Bonum Certa Men Certa

US Patent System Utterly Broken and Threatens Expansion to Europe

Patent globalisation

Acropolis
Acropolis



Summary: Why the US-centric system (multinationals-serving), which ties together patents and courts for increased protectionism, is not at all designed to maximise productivity and how it is threatening to achieve gradual globalisation, with Europe as the next stop (through UPC/Unitary Patent)

The patent lawyers correctly point out that "A substantial number of patents being enforced today are involved in parallel proceedings."



"Invalidity would apply to a vast majority of these cases had the USPTO not been greedy and corrupt (seeking increased profit, lowing bars/standards to get there)."That is because the system (patent and juridical) is broken and notoriously wasteful. This is good for patent lawyers. "In a case decided today," say the lawyers, "the Federal Circuit says that the PTO's invalidity decisions trump prior Court Decisions."

The Court of Appeals for the Federal Circuit (CAFC) is doing nothing to address large-scale lawsuits (many defendants) and ridiculous patents, so this is hardly fixing the system. Invalidity would apply to a vast majority of these cases had the USPTO not been greedy and corrupt (seeking increased profit, lowing bars/standards to get there).

Recently, PTAB [1, 2, 3] destroyed some software patents and the lawyers take a look at it too. They also consider gene patents (after the recent SCOTUS ruling), noting that Myriad [1, 2, 3] is on the attack again:

In AMP v. Myriad, the Supreme Court ruled that the process of isolating naturally occurring DNA is insufficient to transform the natural phenomenon into a patentable invention. At the same time, the court ruled that a manmade cDNA version of naturally occurring human DNA is patent eligible.


What if those patents were simply not granted in the first place? There is no proper oversight ensuring the patent system can't go astray. That's why there is so much litigation (collateral mess) in the US and Europe is under threat of inheriting this collateral mess.

According to this, "The EU Presidency is planning an IP event in Vilnius, 8-9 October, stay tuned! http://bit.ly/10Dz8XN" (when patents are described as 'IP' it usually means broadening their scope and power).

Another tweet from the same pro-'IP' site says it "Wouldn't put money on anything to do with #unitarypatent or #UPC. But it will happen at some point ..."

Why? Evidence shows there are still big barriers. All that these things would achieve is saturation of patent trolling in Europe.

"All that these things would achieve is saturation of patent trolling in Europe."Following German action to ban software patents for good [1, 2, 3] there is more of the same as "Germany calls on EU to ban 'patent box' tax breaks". To quote The Guardian: "Germany's finance minister called on Tuesday for a ban on the so-called "patent box" tax break offered by Britain, Netherlands and some other EU members, which he says results in unfair competition for foreign investment."

Stuff like the above, the 'cult' of patents, is "why #patentTrolls are coming to #UE with #UnitaryPatent and #UPC," says Gérald Sédrati-Dinet. We have warned about it for years. There is still time to stop it, preventing software patents in Europe.

Recent Techrights' Posts

Comparing U.E.F.I. to B.I.O.S. (Bloat and Insecurity to K.I.S.S.)
By Sami Tikkanen
New 'Slides' From Stallman Support (stallmansupport.org) Site
"In celebration of RMS's birthday, we've been playing a bit. We extracted some quotes from the various articles, comments, letters, writings, etc. and put them in the form of a slideshow in the home page."
Thailand: GNU/Linux Up to 6% of Desktops/Laptops, According to statCounter
Desktop Operating System Market Share Thailand
António Campinos is Still 'The Fucking President' (in His Own Words) After a Fake 'Election' in 2022 (He Bribed All the Voters to Keep His Seat)
António Campinos and the Administrative Council, whose delegates he clearly bribed with EPO budget in exchange for votes
Adrian von Bidder, homeworking & Debian unexplained deaths
Reprinted with permission from Daniel Pocock
Sainsbury’s Epic Downtime Seems to be Microsoft's Fault and Might Even Constitute a Data Breach (Legal Liability)
one of Britain's largest groceries (and beyond) chains
 
People Don't Just Kill Themselves (Same for Other Animals)
And recent reports about Boeing whistleblower John Barnett
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 18, 2024
IRC logs for Monday, March 18, 2024
Suicide Cluster Cover-up tactics & Debian exposed
Reprinted with permission from Daniel Pocock
Gemini Links 19/03/2024: A Society That Lost Focus and Abandoning Social Control Media
Links for the day
Matthias Kirschner, FSFE: Plagiarism & Child labour in YH4F
Reprinted with permission from Daniel Pocock
Linux Foundation Boasting About Being Connected to Bill Gates
Examples of boasting about the association
Alexandre Oliva's Article on Monstering Cults
"I'm told an earlier draft version of this post got published elsewhere. Please consider this IMHO improved version instead."
[Meme] 'Russian' Elections in Munich (Bavaria, Germany)
fake elections
Sainsbury's to Techrights: Yes, Our Web Site Broke Down, But We Cannot Say Which Part or Why
Windows TCO?
Plagiarism: Axel Beckert (ETH Zurich) & Debian Developer list hacking
Reprinted with permission from Daniel Pocock
Links 18/03/2024: Putin Cements Power
Links for the day
Flashback 2003: Debian has always had a toxic culture
Reprinted with permission from Daniel Pocock
[Meme] You Know You're Winning the Argument When...
EPO management starts cursing at everybody (which is what's happening)
Catspaw With Attitude
The posts "they" complain about merely point out the facts about this harassment and doxing
'Clown Computing' Businesses Are Waning and the Same Will Happen to 'G.A.I.' Businesses (the 'Hey Hi' Fame)
decrease in "HEY HI" (AI) hype
Free Software Needs Watchdogs, Too
Gentle lapdogs prevent self-regulation and transparency
Matthias Kirschner, FSFE analogous to identity fraud
Reprinted with permission from Daniel Pocock
Gemini Links 18/03/2024: LLM Inference and Can We Survive Technology?
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 17, 2024
IRC logs for Sunday, March 17, 2024
Links 17/03/2024: Microsoft Windows Shoves Ads Into Third-Party Software, More Countries Explore TikTok Ban
Links for the day
Molly Russell suicide & Debian Frans Pop, Lucy Wayland, social media deaths
Reprinted with permission from Daniel Pocock
Our Plans for Spring
Later this year we turn 18 and a few months from now our IRC community turns 16
Open Invention Network (OIN) Fails to Explain If Linux is Safe From Microsoft's Software Patent Royalties (Charges)
Keith Bergelt has not replied to queries on this very important matter
RedHat.com, Brought to You by Microsoft Staff
This is totally normal, right?
USPTO Corruption: People Who Don't Use Microsoft Will Be Penalised ~$400 for Each Patent Filing
Not joking!
The Hobbyists of Mozilla, Where the CEO is a Bigger Liability Than All Liabilities Combined
the hobbyist in chief earns much more than colleagues, to say the least; the number quadrupled in a matter of years
Jim Zemlin Says Linux Foundation Should Combat Fraud Together With the Gates Foundation. Maybe They Should Start With Jim's Wife.
There's a class action lawsuit for securities fraud
Not About Linux at All!
nobody bothers with the site anymore; it's marketing, and now even Linux
Links 17/03/2024: Abuses Against Human Rights, Tesla Settlement (and Crash)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 16, 2024
IRC logs for Saturday, March 16, 2024
Under Taliban, GNU/Linux Share Nearly Doubled in Afghanistan, Windows Sank From About 90% to 68.5%
Suffice to say, we're not meaning to imply Taliban is "good"
Debian aggression: woman asked about her profession
Reprinted with permission from Daniel Pocock
Gemini Links 17/03/2024: Winter Can't Hurt Us Anymore and Playstation Plus
Links for the day