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

04.03.13

Abolish Software Patents Like India Helps Abolish Drug Patents for Humane Reasons

Posted in America, Asia, Patents at 3:00 pm by Dr. Roy Schestowitz

India

Summary: Small businesses too — not just middle- and large-sized corporations — increasingly targeted by patent trolls and software patents; opposition to patent maximalism on the rise

The USPTO has been taking a lot of beatings recently. Many people from all around the world are berating and condemning the USPTO as well as key utilisers like Monsanto. SAP has been hit too, despite being based in Europe. The patent trolls went after American customers. To quote the British press, “SAP has moved to defend the users of its Sybase database software by filing suit against Pi-Net International, a “patent troll” that has filed several patent infringement lawsuits against SAP customers in the US financial services sector over patents it claims SAP is infringing.

“Pi-Net claims that SAP’s Financial Fusion software, used for online banking, among other things, infringes three of its software patents. SAP acquired the Financial Fusion product as a result of its 2010 acquisition of Sybase.”

Masnick’s site says that small companies too begin to realise the threat of trolls. To quote:

Startups Realizing That Patent Trolls Are An Existential Threat

Most people used to think that patent trolls tended to focus on bigger companies — those with huge bank accounts who’d rather pay the troll off than deal with a lawsuit. But over the last few years, we’ve been hearing more and more stories about startups hit by patent trolls, who are taking advantage of the fact that a patent lawsuit — win or lose — would almost certainly kill the company. One common tactic? Wait until a startup announces a round of fundraising and then pounce — knowing that the company (a) has some money and (b) has little time to deal with a lawsuit. Finally, this issue is getting some attention. Crain’s recently had a piece on patent trolls going “downmarket” after startups, which has some quotes from startup execs (many who want to remain anonymous to avoid further attacks).

Wired continues to have a lawyers-only debate about software patents. The latest comes from someone who was previously at the University of Miami (law) and there is still no call to abolish software patents. Here is a baffling statement:

Infringement of software patents is usually a good thing because in most cases the alternative to infringing is to produce nothing new. So, what if we could fix the patent problem by rethinking the assumption that infringement should always be penalized?

Another lawyer gets platform at Wired to say: “It’s become clear that the patent system is impeding, rather than incentivizing, innovation. The laundry list of what’s gone wrong is long: a standard for patentable subject matter that makes no sense, notoriously vague and hard-to-understand claim language, the rise of the patent trolls … and all of these problems disproportionately impact software.”

Yes, so why not call for the end of them all? Where are the software developers in this series of articles from the popular magazine? Do the editors at Wired even approach developers, or even science professors as opposed to law professors? Nope, hardly.

Speaking of controversial patents, there is some good news this week:

  • India rejects Novartis drug patent

    In a case closely watched by global drugmakers, Switzerland’s Novartis AG has been fighting since 2006 to patent its leukemia-treating drug Glivec in India on the grounds that it is a newer version. India revised its patent protection law in 2005.

  • Human Rights Win as Big Pharma ‘Novartis’ Loses Patent Case

    India’s Supreme Court rejects plea from Swiss pharmaceutical giant, paving way for more affordable, generic medicines worldwide

  • Draft Australian Pharmaceutical Patents Review Includes Proposal to Reduce Patent Extensions and Fund R&D Directly

    The Australian government has released the draft report of its Pharmaceutical Patents Review, which had been tasked to “review the effectiveness of the Australian patent system in providing timely access to affordable pharmaceutical and medical treatments and supporting innovation.” The report considered domestic law on patents, data exclusivity, and pharmaceuticals, as well as Australia’s current trade obligations and its position in ongoing trade negotiations.

  • India rejects Novartis drug patent

    India’s Supreme Court on Monday rejected a Swiss pharmaceutical company’s effort to patent an updated version of its cancer drug, a decision aimed at boosting a domestic generic drug manufacturing industry that supplies cheap versions of lifesaving cancer and HIV medicines for much of the developing world.

We wrote about Novartis in [1, 2, 3, 4]. Through proxies specialising in PR, Bill Gates and his friend Nathan Myhrvold love to prop up international monopolies of such companies; they help disguise clinical trials (at the expense of fragile populations) as ‘charity’, never mind the truth of the matter. Slashdot has become a pathetic wuss for helping Myhrvold whitewash himself today. Who on Earth thought this would be a good idea? There are PR talking points all over the place, as we expected right from the start.

Patents that help cause death or limit access to cures based on one’s personal wealth are not ethical. They might even be more harmful than software patents and patents on seed DNA, which India will hopefully squash just like Novartis patents.

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. Links 24/1/2015: Zenwalk Linux Reviewed, Netrunner 14.1 Released

    Links for the day



  2. The Latest 'Microsoft is Open Source' Propaganda a Parade of Lies

    Microsoft myth makers continue their assault on what is objectively true and try to tell the public that Microsoft is a friend of "Open Source"



  3. Apple -- Like Microsoft -- Not Interested in the Security of Its Operating Systems

    Apple neglected to patch known security flaws in Mac OS X for no less than three months and only did something about that vector of intrusion when the public found out about it



  4. As Battistelli Breaks the Rules and Topić Silences Staff, New European Parliament Petition for Tackling the EPO's Abuses is Needed

    The neglected (by EPO) Article 4a of the European Patent Convention (EPC) and the European Parliament petition/complaint against the EPO's crooked management



  5. Links 23/1/2015: Red Hat on IBM Power, Meizu Leaks With Ubuntu

    Links for the day



  6. Links 23/1/2015: Plasma 5.2, Manjaro 0.9-pre1

    Links for the day



  7. Microsoft is Dying Due to Free Software, Tries to Infect GNU/Linux With .NET and to Infect Moodle in Schools With Microsoft Office and OOXML Lock-in

    'Free' drugs (a proprietary software analogy) the new strategy of Microsoft in its latest battle against Free software, especially in schools where choice is a rarity (if not an impossibility), with the premeditated intention of forming dependency/addiction among young people



  8. Microsoft Symptoms of a Dying Company: More Boosters Depart, Back Doors Revealed, Microsoft's Outlook Cracked

    Bad news for Microsoft shortly before the marketing extravaganza served to cover much of it up



  9. The Collapse of European Patent Office Management Culminates With Resignations

    No blood is spilled, but even the management of the EPO is falling apart as the Director of Internal Communication is said to have just resigned



  10. New LCA Talk: Open Invention Network's Deb Nicholson on Software Patents and Patent Trolls

    Deb Nicholson's LCA talk is now publicly accessible



  11. Links 22/1/2015: GNU/Linux Sysadmin Opportunities, TraceFS Introduced

    Links for the day



  12. Links 21/1/2015: Andrew Tridgell, Torvalds Being Baited

    Links for the day



  13. Vesna Stilin Renews Her Fight for Justice in Željko Topić Case (EPO VP)

    Željko Topić's abuses continue to cloud the legitimacy of the European Patent Office, in which he is a Vice-President



  14. Failure of the EPO Can Derail the Trojan Horse of Software Patents and Patent Trolls

    Dazzled by his endless pursuit of infinite money and power, Battistelli pushes for expansion of patent scope (geographically too), but he won't have it without a challenge



  15. Links 20/1/2015: Linux 3.19 RC5, 30 Years of FSF

    Links for the day



  16. Translations of Member of the European Parliament Complaining About European Patent Office (EPO)

    French, German, Dutch, and English translations of the article from Dennis De Jong



  17. Microsoft, the Back Doors Company, is Gradually Dying and Trying to Embrace the Competition

    The world is leaving Microsoft's common carrier (Windows) behind, so Microsoft, which is shrinking, tries to conquer Free software and GNU/Linux



  18. Battistelli's Latest Propaganda War Tries to Convince EPO Staff That Željko Topić's Many Criminal Charges Don't Exist

    Battistelli's right-hand man, Željko Topić, is now facing real danger of prosecution and possibly arrest in his home country, so Battistelli rushes to defend this thug's reputation



  19. Links 18/1/2015: Sailfish OS RoadMap, ownCloud Turns 5

    Links for the day



  20. Strategy of Litigation With Patents Has Collapsed Since SCOTUS Ruling in Alice v. CLS Bank

    The latest figures from Lex Machina show a massive decrease (-18%) in patent litigation last month; lawyers look for ways to spin the data in their favour



  21. Patent Lawyers Can't Help Rewriting Alice v. CLS Bank History

    The league of patent lawyers -- people who profit at the expense of software producers -- keeps brainwashing the public about the patentability of software (both the rationale and the potential)



  22. Myths and Hype About Patents

    Distortion of history and fabricated reports about patents in the corporate media leave many people confused and ultimately unable to make rational judgment



  23. Large Corporations, Including Microsoft Allies, Call for Abolition of Software Patents

    The calls for ending all patents on software are getting louder and patents as a whole are de-emphasised as a business strategy



  24. Links 17/1/2015: Lennart Poettering in Headlines, Mageia 5 Beta 2

    Links for the day



  25. Links 16/1/2015: Chapeau 21, Tails 1.2.3

    Links for the day



  26. Links 15/1/2015: KDE Releases, Ubuntu Phone Delays

    Links for the day



  27. Links 15/1/2015: KDE Plasma 5.2 Beta, Elive 2.5.2 Beta

    Links for the day



  28. Google Has Eliminated Microsoft's Dominance in Operating Systems, Microsoft Resorts to Propaganda, Child Exploitation, and EEE

    As Linux becomes the dominant kernel at Windows' expense Microsoft pulls old tricks including media manipulation, AstroTurfing, co-opting schools (making Windows obligatory for future generations), and EEE (embrace, extend, and extinguish)



  29. Microsoft -- Like David Cameron -- Attacking the Computer Security Industry

    Microsoft's latest moves that help expose its real policy when it comes to computer security and people's privacy



  30. Working to End Oracle's and CAFC's Inane War on Interface Reuse

    The US Supreme Court may soon start dealing with a legal assault on Android and in the process hopefully end the notion of copyright on APIs


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