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. The EFF Back to Tackling Software Patents, Not Just Patent Trolls

    Electronic Frontier Foundation lawyers start targeting large companies that exploit patents for intimidation and extortion, not just patent trolling



  2. Microsoft Wants to Devour the Competition (Linux), Devour People's Data

    Refuting the "new Microsoft" propaganda and some ludicrous concept that Microsoft is now "playing nice"



  3. Benoît Battistelli Thinks 'President' is Above the Law, Decides to Ignore the Court's Ruling

    Staff of the EPO is given yet more reasons to protest tomorrow at the British Consulate, for the so-called 'President' of the EPO reminds everyone of the very raison d'être for the protest -- a vain disregard for the rule of law



  4. Links 24/2/2015: Xfce 4.12 a Week Away, GNOME 3.16 Previewed

    Links for the day



  5. Links 23/2/2015: Ubuntu Kylin 14.04.2 LTS, Cinnamon 2.6 Previews

    Links for the day



  6. IRC Proceedings: February 8th - February 21st, 2015





  7. The EPO's Sham 'Internal Investigation' of EPO Vice-President Željko Topić's Affairs

    The EPO never investigated the Željko Topić affair, it only pretends to have investigated (one small aspect, i.e. cherry-picking) using a Benoît Battistelli-controlled group



  8. Links 21/2/2015: GNOME 3.15.90, Google Wins Android Lawsuit

    Links for the day



  9. Microsoft AstroTurfing War on GNU/Linux is Still Going On, But Hidden Better, Uses API as Instrument of Lock-in

    The corruptible press continues to describe blatant attacks (Embrace, Extend, Extinguish) against GNU/Linux and Free software as Microsoft 'embracing' Open Source



  10. Lenovo's Superfish Scandal is Spyware on Top of Spyware (Microsoft Windows), the Problem is Inherently Proprietary Software

    Shifting focus to the root problem, which is neither Lenovo nor its laptops but the non-free programs installed on hardware



  11. Benoît Battistelli Once Again Threatens EPO Staff That 'Dares' to Protest, Battistelli Exploits Terror Attacks to Pretend to Respect Free Speech

    The European Patent Office (EPO) President, Benoît Battistelli, reportedly started threatening -- as before -- staff that decides to exercise the right to assemble and protest against abuses, including the abuses of President Battistelli himself



  12. Links 20/2/2015: Android Studio v1.1, GDB 7.9

    Links for the day



  13. Links 20/2/2015: Bloomberg Joins Linux Foundation, ClearOS Community 6.6.0

    Links for the day



  14. The Chartered Institute of Patent Attorneys Slams the European Patent Office for Structural Failings

    An important letter which we overlooked while writing yesterday's 4 articles about the European Patent Office (EPO); yet another key stakeholder complains



  15. Links 19/2/2015: Hewlett-Packard on Cumulus Linux, Previews of GNOME 3.16 Beta

    Links for the day



  16. Techrights Under Attack Again, Shortly After Important EPO Articles

    Techrights highlights a pattern that is months old; Site faces availability issues shortly after reports about the European Patent Office and its abuses



  17. EPO Staff Protests Against Benoît Battistelli’s Lowering of Patents Quality (Scope Expansion and Software Patents for Profit)

    A protest in Munich in less than 6 days will target Mr. Sean Dennehey, who has helped Battistelli cover up his abuses and crush legitimate critics, whom he deemed illegal opposition as if the EPO is an authoritarian regime as opposed to a public service which taxpayers are reluctantly (but forcibly) funding



  18. Breaking: European Patent Office Sued by Its Own Staff in The Hague, Must Unblock Staff's Voices

    The crooked management of the European Patent Office (EPO) gets in legal trouble after repeated attempts to cover up abuses and suppress criticism



  19. Željko Topić's History in SIPO Leaves a Legacy of Alleged DZIV Vehicles (Bribes), Authorship Abuses, and Intimidation Against Reporters

    Another deep look at Željko Topić's background in Croatia, preceding his very notorious appointment to the EPO where he now serves as Benoît Battistelli's most controversial attack dog



  20. The Old Obsession With Patent Trolls Continues to Distract From Debate About Software Patenting

    A roundup of recent coverage about monopolies on algorithms in the United States



  21. Links 19/2/2015: 64-bit ARM Linux, Chinese New Year

    Links for the day



  22. Links 18/2/2015: Linux Report, FlightGear 3.4

    Links for the day



  23. EPO Scandals: The Story So Far

    An overview of articles about mischief, misconduct and breach of laws at the EPO



  24. Links 17/2/2015: TripleO, Pivotal

    Links for the day



  25. Links 17/2/2015: SystemD 219, Frugalware 2.0 (Rigel) Released

    Links for the day



  26. Željko Peratović Slammed for Whitewashing Željko Topić After Publishing Important Piece on Behalf of Key Sources

    Response from Ivan Kabalin to Zeljko Peratovic's so-called "apology" which is both mysterious and seemingly inadequate as it does nothing to actually explain what was wrong (if anything)



  27. Benoît Battistelli Has Made Oversight of European Patent Office Absolutely Impossible





  28. Microsoft Already Killed Nokia, Don't Let It Kill Android Players Too

    Microsoft's strategy against Android mirrors the company's evil strategy that derailed MeeGo and Nokia



  29. Intel Continues to Attack Software Freedom Through UEFI

    The Trojan horse that Microsoft uses to cement its monopoly on desktops and laptops (making it hard or impossible to install and run GNU/Linux) is also being misused to block Coreboot



  30. Links 16/2/2015: Netrunner 15, Bridge Linux

    Links for the day


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