Bonum Certa Men Certa

Patent Boundaries in the US and the Risk of Europe Repeating the Mistakes of the US

Patent systems without boundaries become utterly meaningless, ripe for abuse

Fence



Summary: Software patentability and other undesirable patents in the US (as viewed by various Web sites), plus some timely commentary about the lessons the EPO must learn from the mistakes of the US, where patent trolls are now a massive epidemic

THE wrath of patent lawyers is rather telling. They are upset that Alice is ruining their so-called 'business' and they attempt to find workarounds, urging fellow patent lawyers to do the same. Gene Quinn, one of the loudest proponents of software patents, is still quite loud about it. These patent lawyers and boosters of software patents openly express their sheer worry about where things are going for software patents (hence their parasitic business) after Alice. It's expected. "One might think," Quinn writes, "that just about everything that can be said about Alice has already been said, but that is unfortunately not the case."

"They are striving to change the status quo by changing perceptions."Actually, what we appear to be seeing since the ruling (nearly a year and a half ago) is thousands of patent lawyers babbling about it and saturating the media with spin. They are striving to change the status quo by changing perceptions. Watch Quinn speaking to other boosters of software patents so as to spread yet more pro-software patents views in the media, just like IAM does.

No doubt the USPTO still allows patents on some software, including some in my research area, imaging technology. To quote this one new blog post, "USPTO Awards Additional Patent to E-ImageData Relating to its Digital Microform Imaging Technology. In a new development in the patent and trademark world, the United States Patent and Trademark Office issued an additional U.S. Patent to E-ImageData relating to its digital microform imaging technology (U.S. Patent No. 9,179,019). E-ImageData is a renowned name in the field of Imaging Data Technology which is powering most prestigious libraries and private companies across the globe."

"What does the presence of so many patent trolls tell us about the US patent system?"Notice how quickly the patent numbers are rising (approaching 10 million). It's not bizarre given that around 92% of patent applications in the US are eventually accepted. This just serves to show how ludicrous it has become and the EPO under Battistelli goes down a similar route right now (patents on life too are being accepted, not to mention software patents).

There are new debates about patents' impact on or correlation to the US economy. These will be focused on patent trolls. What does the presence of so many patent trolls tell us about the US patent system? This new blog post says that "Texas Emerges as the Favorite Place for Patent Trolls this Year" (as usual). To quote: "Texas Emerges as the Favorite Place for Patent Trolls this Year. Patent trolling is common but emergence of nearly half of all patent case filings from a single federal court district in a remote part of the country is something that is uncommon and unusual. But, same is the case with East Texas which has emerged as the single largest battle ground for most of the patent infringement lawsuits filed by various players and companies in the United States. According to reports around 44 percent of patent lawsuits have been filed in the Eastern District of Texas Court alone in this financial year which is a point to consider."

"We are going to say a lot more about patent scope in Europe and its impact."The sad thing is that there is hardly any talk anymore about US patent reform and the SCOTUS has just formally sided with patent monopolies by rejecting an appeal. To quote yesterday's report from Reuters: "The U.S. Supreme Court on Monday rejected an appeal filed by manufacturers of liquid crystal displays that are contesting claims that they infringe on a patent held by Eidos Display."

Where does it all leave us? Well, we spoke to a former EPO patent examiner, who told us it had become a big issue. This examiner wanted to send us a scanned version of Chapter 3 from the following recent book, which he thinks should generally interest us. "The title says it all," said this person, "Exclusions from Patentability -- How Far Has the European Patent Office Eroded Boundaries?"

We are going to say a lot more about patent scope in Europe and its impact. We shall do so some time in the near future. There are currently more urgent articles about the EPO in our pipeline.

Recent Techrights' Posts

Like Microsoft and IBM, the 'Alicante Mafia'-Governed EPO Does PIPs Nowadays (at the EPO, It's "Professional Incompetence Procedure")
So "PIPs" are definitely in the EPO and we saw letters sent to staff
Time for Change, More New Articles, Less Curation
The oligarchy wants to gut the real press and replace media with slop and social control media (or social control media with slop in it, i.e. their own voices, mechanised)
Almost 1,600 EPO Employees Went on Strike Last Week
There is another strike coming 2.5 weeks from now
Over at Tux Machines...
GNU/Linux news for the past day
 
Claims That IBM Will Lay Off 20% (or 15%) of Its Workforce This Year Unless It Finds a Way to Push Them All Out by Threats, Shame, Guilt
Where are the articles about IBM layoffs?
IBM Isn't a Serious Company Anymore, It's a Ponzi Scheme Operated by a Clique and It Misuses Companies It Acquires to Prop Up or Legitimise the Scheme
IBM seems like it's nothing but a "Scheme"
Google News Drowning in Slop About "Linux" (Slopfarms Galore)
Google should know better than to link to any of these slopfarms, but today's Google is itself a pusher of slop
Living in Freedom When 'False Flag Operations' Like EFF Get Captured by Billionaires to Take Freedom Away
There are many ways to think of Software Freedom
Links 05/02/2026: EU Commission Gutting Net Neutrality
Links for the day
Gemini Links 05/02/2026: NixOS Books and Monochrome Emojis
Links for the day
Links 05/02/2026: Canadian Government Uses US LLMs to Override Expert Opinions, NVIDIA Troubles Due to Enablement of Mass Plagiarism ('Piracy') Misleadingly Obscured as "Hey Hi"
Links for the day
Explaining the Letter From JUDGE SYKES FRIXOU, Threatening Me Around the Time GNOME's Nat Friedman Lost His CEO Job at Microsoft GitHub and His Best Friend Got Arrested for Strangulation
this letter (with annotation) is critical
Linuxiac Not Rehabilitated, It's Still Full of LLM Slop (Part of a Trend)
The Web as a resource/source of information is perishing
"Sponsored by Azul" to Write Fake 'Article' About Azul, Quoting Azul Itself
The "journalism" industry [sic] became so utterly corrupt
JuristGate is for sale: three billion Swiss francs for a domain name
Reprinted with permission from Daniel Pocock
Gemini Links 05/02/2026: Coercion, Antibiotics, and LVDT Project
Links for the day
IRC Proceedings: Wednesday, February 04, 2026
IRC logs for Wednesday, February 04, 2026
Links 04/02/2026: Extreme Malice in Microsoft's Visual Studio Code on GNU/Linux, More Hey Hi (AI) Chaos
Links for the day
Sexism & GNOME: shaming men, hiding women, Sonny Piers update
Reprinted with permission from Daniel Pocock
You Know Microsoft's "Value" is 100% Fictional When in One Single "Trading" Day in Wall Street It Loses THREE TIMES More in "Value" Than It Was 'Worth' in 2009
Microsoft does not behave like a company riding trillions but like a company that struggles with payroll
Gemini Links 04/02/2026: Humanity and Animality, systemd (Controlled by Amutable, a Proxy of Microsoft) Moves on to "Extinguish" Phase
Links for the day
Better Outcomes When Facing the Discomfort of Conflict
Don't take the easy way out when the "hard way" is the right way and it can result in positive revelations
Certificate Authority Let's Encrypt Used to be Widely Used in Geminispace, Now It's Down to Just 0.2% of the Whole
Let's Encrypt is not your friend
What IBM Does Is Clearly Illegal in the US: Tying Severance Packages to NDAs (Non-Disparagement Agreement/Clause)
The NDAs make things worse; they keep people isolated and silent
Microsoft's Giant Snowball of Layoffs and PIPs (in 2026)
They would delay until March or April if they wanted to, but then we can expect numbers exceeding 10,000 layoffs (Microsoft always low-balls the real figure/s)
Mozilla Turned Firefox Into Shovelware, Adding 'Kill Switch' for Slop Still Means Mozilla is Participating in a Pyramid Scheme, Plagiarism, Grifting
Mozilla is still a slop pusher
Leaving the United States 3 Years Ago Was the Best Decision We Made
A lot of stuff is being consolidated
Links 04/02/2026: "Laws of Succession" and Microsoft's VS Code as Code-Stealing Malware
Links for the day
BillBC (BBC) Covered Up Pedophilia, Now It's Covering Up for Its Sponsor Bill Gates by Reprinting His Lies, Which His Own Wife Disputes
Is Bill Gates having orgies (group sex)?
Phoronix Swims With the Real Trolls, People Who Fancy Proprietary Software and Back Doors
If Larabel begins to actively participate in provocation with the "Microsoft GitHub fans club", what does this tell us about Phoronix?
They Know Microsoft Layoffs Are About to Hit Them Hard
The gaming division at Microsoft is a complete catastrophe, lots of money (debt) down the drain [...] Buying Activision was all about misleading shareholders or hiding the deep trouble/problems XBox was having
Red Hat is Not a Linux Company, It's IBM's Ponzi Scheme Enabler
Had we still been stuck in 2021, perhaps IBM would plaster "NFT" or "metaverse" all over RedHat.com
Keep Grinding
"Don't let the bastards grind you down"
Mobbing at the European Patent Office (EPO) - Part III - Who's Going to Pay for the EPO's Corruption? (Aside From European Citizens)
Some people inside the EPO reached out to us
"Investors Are Concerned About an AI Bubble" (That GAFAM and IBM Ride)
A few decades from now IBM will only be remembered in the same sense many so-called 'AI' companies will be remembered
EPO Staff Union: "Very High Strike Participation on Friday 30 January", Another Strike Starts 19 Days From Now
EPO management in a bit of a panic
Censorship/Free Speech and Social Control Media
It's important to have a grasp of how contemporary censorship works and how to tackle it
Google News as Slop Booster
this is what Google links to
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 03, 2026
IRC logs for Tuesday, February 03, 2026
Gemini Links 04/02/2026: "Raspberry Pi Relaxes the Rules for Its RP2040 Hacking Challenge" and "Long Web Society"
Links for the day