice of Public Hearing and Request for Comments on Matters Related to the Harmonization of Substantive Patent Law

The United States Patent and Trademark Office (USPTO) is seeking stakeholder input on certain matters relating to international harmonization of substantive patent law, in particular, information and views on: (1) The grace period; (2) publication of applications; (3) the treatment of conflicting applications and (4) prior user rights. To assist in gathering this information, the USPTO is holding a public hearing at which interested members of the public are invited to testify on the issues outlined above. In addition, interested members of the public are encouraged to complete an electronic questionnaire relating to the above-identified issues. Separate written comments may be provided through electronic mail, though completion of the questionnaire is strongly preferred in lieu of separate comments. Additional details may be found in the supplementary information section of this notice.

So basically the US wants to do to the world what Brussels did to Europe. The FSFE expresses concerns about what the unitary patent can do to Europe in its latest newsletter. It’s the top issue:

We want software as a tool to help society. Software patents are a threat to this as they add legal and financial risks to software development and distribution by giving the patent holders legal power to completely prohibit software developers from using patented ideas.

In December the European Parliament has adopted a proposal to create a patent with unitary effect for Europe (henceforth the “unitary patent”). In adopting the proposal, Members of the European Parliament (MEPs) chose to disregard intense criticism of the proposal from all sides of the debate. Already before the vote patent lawyers, legal experts, SMEs and civil society groups such as FFII as well as FSFE all voiced their concerns to MEPs. With the adoption, the European Parliament has given up part of its power to shape Europe’s innovation policy. That power will instead fall to the European Patent Office (EPO), which has a track record of awarding monopoly powers on the widest possible range of subject matter.

According to the European Parliament’s website, “the international agreement creating a unified patent court will enter into force on 1 January 2014 or after thirteen contracting states ratify it, provided that UK, France and Germany are among them. With your ongoing help, FSFE will continue to inform companies and politicians about the danger of software patents.

The FSFE’s head very recently noted that “Amazon patents trade in “used” digital objects http://ur1.ca/cpaq3 The next one-click?” Amazon is hostile towards GNU/Linux 1, 2, 3] (at last as a free platform) and it also pushed its software patents into Europe.

The next stage is for the USPTO to merge in a sense with the EPO, making a patent globalisation that Microsoft lobbied for out in the open. We must oppose it like many opposed ACTA in Europe. Judging by passage for the unitary patent, we are not strong enough yet.

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. Sharp Drop in Microsoft Patents, But Not in Patent Assaults, Coordinated Attacks on Android/Linux, and Googlebombing

    Using patent blackmail (antithetical to the original goal of patents) and other forms of blackmail, Microsoft is desperately trying to crush GNU/Linux and Android, all while Windows 'sales' fall and investors lose confidence



  2. EPO Reluctantly (and Privately) Confirms Giving Public Money for Military-connected 'Control Risks' to Spy on Journalists and Their Sources While Techrights is Under Fresh DDOS Attacks

    The EPO President -- or anyone who is referred to as 'appointing authority' -- finds himself even deeper in a scandal as he silently attacks the very same people whom he pretends to negotiate with by contracting spies from London (to maliciously target British journalists)



  3. Links 1/6/2015: wattOS R9, Tanglu 3

    Links for the day



  4. Supreme Failure: With SCOTUS Approval of Patent Trolls and a Push by Justice Department to Reinforce Copyright on APIs (at SCOTUS Level) the Future Looks Gloomy

    The patent system goes wild in terms of scope, the nature of the plaintiff (merely purchasing patents), and the extension of patents to monopolies on named APIs (by virtue of deranged interpretation of copyright law)



  5. McAfee Associates Free Software and Anonymity With Crime

    Insecurity firm McAfee, whose record on Free software is appalling (it is Windows-centric for its business), continues years of tradition by slinging mud at Tor



  6. The EPO Still Wastes Public Money on Publicity Stunts and 'Reputation Management' Campaigns

    The European Patent Office (EPO) is misusing public funds to manufacture self-congratulatory publicity for itself whilst attacking those who write negative commentary



  7. The Lessons of Stuxnet: Never Use Microsoft Windows

    Windows is sufficiently 'NSA-compatible' for remote compromise and physical damage (sabotage) to highly sensitive, high-risk equipment



  8. Links 30/5/2015: Wine 1.7.44, Berry Linux 1.20

    Links for the day



  9. White House Intervention Harms Android and Every Software Developer on the Planet

    US Solicitor General Donald Verrilli urges the Supreme Court (SCOTUS) to let APIs be covered by copyrights, rendering almost every program a potential copyright violation



  10. Microsoft Lobbying in India Shoots Down or At Least Weakens Free/Libre Software Policy

    Microsoft's covert efforts (lobbying with the help of public partners like NASSCOM) to eliminate an India-leaning software policy in India is finally paying off



  11. Propaganda Mode for UPC Agreement Whilst EPO Increasingly Grants Patents on Software

    In order to make the Unitary Patent a reality (towards a 'no place to hide' patent approach) misleading claims are being made



  12. Patents Are Not Source Code

    Ford is once again misleading regarding Open Source, mischievously associating a patent pledge with Open Source



  13. Links 29/5/2015: ALT Linux 7.0.5, Google I/O 2015

    Links for the day



  14. Links 28/5/2015: SourceForge Hijack, RIP Marco Pesenti Gritti

    Links for the day



  15. Censorship on Reddit Has Gotten (Condé) Nasty and Silent, Even Actively Silenced

    Condé Nast has turned Reddit into a platform of censorship after the acquisition



  16. The Supreme Court of the United States Helps Patent Trolls

    In an unforeseen kind of ruling, the same court which slapped down a lot of software patents last year is now legitimising the actions of a patent troll



  17. Patent Lawyers Fight Hard for the Future of Software Patents

    Media that is dominated by patent lawyers and targets an audience of patent lawyers refuses to accept the post-Alice reality



  18. Fortune Glorifies Patent Troll Jay Walker (Patent Utility)

    Jay Walker, a patent troll, creates a Web-based trolling/'licensing' service and the corporate media helps him



  19. Stealing Android's Thunder, Making It All About Apple and Microsoft During Google I/O

    Misleading articles and conjoined media/analyst attacks on Android coincide with Google's event where major Android announcements are being made



  20. British Government May be a Step Closer to GNU/Linux (on the Desktops, Not Just Servers)

    The British government stops paying the criminal company that blackmails its members, thereby increasing the possibility of complete escape from proprietary software



  21. Microsoft's Patent Allies LG and Sony Agree to Put Microsoft Inside Android

    LG and Sony (of Rockstar Consortium) follow Samsung and Dell in Microsoft's campaign to turn Android into 'Microsoft Android' using patents-induced pressure/leverage



  22. Yet Another Major Security Deficiency in UEFI

    UEFI is inherently insecure, more so than the alternatives which it strives to replace, including Free/libre ones



  23. Links 27/5/2015: Fedora 22 is Out, Mandriva Liquidated

    Links for the day



  24. Patent Scope at the EPO is Totally Out of Control, UPC Will Make Things Worse

    A look at the practical issues with the EPO, where patent scope and litigation scope have been vastly extended so as to benefit multinational corporations and possibly patent trolls



  25. Links 26/5/2015: Reviews of Kubuntu 15.04, Linux 4.1 RC5

    Links for the day



  26. Süddeutsche Zeitung Says Talking Helps While EPO Management Back-stabs Other Side of the Table

    German media gives the impression that there is peace and harmony now that Benoît Battistelli and his circle of power speaks to staff, but nothing is said about simultaneous (albeit covert) attacks against that staff



  27. Large Corporations Call the Shots in US Patent Reform

    A reminder of where we stand on the issue of patent 'reform' in the US and who is controlling or shaping it



  28. Microsoft Puts Proprietary Windows and Hyper-V Inside the Free Software-Centric OpenStack

    OpenStack, which celebrates rapid growth in this month's event in Canada, is facing a proprietarisation threat from Microsoft



  29. Microsoft's Secret Lobbying, Bullying, and the Long History of Blackmailing Politicians Around the World

    British media covers Microsoft's abuse in the UK, but there are many similar incidents, and not just in the UK



  30. Frankfurter Allgemeine Zeitung on Benoît Battistelli and Four EPO Suicides

    German press article from April 2015 (with translations)


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