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

04.21.13

The Steep Decline of the Patent System: Scope Expanded While Barriers Lowered, USPTO Promotes Yet More Patenting

Posted in Patents at 9:59 am by Dr. Roy Schestowitz

Protectionism for all. What could possibly go awry?

Keys

Summary: Patents are being cheapened in pursuit of increased relevance and excessive dependence on the USPTO, the US-based monopolies office which lacks oversight

THE cult of patents branches off from the flawed hypothesis that without patents, whose original goal was publication, there would no longer be much innovation. It could not be further from the truth and it is arguably the very reversal of the truth.

Patents are these days being granted on designs, which are orthogonal to innovation. Isn’t copyright enough? Surely not for the maximalists, to whom protectionism is never quite enough. The new business for so-called ‘IP’ lawyers is in “Writing Software Patent Applications”. These are people to whom copyright rarely provides a job. Here is a new post about design patents being encouraged using a scholarship.

…the fundamental question of how (or if) we should protect designs using intellectual property law.

Copyrights already achieve this and they require no filing. Implementation is itself supporting evidence. No lawyers, no authoring of patents. But this is never sufficient for the maximalists, who wish to make patents more and more abstract, making it complex to find prior art and thus just granting almost everything for cash, causing litigation and spurring no real innovation, just devaluing patents as a concept (creating a bubble). Here is what some patent lawyers are saying about patentable subject matter while the USPTO encourages more and more patenting. It recently reported expansion in the business of selling monopolies to the Valley and patent lawyers who are more vocal are calling for volunteers to groom patents for the USPTO, noting that this corruptible office has a new programme for increasing the number of patents. This same office has been seeking to legtitimise software patents with biased debates and 'roundtables' (where all participants accept software patents) and here is another conference stuffed by lawyers, as well as a panel. They say they are open for comments, but only pro-software patents people get the stage. The ACLU is “Remembering the Real Purpose of Patents” when referring to this major case and the patent maximalists speak for blind expansion of patent counts, with little help from IBM again (IBM, a software patents proponent, lets Marc Ehrlich, Senior Patent Counsel, do his thing). Pamela Jones opposes this by stating: “The current patent system no doubt looks fine if you are the company with the most patents. But I dispute that patents encourage anything but greed. Microsoft didn’t build its business on patents. It is now, because it’s going down the drain. If Mr. Erlich’s theory was sound, it could not have built Microsoft. Yet it happened.

“Finally, while there may be, by his definition, three business models, when it comes to software — which is where most of the patent litigation is concentrated — there’s only two sides — proprietary and open. And there, both proprietary business models are teaming up to attack the newer open model, with the stated goal by one of them of destroying it. Tell me how that promotes innovation.”

Jones also found and now promotes this group called Application Developers Alliance — one we alluded to some days ago. In Los Angeles they are having their debate which seemingly has better speakers than the ones found in USPTO-leaning echo chambers. Rackspace will speak (Rackspace has become very active against patents), hopefully antagonising lots of lawyers and patent people (patent microcasm). We find the same in other debates on the subject. Patent lawyers and their institutions are ganging up against software engineers.

“Writing non-free software is not an ethically legitimate activity, so if people who do this run into trouble, that’s good! All businesses based on non-free software ought to fail, and the sooner the better.”

Richard Stallman

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 19/12/2014: Robolinux 7.7.1 LXDE, Red Hat Thriving

    Links for the day



  2. Another Microsoft Partner Markets Linux FUD Using Logo, Name, and Lies

    Microsoft's partner Alert Logic is trying to label a feature of Linux a security flaw and even makes marketing buzz for it



  3. Redmonk is Spreading Black Duck's Anti-GPL Talking Points After Payments From Black Duck, Microsoft

    CBS' ZDNet spreads the GNU-hostile narrative which comes from Redmonk, funded by Microsoft and Black Duck, citing Black Duck, which also comes from Microsoft and is a partner of Microsoft



  4. 'Good' Software Patents From EA Show Cases Where DRM is a Patent Infringement

    Where two evils collide the public benefits, or how some software patents discourage the use of DRM



  5. Richard Stallman: What Does It Mean for Your Computer to Be Loyal?

    New article from Richard Stallman



  6. Links 18/12/2014: LinuxQuestions.org Polls, Fedora for POWER

    Links for the day



  7. Links 16/12/2014: Google and ODF, Civilization: Beyond Earth Comes to GNU/Linux

    Links for the day



  8. Bill Gates' Pet Troll Intellectual Ventures is Collapsing as Founder Quits

    Intellectual Ventures founder leaves after an exceptionally large round of layoffs, despite [cref 77299 recent subsidies from Sony and Microsoft]



  9. Keeping Software Patents Out of Europe Following the Demise of Software Patents in the US

    Instability in the EPO seemingly prevents further expansion of patent scope, which is the subject of scrutiny of EPO staff



  10. Links 15/12/2014: OSI 2014 Annual Report, GPLv2 Court Test

    Links for the day



  11. Links 14/12/2014: Calligra 2.9 Beta, Krita 2.9 Beta

    Links for the day



  12. Software Patents Are Dying in the US, But Patent Lawyers Refuse to Admit It

    Patent lawyers continue to distort the reality of software patents' demise in the United States



  13. Links 13/12/2014: Android Wear “Lollipop”, European Commission and FOSS

    Links for the day



  14. Time to Take Microsoft Out of British Aviation Before Planes Crash Into Buildings

    London's mighty Heathrow Airport among those affected by a Microsoft-reliant air traffic control system which is not being able to properly recover from an outage, and not for the first time either



  15. News From France and Germany: Battistelli Under Fire, But Not Fired Yet, Just Firing His Opposition

    The régime headed by Benoît Battistelli and his criminal deputy continues to overthrow or pressure out everyone who is not 'loyal' to the régime



  16. Links 12/12/2014: Linux++, KDE Frameworks 5.5.0, Calligra 2.8.7

    Links for the day



  17. The USPTO is Broken: New Evidence Presented

    The scope of patents, as evidenced by some statistical figures and individual patents, shows that the USPTO is broken and must be reformed or dismantled



  18. US Patent Reform (on Trolls Only) More or Less Buried or Ineffective

    An update on efforts to reform the patent system in the United States, including the possibly imminent appointment of Michelle Lee to USPTO leadership role



  19. Software Patents in Canada Not Dead Yet

    Canada's patent status quo increasingly like that of the United States and Canadian giants like BlackBerry now pose a threat to software developers



  20. Dreaming of a Just Christmas: When a Third of EPO Walks Out to Revolt and European Judges Attack the EPO Over Abuses

    Information about the abuses of Battistelli et al. at the EPO are finally receiving wider coverage and increasing the strain on Battistelli's authoritarian reign



  21. Links 11/12/2014: Red Hat Enterprise Linux 7.1 Beta, Firefox 35 Plans

    Links for the day



  22. Ubuntu Core Announcement is Not About Microsoft and Hosting Ubuntu on Azure is Worse Than Stupid

    The power of media spin makes the idea of hosting Free software under the control of an NSA PRISM and back doors partner seem alluring



  23. France Gets Involved in Battistelli's Abuses in the EPO - Part XII (Updated)

    The EPO scandal has officially spilled over to France, where a French Senator got involved and starts asking serious questions



  24. Rolling of Heads Likely Imminent at EPO

    The European patent system is shaking as management breaks the rules, staff is protesting against the management every week, and charges of corruption resurface



  25. Links 11/12/2014: systemd 218, Empire Total War

    Links for the day



  26. Links 10/12/2014: Fedora 21, Ubuntu Core

    Links for the day



  27. Links 9/12/2014: Fedora 21 and Torture Report Are Out

    Links for the day



  28. Exclusive: The Enlarged Board of Appeal Complains About Battistelli's Corrupt Management to the Administrative Council (Updated)

    Text of the complaint from the Enlarged Board of Appeal (EBoA) reaches Techrights, demonstrating just how rampant the abuse in Battistelli's EPO has become



  29. Protests Against EPO Corruption Approach 1,000 in Attendance

    EPO staff at all levels is revolting against the management of the EPO, whose dismissal seems to be only a matter of time



  30. Links 9/12/2014: Greg Kroah-Hartman Interview, Fedora 21 Imminent

    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