08.11.14

Another Depressing Look at the Patent Systems in the US and in Europe

Posted in America, Europe, Patents, Site News at 12:18 pm by Dr. Roy Schestowitz

The EU too is besieged by corporations

EU

Summary: A roundup of news about patent monopolies and in particular the immense power wielded by giant multi-national corporations that steer the debate and acquire trans-Atlantic monopolies on ideas, always against citizens’ interests

Some well-meaning people still focus on patent trolls, not on software patents. The world’s largest corporations engage in a coup or an occupation against policy-makers and it shows. This includes some who purport to be supporting FOSS, fair competition, etc. Melanie Chernoff, the Public Policy Manager for Red Hat, says that “North Carolina says ‘no’ to patent trolls”. To quote the article published this afternoon:

North Carolina became the latest state to take a stand against patent trolls when NC Governor Pat McCrory signed a new law last week aimed at preventing bad faith assertions of patent infringement. Patent trolls (more officially called “patent assertion entities” or “non-practicing entities”) are known for sending very vague letters, with often meritless claims, to other businesses in the hopes of extorting a settlement to avoid the nuisance of a lawsuit.

But this is not the thing to strive for. The real (core) issue is patent scope and even those who spend all their time diverting attention and/or arguing about “trolls” (front groups CCIA with its lawyers who are funded by giant corporations) increasingly — however rarely — recognise the issue of scope while still trying to shift attention to “trolls”.

The other day The Economist, widely recognised for its pro-Big Business agenda, published this article titled “Patents that kill”. To quote some of the relevant parts:

IN 1742 Benjamin Franklin invented a new type of stove, for which he was offered a patent. Franklin refused it, arguing in his autobiography that because “we enjoy[ed] great advantages from the inventions of others, we should be glad of an opportunity to serve others by any invention of ours.”

[...]

The pharmaceutical industry makes the best case for patents (and makes the most of patents when they are approved). Medical research and development (R&D) is costly. Moreover, although a patent application must be filed straight after a drug discovery, clinical trials necessary for drug approval may take several years. This shortens the effective life of the patent. As three economists argue in a recent paper this causes problems. In order to prove the efficacy of a drug, pharmaceuticals have to match the length of a clinical trial to the expected survival time of the patients. A clinical trial for patients with metastatic prostate cancer lasts only three years compared to an 18-year-long trial for those suffering from a milder, localised prostate cancer. Since a typical patent is in force for 20 years, firms only have two years of effective patent length left to commercialise a new drug against localised prostate cancer.

Here we deal with an issue that has nothing to do with patent trolls but with patent scope.

Dealing with the issue of European approach towards software patents, Glyn Moody put the words of some British patent lawyers in a frame of mind that assures us Europe is assimilating to the US (and USPTO), not the other way around. To quote Glyn Moody: “It would be easy to assume that the European Patent Office (EPO) stands in the same relationship to the European Union as the USPTO does to the United States, but that’s actually wide of the mark.”

There is corporate control of the USPTO, which is operating against the interests of US citizens (except the top 1% perhaps). The lawyers’ blog has apparently produced “a great piece, but its gentle humor exposes a serious point about the EPO: it is literally above the law.

“That emphasizes once more that the unitary patent system has been decoupled from the normal legislative and democratic processes of the European Union, and thus will be under no obligation to take heed of the economic interests of the European citizens.”

We are soon going expose corruption at the EPO, based leaks from a source which is pursuing encryption at the moment.

Moody continues: “There is no precedent in the political history of modern democracies where important property issues affecting the economic sustainability and development of a country, and the proprietary rights and business prospects of its people, were conclusively and exclusively taken by a judicial body at supranational level. A democratic policy-making process for the determination of patents as objects of property exists, of course, in all countries of the world, including the US, whose system the UPC tries to imitate. The difference is that the US unified patent system does not escape democratic control, and the economic policies that it serves are widely debated by legislators, judges, economists, lawyers and industry players, all of whom are residents of the same country.”

Finally, says Moody: “It’s still early days for the unitary patent and the Unified Patent Court, so it’s not yet clear how the new system will work, and how serious the problems will be. The danger is that Eponia might turn out to be not so much a quaint oddity in the European political landscape as a dangerous rogue state with serious negative consequences for the region’s businesses and citizens.”

The system is out of control at the moment. It gets worse as patents expand in terms of scope (especially in Europe but also in other continent) while the US merely makes baby-steps in the opposite direction, while much of the effort is being diverted towards “trolls” (small abusers), of course at the behest of large corporations, as usual in US politics as per the modus operandi.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2014/08/11/patent-systems-in-us-and-eu/

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 10/4/2021: Linux on M1, Wine 6.6, ClamAV 0.103.2

    Links for the day



  2. Lunduke: On Mob Justice in the Tech Industry

    A new video from the former Microsofter who fears the phenomenon that’s adopted by companies like IBM



  3. IRC Proceedings: Friday, April 09, 2021

    IRC logs for Friday, April 09, 2021



  4. EPOLeaks on Misleading the Bundestag — Appendix (Benoît Battistelli's Vichy Syndrome): Georges Henri Léon Battistelli and Charles Robert Battistelli

    Local copies with evidence of or something concrete about Benoît Battistelli’s connection to unsavoury — and by today’s standards outright fascistic — politics



  5. IBM Doubles Down on Masters Being an Acceptable Word in the Context of Technology

    3 days after this post which disproves IBM's stance or shows its double standards it once again says “Masters” in its official blog (won’t that offend and alienate some people as they insist?)



  6. Hate Letter Against Richard Matthew Stallman (RMS) Backfired So Spectacularly That Signers Asked to Revoke Their Own Signatures and the List Was Then Frozen Permanently (Updated)

    "An open letter in support of Richard Matthew Stallman being reinstated by the Free Software Foundation" tops 6,100 signatures (graph generated just moments ago)



  7. EPOLeaks on Misleading the Bundestag -- Part 11: The BMJV's Tweedledee: Dr Christoph Ernst

    The right-hand man of António Campinos plays a role similar to that of Herr Lutz before him



  8. Links 9/4/2021: Tanglet 1.6.0 and HPVM 1.0

    Links for the day



  9. The Libel Against Richard Stallman Did Not Age Well

    Almost 2 years down the line libel about the founder of the FSF remains online, uncorrected (in sites funded by Microsoft and IBM)



  10. The Letter in Support of the FSF and Richard Stallman is Backed by the International Community, Not American Monopolies and Nationalistic Elements

    Free software is for everybody to use, internationally, it is not the asset of a bunch of current and old monopolists (connected to the US military) that also control the media; the nature of the signatures says that out loud



  11. Gemini Over IPFS (Decentralised Web, Accessed Over Gemini Protocol)

    The Gemini protocol (gemini://) can already be used to fetch (at the back end) and present objects from a P2P-like network; we're currently exploring practical use cases and possibilities



  12. News Sites That Talk About Patents Have Become Shameless Self-Promotion 'Plugs' by Law Firms (and Sometimes Outright 'Spam' for Litigation)

    The sources of news about patent affairs have dried up; sites that actually used to investigate and report facts have since then shut down or defected to the Public Relations/marketing industry



  13. Links 9/4/2021: Kubernetes 1.21 and FFmpeg 4.4 Released

    Links for the day



  14. IRC Proceedings: Thursday, April 08, 2021

    IRC logs for Thursday, April 08, 2021



  15. [Meme] Self-styled Judges

    To suit a recurring theme at the EPO we hereby present Roland Lutz, a self-styled judge



  16. EPOLeaks on Misleading the Bundestag -- Part 10: A Faithful Lapdog Despised and Reviled by EPO Staff

    "In any event, the "Nazi" jibes directed against Lutz seem to have triggered Battistelli who decided to take revenge on his perceived enemies inside the EPO by smearing them as “Nazis”."



  17. Links 8/4/2021: GnuPG 2.3.0, Xen 4.15, Xfdashboard 0.9.2

    Links for the day



  18. The Hate Letter Which Backfired

    The FSF is more closely aligned with its founder's vision, his antagonists have left or are leaving, and that old hate letter turned out to be a loud minority (made to appear louder by biased media) emboldened by a gish gallop of lies



  19. IRC Proceedings: Wednesday, April 07, 2021

    IRC logs for Wednesday, April 07, 2021



  20. IBM: We Can Say It... You Cannot

    Blog posts such as this new one help show the hypocrisy or the double standards of IBM, looking to control speech while attacking people's (software) freedom/civil liberties and profiting from atomic bombs



  21. The Collapse of Microsoft Windows

    Although the corporate media keeps insisting that Microsoft is doing well, government (or military) bailouts keep the company afloat while its desperate attempts to remain relevant (as the common carrier languishes) merit a debate



  22. Links 8/4/2021: Mesa 21.0.2, GNU Releases, and Stable Kernels

    Links for the day



  23. Petition in Support of FSF's Decision to Put Its Founder in the Board Doubles Size of Hate Letter Propped Up by Corporate Media (Partly Funded by Monopolies)

    You cannot fool the population for eternity and there's a reflexive response to a campaign of misinformation, as the graph above shows; notice it keeps growing and growing, albeit not the defamatory one from the (Google-funded) Mozilla- and Red Hat-connected Luis Villa, who put in the GNONE Foundation Microsoft people



  24. EPOLeaks on Misleading the Bundestag -- Part 9: A Veritable Virtuoso of Legal Sophistry

    "Lutz is also reputed to be closely linked to the German branch of the influential UPC lobby group centred around Prof. Winfried Tilmann."



  25. He Said, Xi Said: Hard to Censor Techrights and It's More Than a Web Site

    An explanation of some of the latest Techrights changes (mostly work on IPFS and Gemini this week, as they complement the Web site)



  26. A Patent System for Giant Corporations Like Boeing and Airbus, Not for Ordinary European Citizens

    There's hardly any illusion left that the patent system in Europe is supposed to serve the public; instead what we're seeing is an office that lost sight of its purpose and is instead trying to make law firms and their largest clients richer



  27. Links 7/4/2021: Godot 3.3 RC 8, Canonical Targets Robotics

    Links for the day



  28. IRC Proceedings: Tuesday, April 06, 2021

    IRC logs for Tuesday, April 06, 2021



  29. Pro-Free Software Foundation Petition Soon Reaching 6,000 Signatures (and Still Rising Steadily)

    It seems rather apparent that not many people have been conned by the hateful corporations, their corporate media, and corporate-led (or funded) NGOs that insisted FSF should reject its very own founder



  30. Links 7/4/2021: “Getting Things GNOME” Reaches 0.5, IBM Boasts Its Role in Masters

    Links for the day


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

Recent Posts