Bonum Certa Men Certa

The World is Changing and Patent Law Can Change Either for Better or for Worse

Summary: Recent secret dealings (which are being exposed to the public owing to whistle-blowers) show the degree of coordination and collusion against public interests; it's up to us, the majority, to fight back and tackle this injustice

THE world's disparate legal systems are under attack from so-called 'trade' deals and their dirty dealers. We hardly ever cover this subject (except in daily links), but almost everyone knows the impact of these, owing in part to leaks and public demonstrations which raise awareness. One goal is globalisation (in the negative sense) and a method that is trending these days is 'harminisation' of laws across nations and continents, almost always in a way that makes them more corporations-leaning and plutocrats-friendly. It's not surprising considering who works on these deals in secret. These conspirators are bypassing democracy because they want more for themselves and less for the rest of us. It has a lot to do with patents, which are codified into law to legalise monopolisation, i.e. marginalisation of challenge or competition (even from government, as ISDS comes to demonstrate).



Last week we wrote about what was happening in New Zealand. The so-called 'trade' deals can potentially bring software patents to New Zealand. Here is how one news site from New Zealand put it some days ago: "The Foreign Affairs and Trade Ministry won't say whether New Zealand's laws on software patents will need to be overhauled if agreement is reached on the Trans-Pacific Partnership.

"Parliament passed a law that outlawed software patents "as such" in 2013. The wording of the law change was a compromise that resulted from years of tortuous debate.

"Trade magazine CIO reported that Trans-Pacific Partnership (TPP) leaks suggested Mexico was now the only country against allowing software to be patented.

"The important point here is that some companies are starting to distance themselves from the EPO and USPTO."Here in Europe we already have some loopholes similar to those which exist in New Zealand. These enable some companies to patent software (as long as it's bound to some unspecified "device"). Europe has the Boards of Appeal (BoA) mechanism for independent/external assessment -- not oversight -- of the EPO and it too is being crushed right now (recall the BoA's role in defending against software patents half a decade ago). The BoA is clearly under attack right now, as stories we covered served to show. It wants public input to help save it from the ruthless EPO, which hates to share any of its governance. The European Patent Office is now a totalitarian entity right at the heart of Europe. It must be stopped.

A biased site which targets patent lawyers spoke of an interesting trend the other day, published under the headline "The companies that abandon most US and EPO patents – and shoulder much responsibility for raising quality" (the latter part is spin).

The important point here is that some companies are starting to distance themselves from the EPO and USPTO. Corporate culture may be evolving for the better. "In the latest issue of IAM magazine," says the author, "Matthew Beers and Maria Lazarova of Ocean Tomo take a deep-dive look at patent abandonments data from both the USPTO and EPO. The full article contains a wealth of interesting data but, for the purposes of this blog we’ll take a sneak peek at the findings relating to IP owners and which of them abandon the most patents at both agencies. Perhaps unsurprisingly, about half of the top 50 companies by abandonment volume are also in the top 50 by number of applications filed. What’s more, of the top 50 companies by abandonment volume over the period examined by Beers’ and Lazarova’s analysis, well over two-thirds appear among the top abandoners at both the USPTO and the EPO."

This is bad news for patent lawyers. Over in the US, which expands the USPTO to Silicon Valley (as planned), it is said that there is now "New Guidance on Patent Subject Matter Eligibility". "On July 30," writes a site of patent lawyers, "the United States Patent and Trademark Office (USPTO) released a set of documents providing examiners and practitioners with additional guidance on patent subject matter eligibility. The July 2015 Update responds to comments received from the public following the USPTO’s issuance of the 2014 Interim Guidance (2014 IEG) on December 26, 2014."

It sure looks like they are limiting patent scope. The assignment of patents on software really must stop, at the very least because judges deem these patents patent-ineligible, based on the law (they are not patent examiners, but they know the limits of the law and can enforce the law by exercising their duty).

Just the other day we learned that a famed BitTorrent entrepreneur managed to get a patent on P2P live streaming. TorrentFreak said this "may be the start of a new breakthrough," but we hardly feel excited by the passage of yet another patent on software. This really ought to stop and a good start would be scrutiny of the 'trade' deals, those who facilitate them, the USPTO, the EPO, and politicians who push for the UPC (essentially another so-called 'harmonisation' of law and courts framework). There are many powerful and selfish forces looking to gain power and money at the expense of everybody else, especially scientists. As we are by far the majority, we can repeatedly beat those relentless forces. From awareness comes anger and when the majority is angry the evil forces become fearful and often retreat (see ACTA). ⬆

Recent Techrights' Posts

Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
 
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Links 01/11/2026: Digital Ninimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026
Links 30/10/2026: "Over 41,000 DHS Employee Records Leaked Online" and Concerns Over Radicalism in France
Links for the day
Intercontinental Brigading - Part XXIV - It's an Inherently American Issue and American Elections Are at Risk From Restricted ('Secure') Boot and LLM Chatbots (Disinformation at Scale)
We'll focus a lot on US elections in the coming days
Birss Replaces Vos in UK's High Court, LLM Slop Plagiarism a Contentious Issue
Only days ago we mentioned Sir Geoffrey Vos in relation to lobbying for LLM slop
"Early Retirement" (Silent Layoffs) for Everybody Except the Executives
Some will stick around even past 70
Despite the Mass Layoffs Microsoft's Debt Soared by 5.1 Billion Dollars in Just 3 Months
This is why Microsoft asks 60,000 workers to leave
Gemini Links 30/10/2026: Solar MiniBBS, Kubernetes With FreeBSD, "Sysadmin Day"
Links for the day
Microsoft Layoffs Far Worse Than the Media Tells (Microsoft Spin Laundered as "Reporting")
Some people are made to "retire" and sign an NDA to make it seem like a happy ending and mostly consensual retreat
Links 30/10/2026: Google Crashes on Slop Disappointment and GAFAM's "Data Center Blitz Is Burning Through Cash and Scaring Wall St."
Links for the day
Fake 'Articles' in The Register MS Concerning "AI"
We don't suppose The Register MS will be around for much longer after this bubble pops
What Linus Torvalds Told Me Two Decades Ago
It seems like he was eager to distinguish himself from the "elders" of FSF [...] For anything "revolutionary" to happen in the sciences one must accept the risk of living in poverty like Tesla (the person, not the right-wing fanatics) and Torvalds isn't too old to "cause a stir"
GNU/Linux as a Free Software Platform is More GNU (and GPL) Than Linux
GNU predates Linux by nearly a decades and it was born to tackle injustices
Who Or What Are Security Professionals/Experts?
Companies like GAFAM are willing to tolerate cheaters because those companies themselves are cheats
Intercontinental Brigading - Part XXIII - What Garrett Did Puts Elections at Risk (Also in His Own Country, Where a Dictator Trusts Only Machines That 'Support' Him)
UEFI 'security' is only as trustworthy as its ferocious boosters
Gemini Links 30/10/2026: RIP Patrick Stewart and Amp Integration
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 29, 2026
IRC logs for Thursday, October 29, 2026