Bonum Certa Men Certa

White House Should Identify USPTO as the Problem, Not Patent Trolls

David Kappos
USPTO's most recent head and software patents apologist, IBM's David Kappos



Summary: Continued analysis, accompanied by new stories, of the patent situation and what is needed to address the increasingly recognised harms of patents

Patent trolls are a major source of harm, but they are not the principal source, never mind what the White House is trying to tell us [1, 2, 3]. The corporations-leaning USPTO, with its ludicrous monopolies on algorithms constantly and endlessly (without boundaries) being granted to companies large and small, is the real problem. According to this post, even dining businesses are seriously affected by USPTO stupidity, To quote: "Innovative Wireless Solutions LLC, a non-practicing entity [....] filed 40+ lawsuits in the Eastern District of Texas against a variety of hotels, hotel chains, and restaurants/coffee shops/delis" (over patents).



Even the ITC is playing a role in this problem. It gives 'teeth' to the USPTO.

Watch the moronic arguments of this man who defend patent trolls getting dismantled one by one:

Former Sen. John E. Sununu has an op-ed in the Boston Globe today that perfectly encapsulates the talking points of those who oppose efforts to clamp down on patent trolls.

[...]

Of course, former Sen. Sununu said that, although to be fair he was talking about banks, not inventors.

But this isn’t about pointing out hypocrisy. It’s about examining incentives. What kind of incentive is it if a person can make a fortune simply by getting a patent, instead of having to develop the patent into a business? We won’t get more innovation; we’ll just get more patents and more lawsuits, which is exactly what’s happened.

As the Obama Administration’s recent study showed, for every dollar a patent troll makes, the defendants who paid them lose ten dollars. That’s a net loss to the economy. Clearly, the incentives are wrong. We should be incentivizing entrepreneurship, not patent lottery tickets.


The Troll Tracker has its own take. Trolls are not the sole issue though.

An international team produced this paper (from Hall el al.) in which it recently explained why patents won't help Europe. It's a continent where small by businesses are abundant and trolls hardly exist. To quote the abstract:

A surprisingly small number of innovative firms use the patent system. In the UK, the share of firms patenting among those reporting that they have innovated is about 4%. Survey data from the same firms support the idea that they do not consider patents or other forms of registered IP as important as informal IP for protecting inventions. We show that there are a number of explanations for these findings: most firms are SMEs, many innovations are new to the firm, but not to the market, and many sectors are not patent active. We find evidence pointing to a positive association between patenting and innovative performance measured as turnover due to innovation, but not between patenting and subsequent employment growth. The analysis relies on a new integrated dataset for the UK that combines a range of data sources into a panel at the enterprise level.


The patents boosters, in the mean time, are confirming that UPC (unitary patent) would aid trolls in Europe and turn British lawyers into trolls. Jack Ellis writes:

Experts suggested that patent litigators based in England could be the counsel of choice for many Unified Patent Court (UPC) plaintiffs at a debate on litigation finance held in London last week.

Panellists at the discussion, held at the offices of litigation finance and insurance broker The Judge, suggested that recent civil litigation costs reforms in the United Kingdom and the increasing sophistication of the country’s litigation funding market could make the services of British practitioners especially attractive to patent owners seeking to assert their rights in the UPC.

Once established, the UPC will cover at least 13 countries, including France, Germany and the United Kingdom; at most it could hold jurisdiction over all 25 signatory states, with the prospect that Poland and Spain – which have opted out of the UPC for the time being – and any future European Union members could come on board at a later stage. “Either way you look at [the UPC jurisdiction], it will at least be comparable to the United States in terms of GDP and population,” said panellist Alan Johnson, partner at Bristows. “Around about 600,000 patents will suddenly be able to be litigated on a pan-European basis. In addition to a wider injunction being available, higher damages will also be possible. Almost as certainly as night follows day, you can see a group of patentees thinking right now about where they can enforce [in the UPC].”


Nazer [1, 2], who recently focused on trolls more than on software patents, finally returns to talking about patent scope in relation to this ruling on a SAP case. He says:

The long-running patent battle between Versata and SAP saw a lot of action this week. Back in 2007, Versata filed a lawsuit claiming SAP infringed a patent on a method “for pricing products in multi-level product and organizational groups.” This dispute – which raises important issues about patents and software – is proceeding both in the courts and at the Patent Office. Yesterday, EFF joined an amicus brief supporting SAP at the Federal Circuit, where SAP is arguing that it does not infringe. Meanwhile, at the Patent Office, SAP won a landmark ruling finding that the invention was not patentable because it merely covers an abstract idea.


This case showed failure at the USPTO more than anything else and a European company, SAP, was affected the most. It is time to shun the USPTO, the source of many of today's problems, including impeded innovation. We don't need then USPTO to document and publish ideas anymore, we already have the Internet. The USPTO got warped into a protectionism apparatus, not a source of knowledge.

Recent Techrights' Posts

Ageism in Tech
Your protocol is "old"...
In Norway, Android/Linux Has Just Hit All-Time High (First Time Since 2020), GNU/Linux Already Very Prevalent
Despite its small population size, Norway gave us Qt and many other things
Microsoft's Mass Layoffs Very Wide-Ranging, Media Focused on Gaming Though Microsoft Mass-Firing Lawyers and "AI" Staff (Contradicting Its Supposed "Investment" in "AI")
Microsoft plans to fire almost half a thousand people in legal roles
2012 Article About the Free Software Foundation Blasting Canonical/Ubuntu Over Adoption of "Secure" Boot (Microsoft's Remote Control Over GNU/Linux Since PCs' Power-on)
By Katherine Noyes (article has since then became 404, not found)
Debian Can Dump Blind Users Because I am Not Blind
the sort of mentality we're up against
The European Patent Office Cannot Attract Proficient Patent Examiners Who Master Their Domain
They are enablers and facilitators of corruption
 
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025
Gemini Links 19/07/2025: Git For Authors and Filtered Antenna
Links for the day
UEFI 'Secure' Boot Abuses by Microsoft to be Brought Up in the UK High Court in 3 Months
we'll seek compensation
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Next Year It'll Be Half a Decade Since the Fall of Freenode (and IRC is Still Doing OK)
Our IRC network is still accessible using the exact same software that ran in Windows 3.x
Lupa Will Soon Know of 3,100+ Active Gemini Capsules
And some people in the "Small Web" try to tell us that Gemini is dying?
The Slopfarms Are Taking Real News Articles and Replacing Them With Lies Generated by Machines
Bluntly speaking, Fagioli is nothing short of an online scammer
Links 19/07/2025: Techtarget to Cull 10% of Staff, New Threats to Free Press in the US (Home of Dangerous and Violent Stranglers From Microsoft)
Links for the day
Gemini Links 19/07/2025: "Climate Justice” and Forking Programs
Links for the day
What Wayland and Microsoft/IBM systemd Have in Common
focus on what IBM (Red Hat) is pushing while running over critics.
Linux Already Has About 60% of the "Market"
"When mentioning the client side," opines an associate, "it is essential to recite the list of other markets where Microsoft is negligible or a no-show. It is repetitive to do so, but it needs saying -- often."
Finland (and NATO) Must Move to GNU/Linux and Dump Microsoft Even Faster
"Microsoft is not a technology problem, it is a staffing problem."
The Microsofters We Sued Helped Microsoft Make GNU/Linux 'Expire' This Year
"Linux and Secure Boot certificate expiration"
linuxconfig.org Joins linuxtechlab.com and Others, Becomes a Slopfarm With Fake Linux 'Articles' (LLM Slop)
They contain "linux" in their domain names, but they are just slopfarms
Links 19/07/2025: Microsoft Cuts in China and Wall Street Journal Sued for Reporting on Jeffrey Epstein
Links for the day
Fascistic Policies Got 'Normalised' in 'Public Office'. Let's Not Let the Same Happen in 'Tech'.
Political discourse typically guides what's "normal" and what "good citizens" should believe/feel
Yes, Your Mastodon Instance Will Also Shut Down
Few people run a one-person instance in the Fediverse
The Demise of GAFAM Necessitates Greater and Broader Awareness
Morale at Microsoft is really bad
Free Software Foundation Reaches 75% of Funding Goal
Not bad for this "Fosschild"
Slopwatch: 7 New Examples of Fake 'Linux' Slop Pieces (Plagiarism With Misinformation)
Serial Sloppers need to be shunned
Links 19/07/2025: Kapo-berg Settles, Software Patents Challenged
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 18, 2025
IRC logs for Friday, July 18, 2025
Links 18/07/2025: Peace With PKK and Connie Francis Dies
Links for the day
Gemini Links 18/07/2025: Alhena 5.1.8 and Bornhack 2025
Links for the day
How to Top Up a "Limited Liability" With Even More Limitations (Dodging Accountability in the UK)
Some people call it a "shell game". Sometimes it's done for tax evasion purposes.
Free Software Foundation, Inc. (FSF) Inches Towards 75% of Fund-Raising Target
Will the cutoff date be extended again?
Gemini Space (or Geminispace) Grows, But Usage of Certificate Authority Let's Encrypt Drops Further
Ideally, all Gemini capsules should use self-signed certificates
Links 18/07/2025: More Microsoft Layoffs in Activision, The New Stack (Sponsored by Microsoft) Complains About Openwashing
Links for the day
Gemini Links 18/07/2025: OCC25 Gnus for Reading Usenet and RSS Feeds, Small Web Updates
Links for the day
[Meme] 9AM Meeting at Brett Wilson LLP
Brett Wilson LLP in space
Listing as Staff People Who Left the Company More Than Six Years Earlier
There are apparently no laws against that
Brian Fagioli Shovels Up LLM Slop (Plagiarism) Onto Slashdot, Then Uses Slashdot for Affirmation or as Badge of Honour
Notice how some of his latest slop is presented ("as featured on Slashdot")
Social Control Media Productivity
Snapping photos of the bone
The Law Firm SLAPPing Us For the Microsofters Lost 72% of Its Tangible Assets in the Past Year, According to Its Own Reports
That might help explain why they're willing to tolerate serial stranglers from Microsoft as clients
Slopwatch: LinuxSecurity.com Slopfarm and Slopfarms Propped Up by Google News
"As LLM slop is foisted onto the WWW in place of knowledge and real content, it now gets ingested and processed by other LLMs, creating a sort of ouroboros of crap."
Links 18/07/2025: Weather Events and Health Hazards
Links for the day
Microsoft's All-Time Low in Finland
Microsoft is in a freefall
Security: Shane Wegner & Debian statement of incompetence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 17, 2025
IRC logs for Thursday, July 17, 2025