Bonum Certa Men Certa

Better Watch Out or the United States Will Export Software Patents to Europe, Along With Patent Trolls

The lobbyists are evidently and demonstrably working behind the scenes

Unitary Patent
Picture from FFII



Summary: The growing risk of an 'export' of patent trolling through increasingly corporations-leaning globalisation (e.g. trade agreements) in Europe

IN THE UNITES STATES there is plenty of talk about patent reform (it's everywhere in the media), but the existing reform is pretty weak if not altogether bogus as it's designed to discourage participation by small patent aggressors for large corporations' sake [1, 2, 3, 4]. It's already weakened by lobbyists of these large corporations, as always.



IAM's patent maximalists, as we last mentioned a day ago in light of glorification of patent aggressors, is all for it. "There is a reason US patent owners with infringement issues like the German system," it wrote, "look forward to the UPC" (see what we previously wrote about the UPC in relation to Europe; it is helping patent trolls expand to Europe). Rather than a reform it's a revolution, exploiting the merger of European member states to launder some laws on behalf of large corporations. We should definitely keep an eye on this. As Richard Stallman warned some years ago (well before the Benoît Battistelli era), EPO staff "went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money. One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

"Rather than a reform it's a revolution, exploiting the merger of European member states to launder some laws on behalf of large corporations."The capital of patent trolls, Texas, where software patents run like water, must be licking its lips in anticipation for this long-promised European expansion (taking their racket to another wealthy continent). As the EFF's article "Judges in Texas Unfairly Impose New Requirements on Patent Defendants" serves to show, Texas has high hopes for patent trolls. It's all about profit (a hoard at programmers' expense) for some opportunistic lawyers. Engadget, for example, wrote: "Federal courts might have made it harder for patent trolls to sue over vague ideas, but the Eastern District of Texas (the trolls' preferred venue) just put the ball back in their court. Some judges in the region now demand that the targets of these lawsuits get permission before they file motions to dismiss cases based on abstract concepts. If the defendants don't show "good cause" for needing those motions, the lawsuits go ahead -- and historically, that means that the trolls either win their cases or extract settlements from companies unwilling to endure the costs of a prolonged legal battle."

These parasitic creatures -- patent trolls -- are already causing huge financial damage in the United States. Financial organisations are reportedly taking action. To quote one new report: "Financial services organizations are continuing to urge Congress to pass legislation that combats patent abuse. They’re claiming demand letters from so-called "patent trolls" signify a great and growing threat to financial service organizations.

"NAFCU, CUNA, the Independent Community Bankers of America, the American Bankers Association, the American Insurance Association, The Clearing House, Financial Services Roundtable, NACHA and The National Association of Mutual Insurance Companies have asked Congress to adopt needed legislation to stop abusive practices from law firms representing patent assertion entities."

"These parasitic creatures -- patent trolls -- are already causing huge financial damage in the United States."On the other hand, a venture capital trade group defends the trolls. As Fortune put it: "The latest attempt by Congress to curb the problem of “patent trolls” is on the ropes yet again, and this time the opposition is coming from an unlikely source: The National Venture Capital Association, a trade group which is taking steps to water down patent reform legislation, even though many of its members are vocal advocates for it."

Andy Updegrove, a lawyer for the Linux Foundation, has meanwhile spoken to a European trade group (OFE), discussing the US patent 'reform' and software patents here in Europe. Below are some of the relevant parts of this interview:

MB: I would like to talk about patent reform. I know you have done quite a lot of work on this and so I was wondering if you could give our readers - particularly those in the EU who might not have been following the debates so closely - a top-level view of the current state of patent regulation in the US.

AU: Patent reform suffers from several challenges. One of which is the concept of the patent as a one size fits all, legally speaking. In software there is little doubt that the engineer would create an invention with or without patents and indeed in the US until the late 1990s, software was not even recognised as being patentable. And yet there was an enormous amount of software written in the golden age of software. You could even say that the first golden age of Operating System development occurred when patents were not available for them at all. And indeed in Europe the ability to patent software is very limited and yet innovation continues. So my personal belief is that there would be just as much innovation in software if patents were to become unavailable today....

MB: And what has the US Government and US Congress done to address this? Can you talk a little bit about the policy and legal rather initiatives that have been put forward to address concerns around "patent trolls".

AU: There is a lot of lobbying in the US on this, especially from large patent holders. But you have to understand that these companies are both patent owners and patent consumers. So they have a very schizophrenic relationship as well. In fact, many of the companies with the most patents comparatively rarely actually sue anyone for infringement. They worry as much about being sued by other owners of patents, so at the same time as they invest enormous amounts of money in patents they also want to have a patent system where they can defend themselves successfully when they think that they are being sued unfairly. So there is something of a check and balance and it would be wrong to assume that most high-tech companies necessarily campaign against reform. They in fact are in favour of legislation that would curtail trolls....


These fragments of text about software patents and the so-called 'reform' ought to remind us of the great dangers posed by the corrupt EPO, where expansion of patent scope has been a strategic focus. We have written about this for nearly a decade now.

Expect the secretive trans-Atlantic 'agreements' (between rich people on both sides of the ocean) to deal more and more with patents, blurring the continental gaps that currently guard many European businesses from an abundance of patent trolls in north America. Actors who do this are usually lobbyists or front groups that also paved the way to software patents in Europe.



Recent Techrights' Posts

Slopwatch: The March of Slopfarms, From UbuntuPIT to Linux Journal and to Various Fake Sites Still Promoted by Google News
It's so worrying to see what the Web has become
Links 29/10/2025: CISA, Ukraine, and Amazon Problems
Links for the day
[Teaser] The EPO's Spokesperson, a Cocaine User, Fancies Young Women
How's that for "optics" in the EU and Europe's second-largest institution?
How Will António Campinos Respond to the EPO's 'Cocainegate'?
That's the same thing we saw and still see when the press deals with enablers and partners of Jeffrey Epstein
Join Us Now and Share the News - Part IV: There Cannot be Free Software Without Free Press and Free Information
One day, one can hope, more people will recognise that for Software Freedom we need free press and free thinkers
Join Us Now and Share the News - Part III: Principled Stance Is Never Cheap
Protecting the truth and insisting that the general public is made aware of things that really happened isn't cheap
Join Us Now and Share the News - Part II: Because Scarcity of Accurate Information Breeds Collective Ignorance
we too will strive to share information that's aggressively suppressed
Gemini Links 28/10/2025: More New Arrivals at Geminispace, xkcd on "Document Forgery"
Links for the day
Join Us Now and Share the News - Part I: Defence of the Truth
This year we make a very strong, firm statement for truth, even if that means explaining our work to the top media judge in the country
Links 28/10/2025: Meta and Fentanylware (CheeTok) Age-Restricted Down Under, "Britain Needs China’s Money"
Links for the day
Links 28/10/2025: Mass Layoffs at Amazon and Charter to Cut 1,200 Jobs
Links for the day
The Cocaine Patent Office - Part II: The Person Who Planted Paid-for Fake News for the European Patent Office (EPO) is a Cocaine User, Friend of António Campinos, Now on Record as Having Been Arrested
Background: High-level manager at the European Patent Office caught in public with cocaine, arrested
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 27, 2025
IRC logs for Monday, October 27, 2025
Google News Drowning in Slop (and Slopfarms That Hijack About Half the Results)
Google News seems to be drowning in this stuff
Gemini Links 28/10/2025: "How to Maximize Your Positive Impact" and ASCII Art and Artist Attribution
Links for the day
PETA and Activism
Being staff or volunteer in PETA isn't easy
Big Blue, Huge Debt
debt will soar again
Links 27/10/2025: Mass Surveillance Sold as "AI", People Reluctant to Lose Physical Media
Links for the day
Parties and Milestones Again
we've begun putting up about 40 balloons
Techrights' 19th Anniversary: Bronze
Time to go back to preparing for this anniversary
Our Latest European Patent Office (EPO) Series Will Last Several Weeks, Will Ask the EPO Management and the European Union (EU) Very Difficult Questions
If nobody loses a job (or jobs) over this, then the EU basically became no better than Colombia or Nicaragua
Slopwatch: LinuxSecurity, UbuntuPIT, Brian Fagioli, and Google News
We focus on stories that are fake or LLM slop that disguises itself as "news" about Linux
Links 27/10/2025: Wikipedia Vandalism, Bruce Perens Opens up on Childhood
Links for the day
This Site Could Not be Done by LLMs Even If It Wanted to (Because It's Not a Parrot of What Other Sites Say)
LLMs have no knowledge or deep understanding
Microsoft is Disloyal Towards Its Most Loyal Employees
Against its most faithful enablers
19 Years, No Censorship
No factual information is ever going to be removed, more so if it is in the public interest
We Are Not a Conventional Site, That's Why They Hate (or Love) Us
Throughout the week this week we'll be focusing on the EPO
Following the Line of Cocaine All the Way to the Top
Even a million denials and spin-doctoring won't distract from the core issue
The Cocaine Patent Office - Part I: António Campinos Brought Corruption and Nepotism to the EPO, Then Came the Cocaine
High-level manager at the European Patent Office (EPO) caught in public with cocaine, the Office has some answering to do
Purchasing/Possessing Computers Isn't the Same as Controlling Computers
Let's strive to put computers back under the control of their users, no matter who purchased these (usually the users)
Gemini Links 27/10/2025: Alhena 5.4.3 and Fixing Bash
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 26, 2025
IRC logs for Sunday, October 26, 2025
Thankfully We've Made Copies of More Interesting Data From statCounter
If statCounter (the Web site or the 'webapp') vanished overnight, we'd still have something left of it
More Silent Layoffs at IBM/Red Hat
when the media counts such layoffs or presents tallies the numbers are very incomplete