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

07.10.13

The Patent Lawyers in the EU and NZ Must Not Decide on Patent Policy Including Software Patents

Posted in Europe, Patents at 1:22 am by Dr. Roy Schestowitz

Two lawyers

Summary: Two of the primary battlegrounds defining the future of software patents are infiltrated by special interests, representing less than 1% of the population

The EPO and the EU Patent are two of the forces which strive to expand the scope of patents to software, even in Europe. Lobbying from multinationals such as Microsoft contributed to that. A few days ago we saw a law firm trying to tilt the debate while patent lawyers framed the issue as trying to “limit” software patents (which are already sort of banned). See the article “German proposal to limit software patenting”. They want to reinforce a ban, not to limit software patents [1, 2, 3]. The author somehow ties Open Source into it when he concludes with: “Reform recommendation 3 is vague. As mentioned above, open source is often attractive but may not always provide the best solution – either in terms of guaranteeing long term investment in research and technical innovation, or in terms of meeting current commercial needs. The patent system provides important incentives for research and investment, and great care is needed before creating exceptions that will bypass long-established and effective laws and change the commercial landscape.”

Research does not require patents. That’s a myth. Investment does not necessitate monopolies, either. Academia is a good example of that. Over in New Zealand there is a similar war being waged by patent lawyers against the rest of the population. This new analysis we found says:

Last month, the IT sector in New Zealand celebrated the passing of a bill that removes the patentability of software, perceived to be a major barrier to software-led innovation, from the Patents Bill.

In fact, many countries around the world either already forbid software from being patented, or are in the process of doing so. But, isn’t a patent supposed to help innovation, so why would any government forbid software from being patented in their country?

A patent gives an inventor the monopoly on the use of their idea for an extended period of time. In return, the inventor has to disclose the secret behind the invention to the public. The system is designed to induce the sharing of idea and knowledge, something which would have been kept secret if there were no such system in place.

The designers of the patent system believed that the sharing of knowledge behind inventions would lead to more invention, which would in turn lead to general benefits to society.

No, this is not the case. In the age of the Internet dissemination of ideas — especially software ideas — is very simple and it is rewarded in various ways. Throwing in the word “innovation” is pointless as it’s mostly a marketing term. Society does not benefit from monopolies but from a maximal sharing if knowledge, which speeds up what the author can call “innovation”. The author, Jay Jootar, is a management guy, not an engineer. It’s not surprising to see the debate starting like this, but like many VCs he recognises that patents mostly benefit the large multinationals (of which New Zealand has almost none that’s domestic). To quote his final words:

Big companies accumulate patents, not to use them for innovation, but to protect themselves in patent disputes by counter-suing the other parties. A case in point is Google’s acquisition of Motorola and its patents to protect itself from lawsuits by Apple and Microsoft, among others.

The software patent obviously has no benefit whatsoever for society, innovation and tech start-ups.

What about Thailand? Luckily, we are among the countries that do not allow software patents, except for special circumstances. This is one of a few things we have done right. Hopefully, no one is clueless enough to change that.

The fear here is that lawyers at various levels are hijacking the debate about software patents, striving to make those expand outwards from the United States. Developers and ordinary people who buy electronics need to intervene more.

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 30/8/2016: Fedora 24 Reviewed, Ubuntu Patched

    Links for the day



  2. Links 29/8/2016: Linux 4.8 RC4, Maru OS Source Code

    Links for the day



  3. Let Them Eat Patents

    A reality check regarding software patents and regarding those who truly benefit from an expensive patent system with an even more expensive litigation process/proceedings



  4. Nothing Whatsoever Has Improved at the European Patent Office, It's Just Summer's Recess (and Silence)

    The European Patent Office (EPO) has done absolutely nothing to improve the work atmosphere, it just alters the marketing strategy somewhat



  5. Links 28/8/2016: Q4OS 1.6, ConnochaetOS 14.2

    Links for the day



  6. The United States Has Gotten Over Software Patents

    A roundup of new articles about software patents in the United States, 2 years into the post-Alice era (the US Supreme Court deeming patents on software too abstract to have merit)



  7. More Lies From President Benoît Battistelli and the EPO Crisis Which Continues to Deepen

    The European Patent Office (EPO), collectively speaking, is still wrestling with a Battistelli infiltration (a circle of high-level managers) which habitually lies and viciously attacks those who dare counter these lies



  8. Links 27/8/2016: Torvalds and GPL, “DOD Must Embrace Open-Source Software”

    Links for the day



  9. Links 26/8/2016: Maru OS Resurfaces, Android More Reliable Than 'i' Things, PC-BSD Becomes TrueOS

    Links for the day



  10. Good Job, David Kappos, Says the 'Boss' (IBM)

    Responses to the latest call against Alice (eliminator of many software patents), courtesy of the man from IBM (still paid by IBM) who was responsible for the policy that blindly approved a lot of software patents in the US



  11. Being for Patent Quality or Against Patenting Excess Does Not Make You Anti-Patents

    Like IAM, which tries to portray sceptics and critics of software patents as "anti-patents", IP Watchdog (or Watchtroll as we call it) is 'trolling' the Electronic Frontier Foundation, simply because it expressed an opinion that patent maximalists cannot tolerate



  12. Erosion of Patent Quality Enables Patent Extortion With Large Portfolios of Low Validity Rate

    Revisiting the EPO's vision of poor patent examination and the effect of discriminatory granting practices, favouring patent bullies such as Microsoft (which actively attacks Linux using low-quality and usually pure software patents)



  13. The EPO's Francesco Zaccà Presenting in Turin Alongside Patent Trolls (Like the Patent Mafia Sisvel) and Lobbyists/Front Groups for Software Patents, UPC

    Benjamin Henrion (FFII) on seeing the EPO alongside patent trolls and other nefarious actors, doing what they do best, which is undermining public interests and harming patent quality



  14. The EPO, USPTO, and Patent Microcosm Peddle Myths About Patents in Public Universities and Research

    Tackling some of the commonly-spread myths about patents as "saving lives" and "promoting research" (in practice leading to the death of poor people and promoting trolls)



  15. Large Corporations' Lobbyist David Kappos Disgraces Former Employer USPTO by Meddling in Their Affairs on Software Patents, Downplaying the Supreme Court

    The latest lobbying from David Kappos, who blatantly exploits his connections in patent circles to promote software patents and work towards their resurgence after Alice v CLS Bank



  16. Journal of Intellectual Property Law and Practice Calls the European Patent Office “Rotten”, Other Sources Scrutinise Recent Moves

    The patent office which was once known for being the best bar none is rotting under the Frenchman Benoît Battistelli, who made himself and his friends the main clients of the Office



  17. PTAB Emerges as Hero of USPTO Because Quality of Patents Improves, Software Patents Are Effectively Dead (or Dying Once Reassessed)

    With help from the Patent Trial and Appeal Board (PTAB) -- not just patent courts -- software patents drop like flies by the thousands



  18. Creative Technology, Now Operating in 'Patent Troll' Mode, Shot Down by the ITC; Jawbone Too Shot Down

    Some good news from the U.S. International Trade Commission (ITC), which may have put an end to Creative's new war on Android (using old patents)



  19. Corporate Media in India Misrepresents Startups to Push for Software Patents

    A parade of misinformation as seen in Indian (but English-speaking) press this week as questions about patentability of software resurface



  20. Links 25/8/2016: Linux Turns 25, NetworkManager Turns 1.4

    Links for the day



  21. Links 24/8/2016: More From LinuxCon, Uganda Wants FOSS

    Links for the day



  22. Links 23/8/2016: GNOME 3.22 Beta, Android 7.0 Nougat

    Links for the day



  23. The Linux Foundation Gives Microsoft (Paid-for) Keynote Position While Microsoft Extorts (With Patents) Lenovo and Motorola Over Linux Use

    This morning's reminder that Nadella is just another Ballmer (with a different face); Motorola and Lenovo surrender to Microsoft's patent demands and will soon put Microsoft spyware/malware on their Linux-powered products to avert costly legal battles



  24. Not Just President Battistelli: EPO Vice-Presidents Are Still Intentionally Misrepresenting EPO Staff

    Evidence serving to show that EPO Vice-Presidents are still intentionally misrepresenting EPO staff representatives and misleading everyone in order to defend Battistelli



  25. Battistelli the Liar Causes a Climate of Confrontation in French Politics, Lies About Patent Quality (Among Many Other Things)

    Battistelli's lies are coming under increased scrutiny inside and outside the European Patent Office (EPO), where patent quality has been abandoned in order to artificially elevate figures



  26. The Collapse of Software Patents and Patent Law Firms Trying to “Overcome” Alice

    The United States continues its gradual crackdown on software patents (which are viewed as abstract and thus unpatentable), whereas in Europe things are murkier than ever



  27. Apple's Patent Wars Against Android/Linux Make Patent Trolls Stronger

    Apple's insistence that designs should be patentable could prove to be collectively expensive, as patent trolls would then use a possible SCOTUS nod to launch litigation campaigns



  28. Links 22/8/2016: Linux 4.8 RC3, Linux Mint 18 “Sarah” KDE Beta

    Links for the day



  29. Links 21/8/2016: Apple and Microsoft Down, Systemd Spreading to Mount

    Links for the day



  30. Links 20/8/2016: Android Domination, FSFE summit 2016

    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