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


Patents Roundup: Europe’s and India’s Software Patents Affair, US Continues to Demote Software Patents With Alice Case

Posted in America, Asia, Europe, Patents at 2:38 am by Dr. Roy Schestowitz

Bridgewater Hall

Summary: A roundup of news of interest regarding patents, especially software patents whose impact on Free/Open Source software is exceptionally profound

THE NEXT couple of weeks will be quiet for this site because we’re taking a two-week break. Before we go, however, here are some important news from around the world.


There is an EPO demonstration tomorrow. It tackles issues that relate to human rights, not to software patents or the UPC, but nonetheless, those latter issues too are a growing threat to European interests. According to a lawyers’ site, UPC’s “new regime will sit alongside rather than replace the existing patent system and will therefore require businesses to make careful choices about how they intend to protect their inventions and enforce their patent rights.

“The decisions they take could affect their patent litigation strategy and exposure to risk for years afterwards.”

All one needs to know about it is that it is going to empower international/multinational companies and their patent lawyers. For everyone else it’s a slap on the face.


We have been writing a lot about India as of late, in relation to software patents. Dr. Glyn Moody has a good article on this subject, comparing what India is doing right now to what Europe has been doing in recent years (since the Alison Brimelow days). To quote Moody: “These are very similar to the exclusions listed in Article 52 of the European Patent Convention (EPC), which governs patent law in Europe. And where the EPC uses the phrase “as such” when it comes to computer programs, the India exclusions contain the equivalent phrase “computer programme per se”. As Techdirt readers know, the inclusion of “as such” as a qualifier to the exclusion of computer programs from patentability has opened up a huge loophole through which clever lawyers have driven many thousands of software patents. The fear — quite justified — is that exactly the same will happen in India because of the new guidelines’ interpretation of what that “per se” phrase means…”

Indians will hopefully stand up and fight this injustice. It’s a form of colonialism in the patents sense, akin to what large pharmaceutical companies are trying to do in this vast market (many potential ‘customers’).

United States

A few days ago we learned about yet another defeat for software patents in the United States.”Five Blue Spike Patents Killed by Alice/101,” Patent Buddy wrote the other day, linking to this decision [PDF]. Notice the defendant; it’s a common target of Microsoft.

The patent maximalists from IAM are meanwhile reporting that ZTE, an Android player which we mentioned here recently for patent assaults on it (from Microsoft and its trolls), wants to “develop high-quality patent assets” (complete nonsense expressed using the language of patent propagandists). To quote the maximalists: “The average US consumer might not be familiar with the ZTE brand, but the latest figures from global intelligence firm IDC show that it has moved into fourth place in the American smartphone market, behind Apple, Samsung and LG. The Chinese company grabbed an 8% share of sales in the second quarter, up from just 4.4% at the start of 2014. ZTE has not exactly consolidated its gains yet, but its impressive growth offers a tentative success story for other would-be market entrants from China.”

The last thing ZTE needs in the world, including the lucrative US market, is more patents. Let’s hope that the US system will be healed over time, obviating the perceived need for such wasteful strategies that artificially elevate the price of products (lawyers’ tax).

“Let’s hope that the US system will be healed over time, obviating the perceived need for such wasteful strategies that artificially elevate the price of products (lawyers’ tax).”Reporting from the AAMA webinar, AAMA Info wrote: “The patent troll itself admitted that less than 3 percent of such lawsuits ever make it to trial,” adding that “97% settlement rate suggests a very good return on investment for the patent troll!”

Matt Levy wrote that he “was on a panel the other day discussing patent reform, and a funny thing happened. While we disagreed about a number of aspects of patent reform, basically everyone on the panel agreed that it’s ridiculous for one district (i.e., the Eastern District of Texas) to host so much patent litigation.

“Even those on the panel who didn’t like the current venue provision in the Innovation Act felt that it just needed some small tweaks in the language. They agreed with the basic approach of venue reform.”

We are still hopeful and very much positive about the US patent system because it seems to be moving more in the direction of hostility towards software patents, whereas India and Europe go the other way.

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. From PTAB Bashing to Federal Circuit (CAFC) Bashing: How the Patent 'Industry' Sells Software Patents

    The latest tactics of the patent microcosm are just about as distasteful as last month's (or last year's), with focus shifting to the courts and few broadly-misinterpreted patent cases (mainly Finjan, Berkheimer, and Aatrix)

  2. Patent Maximalists Keep Coming Up With New Terms and Buzzwords to Bypass the Practical Ban on Software Patents

    The fightback against Section 101 and the US Supreme Court (notably Alice) seems to concentrate on old and new buzzwords, such as "Software as a Medical Device" ("SaMD") or "Fourth Industrial Revolution" ("4IR"), which the EPO recently paid European media to spread and promote

  3. News About Patents is Often Just Advertisements Composed Directly or Indirectly by Companies That Sell Patents and Patent Services

    Infomercials are still dominant among news about patents, in effect drowning out the signal (real journalism) and instead pushing agenda that is detached from reality, pertinent facts, objective assessment, public interest and so on

  4. Blocks and Paywalls Won't Protect the Patent Trolls' Lobby From Scrutiny/Fact-Checking

    Joff Wild and Benoît Battistelli have much in common, including patent maximalism and chronic resistance to facts (or fact-checking)

  5. China Has Become Very Aggressive With Patents

    China now targets other Asian countries/firms -- more so than Western firms -- with patent lawsuits; we expect this to get worse in years to come

  6. UPC/Battistelli Booster IAM Blames Brexit Rather Than EPO Abuses

    While the EPO is collapsing due to mismanagement the boosters of Team Battistelli would rather deflect and speak about Brexit, which is itself partly motivated by such mismanagement

  7. European Commission Again Urged to Tackle Abuses at the European Patent Office (EPO)

    Rina Ronja Kari is the latest MEP attempting to compel the Commission to actually do something about the EPO other than turning a blind eye

  8. Links 18/3/2018: Wine 3.4, Wine-Staging 3.4, KDE Connect 1.8 for Android

    Links for the day

  9. TXED Courts Are Causing Businesses to Leave the District, Notably For Fear That Having Any Operations Based There is a Legal Liability

    A discussion about the infamous abundance of patent cases in the Eastern District of Texas (TXED/EDTX) and what this will mean for businesses that have branches or any form of operations there (making them subjected to lawsuits in that district even after TC Heartland)

  10. PTAB Hatred is So Intense Among the Patent 'Industry' That Even Scammers Are Hailed as Champions If They Target PTAB

    The patent microcosm is so eager to stop the Patent Trial and Appeal Board (PTAB) that it's supporting sham deals (or "scams") and exploits/distorts the voice of the new USPTO Director to come up with PTAB-hostile catchphrases

  11. The Patent 'Industry' is Increasingly Mocking CAFC and Its Judges Because It Doesn't Like the Decisions

    Judgmental patent maximalists are still respecting high courts only when it suits them; whenever the outcome is not desirable they're willing to attack the legitimacy of the courts and the competence of judges, even resorting to racist ad hominem attacks if necessary

  12. The Patent Trial and Appeal Board (PTAB) Carries on Enforcing § 101, Invalidating Software Patents and Upsetting the Patent 'Industry' in the Process

    A quick report on where PTAB stands at the moment, some time ahead of the Oil States decision (soon to come from the US Supreme Court)

  13. Luxembourg Can Become a Hub of Patent Trolls If the EPO Carries on With Its 'Reforms', Even Without the UPC

    With or without the Unified Patent Court (UPC), which is the wet dream of patent trolls and their legal representatives, the EPO's terrible policies have landed a lot of low-quality patents on the hands of patent trolls (many of which operate through city-states that exist for tax evasion -- a fiscal environment ripe for shells)

  14. The Patent 'Printing Machine' of the EPO Will Spawn Many Lawsuits and Extortions (Threats of Lawsuits), in Effect Taxing Europe

    The money-obsessed, money-printing patent office, where the assembly line mentality has been adopted and patent-printing management is in charge, is devaluing or diluting the pool of European Patents, more so with restrictions (monetary barriers) to challenging bad patents

  15. Links 17/3/2018: Varnish 6, Wine 3.4

    Links for the day

  16. Deleted EPO Tweets and Promotion of Software Patents Amid Complaints About Abuse and Demise of Patent Quality

    Another ordinary day at the EPO with repressions of workforce, promotion of patents that aren't even allowed, and Team UPC failing to get its act together

  17. Guest Post: Suspected “Whitewashing” Operations by Željko Topić in Croatia

    Articles about EPO Vice-President Željko Topić are disappearing and sources indicate that it’s a result of yet more SLAPP from him

  18. Monumental Effort to Highlight Decline in Quality of European Patents (a Quarter of Examiners Sign Petition in Spite of Fear), Yet Barely Any Press Coverage

    he media in Europe continues to be largely apathetic towards the EPO crisis, instead relaying a bunch of press releases and doctored figures from the EPO; only blogs that closely follow EPO scandals bothered mentioning the new petition

  19. Careful Not to Conflate UPC Critics With AfD or Anti-EU Elements

    The tyrannical Unified Patent Court (UPC) is being spun as something that only fascists would oppose after the right-wing, anti-EU politicians in Germany express strong opposition to it

  20. Links 15/3/2018: Qt Creator 4.6 RC, Microsoft Openwashing

    Links for the day

  21. PTAB Continues to Increase Capacity Ahead of Oil States; Patent Maximalists Utterly Upset

    The Patent Trial and Appeal Board (PTAB) sees the number of filings up to an almost all-time high and efforts to undermine PTAB are failing pretty badly -- a trend which will be further cemented quite soon when the US Supreme Court (quite likely) backs the processes of PTAB

  22. Patent Maximalists Are Still Trying to Create a Patent Bubble in India

    Litigation maximalists and patent zealots continue to taunt India, looking for an opportunity to sue over just about anything including abstract ideas because that's what they derive income from

  23. EPO Staff Has Just Warned the National Delegates That EPO's Decline (in Terms of Patent Quality and Staff Welfare) Would Be Beneficial to Patent Trolls

    The staff of the EPO increasingly recognises the grave dangers of low-quality patents -- an issue we've written about (also in relation to the EPO) for many years

  24. The EPO is a Mess Under Battistelli and Stakeholders Including Law Firms Will Suffer, Not Just EP Holders

    As one last 'gift' from Battistelli, appeals are becoming a lot more expensive -- the very opposite of what he does to applications, in effect ensuring a sharp increase in wrongly-granted patents

  25. The EPO Under Battistelli Has Become Like China Under Xi and CPC

    The EPO is trying very hard to silence not only the union but also staff representatives; it's evidently worried that the lies told by Team Battistelli will be refuted and morale be affected by reality

  26. Links 14/3/2018: IPFire 2.19 – Core Update 119, Tails 3.6

    Links for the day

  27. Links 13/3/2018: Qt Creator 4.5.2, Tails 3.6, Firefox 59

    Links for the day

  28. Willy Minnoye (EPO) Threatened Staff With Disabilities Said to Have Been Caused by the EPO Work Pressures

    Willy Minnoye, or Battistelli's 'deputy' at the EPO until last year, turns out to have misused powers (and immunity) to essentially bully vulnerable staff

  29. IAM and IBM Want Lots of Patent Litigation in India

    Having 'championed' lobbying for litigation Armageddon in China (where IBM's practicing business units have gone), patent maximalists set their eyes on India

  30. The Patent Trolls' Lobby (IAM) Already Pressures Andrei Iancu, Inciting a USPTO Director Against PTAB

    Suspicions that Iancu might destroy the integrity of the Office for the sake of the litigation ‘industry’ may be further reaffirmed by the approach towards patent maximalists from IAM, who also participated in the shaming of his predecessor, Michelle Lee, and promoted a disgraced judge (and friend of patent trolls) for her then-vacant role


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