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

02.15.13

USPTO’s Software Patents ‘Roundtable’ is Rigged

Posted in Patents at 1:04 pm by Dr. Roy Schestowitz

Hand idea

Summary: Debates about software patents in the United States are still not permitting particular views’ representation

THE USPTO does not really want change. But the public is increasingly dissatisfied with the USPTO’s function, so USPTO executives need to save face. Recently we warned that the USPTO’s so-called debate on the subject of software patents was paralysed by design; the central question was not whether such patents should be valid but what ‘quality’ they have.

Not too shockingly, based on one who was apparently a witess, the roundtable is somewhat of a sham:

At the USPTO’s #swpat roundtable. So far everyone agrees that patents should be high quality. OK. I also support motherhood and apple pie.

Here is what a lawyers’ site wrote about this recent roundtable:

Law360, New York (February 12, 2013, 5:14 PM ET) — The U.S. Patent and Trademark Office needs to more aggressively scrutinize software patent applications to ensure that it issues fewer broad, vague patents favored by so-called patent trolls, business leaders and computer programmers told the office at a forum Tuesday.

Gérald Sédrati-Dinet, a European activist against software patents, wrote:

Disclosing algorithms is good, but it is not THE solution…

The subject of software patents is quite hot in New Zealand at the moment and Dave Lane wrote about it as follows:

After stating support for #swpat exclusion, how does Minister Foss reconcile the fact that only the pro-patents lobby endorses his SOP120?

Here is the corresponding article about the “as such” loophole:

Has Craig Foss come good on software patents?

[...]

So there we have it: clear, emphatic assurances from the Minister in charge of the Patents Bill that following passage of the new law (as amended by Mr Foss), computer programs will no longer be patentable in New Zealand. Which is great, right? After all, isn’t this what New Zealand software developers have overwhelmingly demanded?

Well yes, but the problem is that Minister Foss’s latest assurances contradict his earlier comments that his “as such” amendment would create a legal “grey area“ and allow “hundreds of software patents” to continue to be granted in New Zealand. It also confirms that Minister Foss is squarely at odds with leading IP lawyers who have said that his “as such” amendment will allow software patents.

There seems to be no limit on the scope of patenting if lawyers and lawyers-turned-politicians call all the shots. Over in Australia, the steep decline continues in parallel to the US; the patent monopolies industrial complex spreads like cancer: [via]

More patents over human genetic material could be granted after a landmark ruling in the federal court in Sydney on Friday morning.

What a disaster. As we’ll show in the next post, the US is undergoing some kind of self-assessment/introspection when it comes to patents. That’s the sort of dynamics we need to strive for. Rigged roundtables won’t make a difference but perpetuate the status quo, so more people in the development community ought to get involved and become vocal.

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. FUD Against Google and FOSS Security Amid Microsoft Windows Security Blunders

    In the age of widespread fraud due to Microsoft Windows with its back doors there is an attempt to shift focus to already-fixed flaws/deficiencies in competitors of Microsoft



  2. Microsoft Spin Watch: IDG Turns to More Microsoft Propaganda, Hires Microsoft Boosters

    Media in Microsoft's pocket is telling Microsoft's lies and deceives the public for Microsoft's bottom line



  3. Microsoft's Massive Tax Evasion Becomes Better Known

    A new report about Microsoft's admission that it plays dirty tricks with tax (sometimes using moles in government) is increasing awareness of Microsoft's criminal aspects



  4. Links 25/8/2014: China's Linux Revolution Imminent

    Links for the day



  5. Links 24/8/2014: GNU/Linux Specialisation and Benchmarks

    Links for the day



  6. Links 23/8/2014: GNU/Linux Growth

    Links for the day



  7. Microsoft-Funded Attacks on Android Security and Patent/Copyright

    A look back at examples of people who smear Android and are receiving (or received) money from Microsoft



  8. Blowback in Chile and Munich After Microsoft Intervention

    Microsoft's attacks on the digital sovereignty of countries involves lobbying, corruption, an attack on standards (e.g. ODF), an attack on FOSS policies, and even an attack on accurate reporting (truth itself)



  9. The End of Microsoft is Nigh

    A look back at a tough year for Microsoft and a not-so-promising future



  10. Links 22/8/2014: Linux Foundation LFCS, LFCE

    Links for the day



  11. UPS Burned by Microsoft Windows, Gives Away Massive Number of Credit Card Details

    UPS is the latest victim of Microsoft's shoddy back door with software on top of it (Windows); attempts to blame FOSS for data compromise actually divert attention from the real culprit, which is proprietary software



  12. Microsoft's Funding of ALEC and Other Systemic Corruption

    Microsoft role in writing of laws by proxy, via groups such as ALEC



  13. Microsoft is Still Preying on British Taxpayers, Playing Politics

    Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences



  14. Microsoft's Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

    More good news regarding the demise of patents as Microsoft's leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted



  15. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  16. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  17. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  18. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  19. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  20. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    Links for the day



  21. BlackBerry -- Like Microsoft Nokia -- Could be the Next Patent Proxy Troll

    BlackBerry is restructuring for patent assertion (i.e. trolling) in the wake of some alliances with Microsoft



  22. After Microsoft's Soft Bribe Some Non-Technical Deputy Does Not Like Free Software, Microsoft-Linked Media Responds to This Non-News by Making Bogus Claims of Munich Leaving GNU/Linux (Updated)

    The subversive forces that have secretly been attacking Munich over its migration to GNU/Linux (Microsoft press, Gartner, and even HP) are back to doing it while China and Russia follow Munich's lead



  23. Gates Foundation CFO Quits and Debate About Revolving Doors Recalled Amid Systematic and Shrewd Bribery of Public Officials

    More officials step out of the Gates Foundation and their destination is not known yet; Gates continues to corrupt the public sector with his money so as to increase personal gain at taxpayers' expense



  24. Links 19/8/2014: GNU/Linux Raves and Alternative to Proprietary Voice Chat

    Links for the day



  25. Links 18/8/2014: Linux 3.17 RC1, Escalation in Ferguson

    Links for the day



  26. Gartner Group Advocates Using Defective Software With Back Doors

    Despite strong evidence that Microsoft has been complicit in illegal surveillance, Gartner continues to recommend the use of Windows and other espionage-ready Microsoft software



  27. The Microsoft Patent Trolls: Android Extortion, Vringo Versus Google, and Intellectual Ventures

    Roundup of news about patent aggression by Microsoft and some of its proxies



  28. Links 16/8/2014: Microsoft Linux, US Government Turns to Free Software

    Links for the day



  29. Links 15/8/2014: Reiser4 in Headlines Again, GNOME and KDE Events Finish

    Links for the day



  30. Links 14/8/2014: Kernel Summit Coming, KMix on KDE Frameworks 5

    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