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

05.09.14

The US Patent System is Only Getting Worse as 92% of Patent Applications Now ‘Successful’, Everything Under the Sun Patented

Posted in Patents at 8:06 am by Dr. Roy Schestowitz

Innovation myth hinged on grossly lenient system

Bezos gives lecture

Summary: Amazon shows that it continues to be a major part of the patent problem (trying to patent every silly idea) not just the US but potentially also in Europe

THE USPTO, like several other pseudo-’federal’ agencies (controlled by corporations and/or lobbyists, e.g. the FCC) is totally out of control and over time it is getting increasingly detached from its original goal/s. It’s time to abolish or restart the USPTO, as we pointed out even half a decade ago.

In today’s news we have Amazon, which tries to legitimise software patents in Europe, getting a patent on photography against a white background. Yes, seriously.

As Timothy B. Lee points out, almost every patent application (in the US) now becomes a patent and this includes not only Amazon’s infamous “one-click” shopping but also photographing merchandise. As TechDirt put it:

US Patent Office Grants ‘Photography Against A White Background’ Patent To Amazon

The US Patent and Trademark Office is frequently maligned for its baffling/terrible decisions… and rightfully so. Because this is exactly the sort of thing for which the USPTO should be maligned. Udi Tirosh at DIY Photography has uncovered a recently granted patent for the previously-unheard of process of photographing things/people against a white backdrop… to of all companies, Amazon.

The USTPO deserves no more than zero legitimacy at this stage and as Glyn Moody recently pointed out in his talk, we need to keep this corrupt mess out of Europe:

Software Patents in Denmark: To Be or Not To Be?

Every week brings us new reports about the destructive effect of software patents in the US, and of a patent office there that is only too willing to grant them and other undeserving patents: an excellent if depressing article by Timothy Lee points out that the “allowance rate” – the percentage of patents that are eventually granted by the USPTO – is now a staggering 92%.

There are very good grounds for fearing that the imminent new Unitary Patent system will bring exactly the same problems to Europe, and yet there has been almost no discussion about it, certainly not here in the UK. Similarly, British citizens have not been asked whether they want this new system foisted on to them. You might say that’s an unreasonable thing to expect, since patents by their very nature are complex, specialised subjects. That may be true, but the fact that Denmark will be holding a national referendum on the subject in a few weeks’ time, shows that it can be done.

[...]

Today, we live in a very different world. In 2012, 469,000 patent applications were filed with the USPTO; 258,000 in Europe; 11,000 in Denmark alone. That is a world of inventive abundance, not scarcity. Some might say that’s great, and that it shows that the patent system is doing its job well, encouraging lots of inventors to come up with lots of inventions. But we need to look more closely at both the benefits and costs of that patent system, and its overall impact on the economy.

That’s precisely what a new research paper from Bessen, Neuhäusler, Turner and Williams entitled simply “The Costs and Benefits of United States Patents” attempts to do. It’s fairly long and complex – it’s written by economists, for economists – but its results are entirely straightforward.

The research looked at the costs and benefits to US companies of patents from 1984 to 2009. That’s particularly useful, since it embraces quite distinct periods in patenting. Overall, it found that the total benefits accruing to US companies from patents was around $385 billion. Calculating the total costs, which include indirect losses as well as the more obvious ones, was harder, and the authors of the paper came up with two different estimates based on slightly different methodologies.

There is no doubt that the USPTO is totally out of control. Keeping the USPTO at bay by preventing imperialist expansion of patents is essential right now. It has not been entirely successful over the years, but popular pressure played an important role not just in Europe but also in India, to name just one country. This is class war between billionaires or their corporations and everybody else.

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 1/9/2014: Poettering on systemd, ITNews on DBMSs

    Links for the day



  2. Moving Away From Windows to GNU/Linux and the Abandonment of Windows as the Modest Proposal These Days

    Morale of GNU/Linux and an embrace of GNU/Linux is very high, despite recent propaganda from Microsoft MVPs and boosters (primarily security-themed and Munich-themed FUD)



  3. Korean Press Slams Microsoft Over Patent Extortion Against Linux/Android as New Abuses Resurface

    Harsh words from the national press of South Korea as Nokia's role in Microsoft's anti-Linux tactics becomes more apparent



  4. More Good News About Patents and Their Demise in the United States

    A roundup of news about software patents and patent trolls in the land where these thrive



  5. Links 31/8/2014: Linux 3.12.27, Akademy 2014

    Links for the day



  6. Links 30/8/2014: Jailhouse 0.1, *buntu 14.10 Beta

    Links for the day



  7. Links 28/8/2014: Many New Games, CTO of Red Hat Steps Down

    Links for the day



  8. We Are Gradually Winning the Battle Against Software Patents

    The once-elusive war on software patents is finally leading to some breakthrough and even the Federal Circuit reinforces the trend of software patents' demise



  9. Free/Open Source Software (FOSS) Companies Versus FOSS Moles (VMware, Sonatype, Xamarin)

    A look at three entities which pretend to be pro-FOSS but are actually FOSS-hostile and very much determined to replace FOSS with proprietary software



  10. Links 27/8/2014: GNU/Linux in Space, China, LinuxCon

    Links for the day



  11. FUD Against Google and FOSS Security Amid Microsoft Windows Security Blunders

    In the age of widespread fraud due to Microsoft Windows with its back doors there is an attempt to shift focus to already-fixed flaws/deficiencies in competitors of Microsoft



  12. Microsoft Spin Watch: IDG Turns to More Microsoft Propaganda, Hires Microsoft Boosters

    Media in Microsoft's pocket is telling Microsoft's lies and deceives the public for Microsoft's bottom line



  13. Microsoft's Massive Tax Evasion Becomes Better Known

    A new report about Microsoft's admission that it plays dirty tricks with tax (sometimes using moles in government) is increasing awareness of Microsoft's criminal aspects



  14. Links 25/8/2014: China's Linux Revolution Imminent

    Links for the day



  15. Links 24/8/2014: GNU/Linux Specialisation and Benchmarks

    Links for the day



  16. Links 23/8/2014: GNU/Linux Growth

    Links for the day



  17. Microsoft-Funded Attacks on Android Security and Patent/Copyright

    A look back at examples of people who smear Android and are receiving (or received) money from Microsoft



  18. Blowback in Chile and Munich After Microsoft Intervention

    Microsoft's attacks on the digital sovereignty of countries involves lobbying, corruption, an attack on standards (e.g. ODF), an attack on FOSS policies, and even an attack on accurate reporting (truth itself)



  19. The End of Microsoft is Nigh

    A look back at a tough year for Microsoft and a not-so-promising future



  20. Links 22/8/2014: Linux Foundation LFCS, LFCE

    Links for the day



  21. UPS Burned by Microsoft Windows, Gives Away Massive Number of Credit Card Details

    UPS is the latest victim of Microsoft's shoddy back door with software on top of it (Windows); attempts to blame FOSS for data compromise actually divert attention from the real culprit, which is proprietary software



  22. Microsoft's Funding of ALEC and Other Systemic Corruption

    Microsoft role in writing of laws by proxy, via groups such as ALEC



  23. Microsoft is Still Preying on British Taxpayers, Playing Politics

    Some news from the UK showing how Microsoft uses politics to extract money out of taxpayers, irrespective of their preferences



  24. Microsoft's Patent Troll Intellectual Ventures is Collapsing as 20% of Staff Laid Off

    More good news regarding the demise of patents as Microsoft's leading patent proxy is collapsing more rapidly than anyone ever imagined and software patents too are collectively doubted



  25. Links 21/8/2014: Conferences of Linux Foundation, Elephone Emerges

    Links for the day



  26. Links 20/8/2014: Linux Event, GNOME Milestone

    Links for the day



  27. Corruption Watch: Microsoft Lobbying Designed to Kill Chile's Free Software Policy and Promote Microsoft With Subsidies, More Dirty Tricks Emerge in Munich

    icrosoft is systematically attacking migrations to GNU, Linux and Free software, using dirty tricks, as always



  28. Vista 8 Such a Disaster That Even Microsoft Cannot Cope With It, Vapourware Tactics Start Early

    Microsoft's Windows-powered services are failing and Windows gets bricked by Microsoft patches, whereupon we are seeing yet more of Microsoft's vapourware tactics (focusing in imaginary, non-existent versions of Windows)



  29. On BlackBerry and Other Patent Trolls

    A roundup regarding patent trolls, starting with the bigger and latest joiner, BlackBerry's new patents apparatus



  30. Links 19/8/2014: Humble Jumbo Bundle 2 Betrayal, Mercedes-Benz Runs GNU/Linux

    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