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


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


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. EPO Caricature: Battistelli's High Five

    Another cartoon about the sad state of the EPO

  2. Battistelli Ruins Not Only the EPO But Also the Whole of Europe By Ushering in Software Patents That Patent Trolls Love So Much

    Battistelli's bad leadership at the EPO threatens to bring to Europe all the ills and menaces of the patent system in the United States

  3. EPO Spokesman Lies to IP Watch in Order to Save Face and Save the King (Battistelli)

    Rewriting history (revisionism) regarding Battistelli and what was demanded amidst abusive behaviour from him

  4. Unitary Patent (UPC) is Dead, But 'Managing IP' and Selfish Patent Law Firms Still Try to Resurrect It

    The latest attempts to shore up the Unitary (or Unified) Patent Court and who's behind it other than the usual suspects

  5. Links 20/10/2016: Linux 4.10 Preview, ONF and ON.Labs to Merge

    Links for the day

  6. Battistelli-Commissioned PwC 'Study': The Raw Outcome Shows Distortion of the Facts at the EPO's Notorious 'Social Conference'

    Results of the Staff Survey carried out by PwC, in order to provide some propaganda for Battistelli's expensive Social Conference

  7. Addendum: EPO's Alberto Casado Cerviño, WIPO's Francis Gurry, and EUIPO's Archambeau

    Photos taken as part of an IP event which took place in Riga (Latvia) in March 2015

  8. Worrisome Connections Between EPO VP2 Alberto Casado Cerviño and Patricia García-Escudero Márquez

    Exploring the potential conflicts of interests implicating the EPO's Boards of Appeal Committee

  9. Site's Infrastructure Under Attack and Upgrades Ahead of Major New Publications

    Protections for the Web site have been improved and capacity increased in order to avoid or at least prepare for another week of abusive/spam traffic

  10. Team Battistelli's Conspiracy Theory: SUEPO is Behind Everything, EPO Management is Trying to Tell the Media

    Attempts to blame SUEPO, the staff union of the EPO, even though SUEPO has nothing to do with articles that are critical of the EPO while many thousands of EPO employees are disgruntled

  11. Links 19/10/2016: Canonical Livepatch Service, Plasma Plans

    Links for the day

  12. The 'Sarah Sharps' of Microsoft: Not the Kind of Scandal the Media Cares Enough to Write About

    Another example of the large (industrial) scale of sexual discrimination at Microsoft -- a company that tries to advertise itself as diverse or tolerant and stigmatise Free/Open Source software (FOSS) as intolerant and/or not diverse

  13. EPO Caricature: EQE Questions

    The latest EPO cartoon, this time about European qualifying examination (EQE)

  14. The Long History or Seeds of Control by Fear and Punishment at the EPO

    The latest hogwash from Team Battistelli (Pinocchio), the latest instance of software patents promotion by EPO Principal Director, and an old (decade-old) nugget of information from the Forum for Principal Directors

  15. Subject of the European Patent Office's Abuses Raised in European Parliament by Ulrike Müller (ALDE)

    A local copy of a bunch of questions asked less than a month ago by Ulrike Müller at the European Parliament, regarding the unacceptable state of affairs at the European Patent Office (EPO)

  16. French Article About the EPO "Crisis"

    Le Monde, which covered EPO suicides and nervous breakdowns a year and a half ago, revisits the subject

  17. Battistelli Wants Us to Believe a Patent Office in a Freefall (EPO) is “Stronger and More Sustainable”

    Still in denial (or self-deluding for self indulgence), Battistelli writes about the EPO as though everything is rosy and people are happy

  18. Leaked Documents Shed More Light on What Happened to Alison Brimelow and How Battistelli Rose to Power

    How Battistelli's (almost) all-male (and all-white, mostly French) management came into being, not too long after Ms Alison Brimelow got elbowed out the Office

  19. Leaked: Outcomes of 149th Administrative Council's Meeting at the European Patent Organisation

    The raw details or a summary thereof, based on the above which serves to confirm what we wrote about several days ago, right after the quarterly meeting had ended

  20. Danish Press Coverage of the European Patent Office and the Problems Explored by Techrights

    Jesper Kongstad does virtually nothing to deny the arguments (or "accusations") and instead alludes to the style of the writings about him

  21. Links 18/10/2016: Release Candidate of Leap 42.2, Looking Ahead at GTK4

    Links for the day

  22. Links 17/10/2016: JS Foundation, Ubuntu 17.04 Named ‘Zesty Zapus’

    Links for the day

  23. EPO Updates: Battistelli in Trouble, Grossenbacher and Battistelli Having a Fight, EPO Doubles Down on Željko Topić

    Interesting updates from the European Patent Office (EPO), where things have taken a turn for the worse for Battistelli while Željko Topić secures an extension of his notorious contract

  24. EPO Social Conference Another Example of Astronomical Waste of Money by Benoît Battistelli

    Having paid the media and attempted to scare/intimidate staff into silence (even among one another), Battistelli now pays some firms to lie for him and present the lies while staff representatives are blocked from entering the presentation

  25. As Expected, Benoît Battistelli Puts Longtime Ally Roland Grossenbacher on Top of Boards of Appeal

    Benoît Battistelli's predecessor Roland Grossenbacher, who has a track record of protection and support for Battistelli (no matter the magnitude of abuses), reportedly takes a key position with Battistelli's approval, debunking the notion that the appeal boards will enjoy greater (perceived) independence from the Office

  26. UPC Preparatory Committee Projects Optimism in an Effort to Salvage Its Dying Project, the Unitary/Unified Patent

    Refusing to let the UPC stay in its grave, Team UPC keeps digging up and dishing out UPC misinformation, in front of an audience that need not be preached to as it's already converted (effectively an echo chamber)

  27. Outline of Latest Press Coverage Regarding the European Patent Office (EPO)

    European media is beginning to cover scandals associated with the European Patent Office (EPO), in spite of Battistelli's attempt to silence and manipulate it, at the expense of millions of Euros per year

  28. Links 16/10/2016: Linux 4.9 RC1, Wine 1.9.21

    Links for the day

  29. Links 14/10/2016: 20th Birthday for KDE, Apache OpenOffice 4.1.3

    Links for the day

  30. EPO Administrative Council Meeting Turning Point - Part V: “Siegfried Bross as President of the Boards of Appeal!”

    Retired judge Siegfried Broß is jokingly named as the person who should head the independent Boards of Appeal that keep the Office in check


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


Recent Posts