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

06.19.13

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

    Links for the day



  2. 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]



  3. 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



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

    Links for the day



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

    Links for the day



  6. 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



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

    Links for the day



  8. 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



  9. 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



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

    Links for the day



  11. 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



  12. 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



  13. 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



  14. 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



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

    Links for the day



  16. 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



  17. 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



  18. 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



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

    Links for the day



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

    Links for the day



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

    Links for the day



  22. 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



  23. 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



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

    Links for the day



  25. EPO Staff Protests Today and Protested Last Week, Targeting Corruption in the Institution

    PO staff is demonstrating against abuse by the management of the EPO, today we well as in prior days



  26. Links 7/12/2014: New Linux Release, Marines and Prisoners on GNU/Linux

    Links for the day



  27. EPO Scandal: Benoît Battistelli's Arrogance Recognised by European Delegations

    Battistelli’s Nixon moment and the evasive nature of his approach towards external delegations that are troubled by his behaviour



  28. CBS Brushing Aside and Away Microsoft's History of Blackmail and Bribes Against Linux

    Putting in context some of the poor reporting (or whitewash) regarding Microsoft's bribe (disguised as "partnership") to Barnes & Noble



  29. Links 7/12/2014: Typhoon Hagupit, AURORAGOLD

    Links for the day



  30. EPO Imploding: Battistelli Throws a Fit at EPO's Investigation Unit

    Patent institution of Europe is showing signs of tear as protests intensify and suppression of these protests -- as well as suppression of investigation -- intensifies as well


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