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

07.16.14

Software Patent Applications Already Being Rejected in the US Owing to SCOTUS Ruling, Some Patent Lawyers Are Fuming

Posted in Microsoft, Patents at 11:00 am by Dr. Roy Schestowitz

Small change

A restrooom

Summary: Good news on the software patents front as the USPTO starts rejecting software patent applications, based on patent lawyers’ words

There is a curious new piece from zealous patent lawyers who promote software patents and equate sales with need for patents, adding foolish statements like the conclusion below (from WatchTroll’s co-writer): “The Alice decision will no doubt take some time to shake out in the lower courts and perhaps some certainty (i.e., one or more tests for each step in the Mayo framework) will develop. In the meantime, I note that according to the U.S. Dept. of Commerce, the U.S. software and IT services industry had revenue totaling US$606B in 2011, with overall research and development spending of US$126.3B, and a U.S. workforce of nearly two million people. Further, a PriceWaterhouseCoopers report pegs the cumulative value of technology-related M&A activity for 2013 at US$99.8B, with software representing 25% of this total value and 35% of the total deal volume. This is a substantial amount of U.S. commerce that deserves stable and predictable patent law protection! Until then, code (and patent) on!”

This is a completely bogus argument, whose premise can be used to say the very opposite about software patents. Just because he ends with an exclamation point doesn’t mean he is right. Quite the contrary. These patent lawyers only care about themselves. The status quo of software patents is mostly beneficial to patent trolls, as pointed out by this new article that says: “Surveys dating back to 1996 and statements by leading visionaries in the area of software programming such as Richard Stallman show that most people in the industry are not in support of software patents. These show that reform is required in this area and most are of the belief that software development is impeded by the fact there may be patents and/or copyrights. These patents and/or copyrights may prevent them from releasing their product on to the market and may also cause monetary damage to them in terms of legal fees and lost sales arising out of potential litigation.”

Meanwhile, looking at the latest from Microsoft’s propaganda and FOSS mole blog, the company makes money out of taxing GNU/Linux, due to SUSE’s appalling complicity. This is what patents on software lead to.

While SUSE does continue to exist (although with diminished presence) people around the world should just boycott it. Microsoft wants software patents not to encourage innovation but to assure extortion; likewise, patent lawyers fight hard to re-frame the SCOTUS ruling because it limits their parasitic overreach which taxes software everywhere.

Going back to the previous article, let us remember who else benefits from software patents. This is a correlation that we noted numerous times before, especially when arguing that patent scope — not trolls — is the core issue and the way to tackle this issue. To quote just the conclusion: “The fourth chart depicts that unto 93% of patent litigations in the software area are being initiated by NPEs (Non-practicing entities) aka patent trolls; whereas for other technology areas, the percentage of patent litigations being initiated by NPEs are in a minority. The fifth chart depicts the percentage of patents with at least one invalid claim (as decided by the courts during the course of litigation), wherein the invalidity may be based on novelty and/or non-obviousness. 38% and 53% of the patents in the software and business method area respectively have at least one invalid claim; whereas only 27% of patents in the other technological areas have at least one invalid claim. Further, this chart also shows that 59% of patents assigned to trolls have at least one invalid claim. The sixth chart depicts the rising number of patent litigations in the courts, with chart #7 depicting that the ratio of litigations related to patents from the software/business method have been rising at an average of 2000 per annum. The ninth chart depicts the costs of patent litigation and the ever increasing trend of the costs.”

Gene Quinn, the WatchTroll himself, is a patent lawyer who is actively lobbying for software patents. Based on this important article from him (important for what he reports, not his commetary), things rapidly improve in the US as software becomes hard too patent and hence also hard to enforce through the courts. To quote the software patents booster himself: “A friend who handles large numbers of software patent applications for some of the most elite technology companies sent me an e-mail late last week about what he has already started seeing coming from patent examiners. He says he has seen the below form paragraph twice within a week. Most alarming, in one case the form paragraph came in the form of a supplemental office action, but the outstanding original office action didn’t have any patent eligibility rejections under 35 U.S.C. 101.”

Well, he is very much upset by this. He accuses the messenger. He says: “The claims are abstract because the claims do not recite limitations significantly more than an abstract idea. Truthfully, this rather ridiculous logical construct can’t be blamed on patent examiners when the Supreme Court refuses to provide a definition for what is an abstract idea.”

All software patents are abstract (not code), so they should all be seen as invalid. We explained this several times in the past month. This is something that lawyers struggle to grasp, either because they don’t want to grasp it (cognitive dissonance) or because they cannot.

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. Recognising the Death of Software Patents, Microsoft's Largest Ally in India Belatedly Joins the Linux-Centric Open Invention Network

    With the demise of software patents come some interesting new developments, including the decision at Infosys — historically very close to Microsoft and a proponent of software patents — to join the Open Invention Network (OIN)



  2. LG Not Only Suing Rivals Using Patents But is Also Passing Patents for Trolls Like Sentegra to Sue

    LG gives yet more reasons for a boycott, having just leveraged not just patents but also patent trolls in a battle against a competitor



  3. March 29th: The Day the Unitary Patent (UPC) Died

    Stating the obvious and proving us right amid Article 50 débâcle



  4. Kongstad and Battistelli Have Staged a Coup at the European Patent Organisation (EPO)

    Discussion about Battistelli and his chinchilla denying national representatives their rights and power to oust Battistelli, who is rapidly destroying not just the Office but also the whole Organisation, Europe's reputation, and the image of France



  5. Europe as the World's Laughing Stock When it Comes to Patent Quality/Scope and the Coming Appeals

    Criticism and embarrassing coverage for the EPO, which has just decided to grant patents even on genome, in defiance of a lot of things



  6. Links 29/3/2017: End of Linux Action Show, Top NSA Partner Pays Linux Foundation

    Links for the day



  7. In Attempt to Promote the Horrific UPC (Poor Quality of Patents Everywhere), Minnoye and Casado Cerviño Attack Their Own Staff for Saying the Truth

    An attack on truth itself -- the disintegration of the European Patent Office (EPO) -- carries on, after staff found the courage to tell delegates what had happened due to Battistelli's policies and incredible oppression that prevails and expands



  8. Another Likely Casualty of the Battistelli Regime at the EPO: Validity of Decisions of Terrified Boards of Appeal Judges

    Under pressure and habitual intervention from a demoralising, overreaching, and out-of-control President (from an entirely different division), examiners and judges 'normalise' the practice of granting patents on genetics -- a very slippery slope in terms of patent scope



  9. Benoît Battistelli 'Pulls an Erdoğan' Faster Than Erdoğan

    An explanation of what the imminent departure of Minnoye (this summer) will mean for Benoît Battistelli and his confidants, who now resemble some of the world's most ruthless dictatorships



  10. With Important Supreme Court Decisions Looming, Mainstream Media Tackles Patent Trolls

    The US Supreme Court (SCOTUS) will soon rule on TC Heartland and Lexmark, potentially restricting abusive patent behaviour even further (making room for freedom to innovate and for competition)



  11. IAM Magazine is Very Blatantly Promoting Patent Trolls and Their Agenda

    IAM Media, which produces a magazine every now and then while posting online every day, maintains its pro-trolls agenda, which is becoming so clear to see that it is definitely worth documenting yet again



  12. A “Perfect Recipe for Fraud” at the European Patent Office (EPO)

    How the world's leading patent office became a world-leading source of abuse, corruption, nepotism, injustice, incompetence, censorship, alleged bribery, pure deception, distortion of media, defamation, and suicides (among many other things)



  13. Techrights Was Right About the Unitary Patent (UPC)

    No Unified Patent Court in the UK and probably nothing like it in the rest of Europe any time soon (if ever)



  14. Patents on Life and Patents on Software Serve to Show That EPO Patent Quality Fell Well Behind the US (PTO)

    Anything goes at the EPO, except dissent; any patent application seems to be grantable, provided one uses simple tricks and persists against overworked examiners who are pressured to increase so-called 'production'



  15. Links 28/3/2017: Linux 4.11-rc4 Kernel Released, Red Hat Surge on Sales

    Links for the day



  16. The Crook Goes to Brussels to Lie About the Unitary Patent (UPC)

    The person who spent years lying about the UPC and severely attacking critics (usually by blatantly lying about them) goes to Brussels for another nose extension



  17. The EPO's HR Roadmap Retrospective

    A look back at the terrible ‘accomplishments’ of the Jesper Kongstad-led Administrative Council, which still issues hogwash and face-saving lies, as one might expect from a protector of Battistelli that lies to national representatives and buries inconvenient topics



  18. Links 26/3/2017: Debian Project Leader Elections, SecureDrop and Alexandre Oliva FSF Winners

    Links for the day



  19. His Master's Voice, Jesper Kongstad, Blocks Discussion of Investigative and Disciplinary Procedures at the EPO

    The Chairman of the Administrative Council of the European Patent Organisation is actively preventing not just the dismissal of Battistelli but also discussion of Battistelli's abuses



  20. Heiko Maas and the State of Germany Viewed as Increasingly Complicit in EPO Scandals and Toxic UPC Agenda

    It is becoming hard if not impossible to interpret silence and inaction from Maas as a form of endorsement for everything the EPO has been doing, with the German delegates displaying more of that apathy which in itself constitutes a form of complicity



  21. With IP Kat Coverage of EPO Scandals Coming to an End (Officially), Techrights and The Register Remain to Cover New Developments

    One final post about the end of Merpel’s EPO coverage, which is unfortunate but understandable given the EPO’s track record attacking the media, including blogs like IP Kat, sites of patent stakeholders, and even so-called media partners



  22. Everyone, Including Patent Law Firms, Will Suffer From the Demise of the EPO

    Concerns about quality of patents granted by the EPO (EPs) are publicly raised by industry/EPO insiders, albeit in an anonymous fashion



  23. Yes, Battistelli's Ban on EPO Strikes (or Severe Limitation Thereof) is a Violation of Human Rights

    Battistelli has curtailed even the right to strike, yet anonymous cowards attempt to blame the staff (as in patent examiners) for not going out of their way to engage in 'unauthorised' strikes (entailing dismissal)



  24. Even the EPO's Administrative Council No Longer Trusts Its Chairman, Battistelli's 'Chinchilla' Jesper Kongstad

    Kongstad's protection of Battistelli, whom he is supposed to oversee, stretches to the point where national representatives (delegates) are being misinformed



  25. Thanks to Merpel, the World Knows EPO Scandals a Lot Better, But It's a Shame That IP Kat Helped UPC

    A look back at Merpel's final post about EPO scandals and the looming threat of the UPC, which UPC opportunists such as Bristows LLP still try hard to make a reality, exploiting bogus (hastily-granted) patents for endless litigation all around Europe



  26. EPO Critics Threatened by Self-Censorship, Comment Censorship, and a Growing Threat to Anonymity

    Putting in perspective the campaign for justice at the EPO, which to a large degree relies on whistleblowers and thus depends a great deal on freedom of the press, freedom of speech, and anonymity



  27. Links 25/3/2017: Maru OS 0.4, C++17 Complete

    Links for the day



  28. Judge and Justice Bashing in the United States, EPC Bashing at the EPO

    Enforcement of the law based on constitutional grounds and based on the European Patent Convention (EPC) in an age of retribution and insults -- sometimes even libel -- against judges



  29. Looking for EPO Nepotism? Forget About Jouve and Look Closely at Europatis Instead.

    Debates about the contract of Jouve with the EPO overlook the elephants in the room, which include companies that are established and run by former EPO chiefs and enjoy a relationship with the EPO



  30. Depressing EPO News: Attacks on Staff, Attacks on Life, Brain Drain, Patents on Life, Patent Trolls Come to Germany, and Spain Being Misled

    A roundup of the latest developments at the EPO combined with feedback from insiders, who are not tolerating their misguided and increasingly abusive management


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