06.19.13

Gemini version available ♊︎

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

Posted in Patents at 1:43 am by Dr. Roy Schestowitz

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.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 20/1/2022: McKinsey Openwashing and Stable Kernels

    Links for the day



  2. IRC Proceedings: Wednesday, January 19, 2022

    IRC logs for Wednesday, January 19, 2022



  3. Links 20/1/2022: Linuxfx 11.1 WxDesktop 11.0.3 and FreeIPMI 1.6.9 Released

    Links for the day



  4. Links 19/1/2022: XWayland 22.1 RC1 and OnlyOffice 7.0 Release

    Links for the day



  5. Links 19/1/2022: ArchLabs 2022.01.18 and KDE's 15-Minute Bug Initiative

    Links for the day



  6. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  7. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  8. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  9. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  10. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  11. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  12. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  13. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  14. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  15. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  16. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  17. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  18. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  19. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  20. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  21. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  22. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  23. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  24. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  25. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  26. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  27. Links 16/1/2022: Tsunami and Patents

    Links for the day



  28. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  29. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  30. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious


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