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


A Big Blow to Patents on Software and Genetics in the United States, But Hardly the End

Posted in America, Law, Patents at 4:01 pm by Dr. Roy Schestowitz

There are still patents on the progress bar…

A progress bar

Summary: Little progress made with policy moving in the right direction, but by no means the right and absolute solution to USPTO incompetence

THERE ARE interesting rulings out this week. A very vocal proponent of software patents asks about the Versata case [1, 2, 3], “Did the PTAB Just Kill Software Patents?” Well, yes. And it matters. “On Tuesday, June 11,” he writes, “the Patent Trial and Appeals Board issued a ruling in SAP America, Inc. v. Versata Development Group, Inc., which is the result of a Covered Business Method challenge to U.S. Patent No. 6,553,350 filed by SAP on September 16, 2012. The PTAB, per Administrative Patent Judge Michael Tierney, determined that “Versata’s ’350 claims 17, and 26-29 are unpatentable under 35 U.S.C. § 101.” Looking more closely at the ruling, however, makes it clear just how significant this ruling will be. The breadth of the 101 determination is shocking and virtually guarantees that 101 will be used by patent examiners to effectively prevent software patents from issuing altogether.”

“The ruling was limited, so it is too early to celebrate.”Here is a news report about it (AOL). This gets somewhat overshadowed by news about a SCOTUS ruling. An inaccurate report from Rupert Murdoch’s press says “The Supreme Court unanimously ruled Thursday that human genes isolated from the body can’t be patented, a victory for doctors and patients who argued that such patents interfere with scientific research and the practice of medicine.”

This is only part of the story, as we’ll explain in days to come. Kevin Granade told me “they affirmed that isolated, unmodified DNA is unpatentable, but ruled the *transcription* of the same as cDNA patentable [...] the reporting has it wrong, the ruling regards all unmodified DNA, not just human DNA. Effectively a key lying on the ground is unpatentable, but if you make an impression you can patent the mold. Very unfortunate.”

The Guardian botched it too. The ruling was limited, so it is too early to celebrate. It’s like celebrating patent trolls getting the attention of Brand Obama. There is no action yet from the White House (just words [1, 2, 3, 4]) and it would not be the resolution of the problems, either. As this new post put it, this is not enough. To quote just the opening:

Patents may have once seemed like a good idea. At least it seemed that way to the Venetians, who in 1474 declared the publication and protection of the “works and devices” of “men of great genius” would encourage others to apply their genius and ultimately benefit their society as a whole.

This noble idea may have had a place in the Italian Renaissance, but wind forward 539 years and we have a patent system infested with “patent trolls” and seemingly endless disputes between software and technology companies expending billions of dollars over ideas that involve neither genius nor benefit to society.

The problem is scope being expanded to things which did not exist when the patent system was conceived. It predates understanding of germs, let alone genetics. It also predates software, let alone computing machines (equivalent of pen and paper).

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 2/10/2015: Qubes 3.0, Linux.Wifatch

    Links for the day

  2. Microsoft-Connected Firm Net Applications Used to Mislead About Vista 10 Share and Mock GNU/Linux

    People who are connected to Microsoft (some being former staff) link to a firm that is connected to Microsoft in order to create the illusion that Vista 10 market share grew to 6.63%

  3. Chairman of the Enlarged Board of Appeal (EBoA) and EPO Vice-President of DG3 Suspiciously on Unlimited Sick Leave After Benoît Battistelli's Unprecedented Attacks on Other EBoA Staff

    Rumours suggest that Benoît Battistelli's affairs at the EPO may have something to do with Wim Van der Eijk's longterm absence

  4. Microsoft's Secret Special Relationship With EPO Illustrates Serious Corruption at Microsoft and the EPO

    A big story about the EPO and Microsoft working in a sort of collusion-type setup so as to serve Microsoft's patent agenda, which involves aggression, even against European software that is Free (as in freedom)

  5. Links 1/10/2015: LFS 7.8, Calculate Linux 15 Released

    Links for the day

  6. The 'Microsoft Loves Linux' Baloney is Still Being Floated in the Media While Microsoft Attacks Linux With Patents, New Lawsuits Reported

    Despite Microsoft's continued assault on Linux and on Android (using software patents, which it still discreetly lobbies for), some figures in the media are perpetually peddling the Microsoft-serving lie that 'Microsoft loves Linux'

  7. The Microsoft Botnet Goes Bonkers and ATMs Running Windows Spew Out Cash

    The terrible security (by design) of Microsoft Windows is causing all sorts of very serious and collectively expensive issues

  8. Black Duck Continues to Pile FUD on Free/Libre Software

    Having spent nearly a decade promoting the fear of Free software licensing, Black Duck now does the same regarding Free software security<

  9. Links 30/9/2015: New Kernels, Nexus Devices

    Links for the day

  10. Links 28/9/2015: Last News Catchup Before Resumption

    Links for the day

  11. Links 25/9/2015: GNU/Linux in Indian Government, NeoKylin in China

    Links for the day

  12. Süddeutsche Zeitung Explains Imminent Federal Scrutiny Against Battistelli's EPO in Germany

    The German newspaper Süddeutsche Zeitung reveals that actions by the German government may be imminent against the EPO's cliquish management, including its ringleader Benoît Battistelli

  13. EPO Managers, Patent Lawyers, Commissioners and Other Non-Technical Personnel Tackle Democracy, Alter Laws in Bulk and in Secret

    The reckless assault on European democracies and long-established laws across Europe are now lucidly demonstrated when it comes to patents

  14. Europe's Acceptance of and Resistance to Software Patents, Courtesy of Corporate Front Groups and Courtrooms Respectively

    A snapshot of recent developments and upcoming developments in Europe, regarding software patents in particular

  15. German Press Explains EPO Investigation Unit (I.U.), Struggles to Openly Speak to the Secretive EPO

    The secretive Investigation/Investigative Unit (I.U.) of the European Patent Office (EPO) is further studied/explored by a recent article from junge Welt, an old and well-established German newspaper (since 1947)

  16. Links 24/9/2015: GNOME 3.18, Fedora 23 Beta, New Firefox

    Links for the day

  17. Translation Needed of Article About EPO Threats Against SUEPO's Elizabeth Hardon

    A call for translation of an important article that may help shed light on the modus operandi of the Investigation/Investigative Unit of the EPO, which works with Control Risks Group (CRG), the 'British Blackwater'

  18. Media Filled With Spin and Lies Amid Microsoft's Admission of Internal Usage (and Modification) of GNU/Linux

    Further analysis of Microsoft's admission that it uses Linux internally and the media's poorly-researched response to that

  19. EPO Management Justifies Censorship (Even of Journalists) Using Its Vice-President Željko Topić

    The Topić connection to EPO-imposed and universally-induced censorship not just of news sites but also sites which speak about the censorship itself, or dare question the integrity of the EPO's management

  20. Changes at Techrights

    A few short notes on how we are going to re-align the site with disruptive trends, notably patents-related

  21. EPO President Benoît Battistelli Compared to Famous Criminals on European Television

    The Belgian TV network featured a show which was making fun of Battistelli earlier this month

  22. Dutch Politician John Kerstens Says EPO Investigative Unit is Called ‘the Gestapo’

    The infamous Investigation Unit (I.U.), which secretly bullies staff of the EPO with notorious interrogation techniques under virtually no oversight, is described on Dutch radio

  23. The European Patent Office's Autocracy Has Proven the Streisand Effect, Amplifying Its Opposition's Messages

    The management of the European Patent Office (EPO) is still trying to suppress negative messages about managerial failures, violations and abuses, thereby serving to only increase media coverage (newspapers, radio, television) of increasingly well-known and widely-covered scandals

  24. IBM is Again Attacking Free/Libre Open Source Software by Pushing for Patents on Software

    A timely reminder that Big Blue is no true friend of GNU/Linux and other Free software projects, just an opportunist that uses the Linux brand and wants to make the platform a commodity (for servers that run IBM's proprietary software and use IBM-branded hardware)

  25. Windows is Dying, Based on my Conversations With Microsoft Windows Staff

    The arrival of Vista 10 heralds the continuation of a trend that Vista 8 cemented, namely an inevitable demise of Microsoft's common carrier (and formerly cash cow), Windows

  26. Microsoft Claims to Have Built 'Windows' on Top of Linux, But Where is the Source Code (GPL)?

    Microsoft cannot rely on Windows anymore, so it takes GNU/Linux code and puts its own brand on it, without even releasing the changes (as per the GPL's requirements)

  27. Dutch Report: EPO Suicides Possibly Caused by Working Conditions Imposed by EPO's Management

    More press coverage about the terrible situation at the European Patent Office

  28. Links 21/9/2015: Tizen 3.0, Red Hat's Results Coming

    Links for the day

  29. European Patent Office Expands Censorship and Intimidation Against Staff as Pressure Mounts

    The management of the European Patent Office (EPO) continues to increase its repressive assaults on EPO staff, essentially blocking access to additional sites which explain what the EPO is really doing and why this is wrong

  30. Patents Roundup: Europe's and India's Software Patents Affair, US Continues to Demote Software Patents With Alice Case

    A roundup of news of interest regarding patents, especially software patents whose impact on Free/Open Source software is exceptionally profound


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