12.09.15

Software Patents and EPO Coverage

Posted in America, Europe, Patents at 9:48 pm by Dr. Roy Schestowitz

Software development environments neither need nor want patents

Software development

Summary: An interlude regarding the subject of software patents in Europe and the United States

THE main subject of this site has always been software patents (we are not anti-patents in general). It’s why the site came into existence in the first place. There is a war going on in the software domain and it is fought between protectionists and programmers. Alice denialists typically fall under the former group and Free/Open Source software developers are just a subset of the latter (it includes proprietary software programmers too).

Alice denialists, who are mostly patent lawyers, only ever choose to comment (cherry-picking) about Alice when it’s some Microsoft-connected patent aggressor like Finjan managing to convince a court to uphold a software patent, as we recently noted. This new article by Monte Cooper and Cam Phan from Orrick says: “This goes to show that despite the significant shift that has occurred since the Alice decision, all hope is not lost for plaintiffs asserting patents in the software space.”

“There is a war going on in the software domain and it is fought between protectionists and programmers.”Well, Alice denialists wouldn’t want to admit that SCOTUS and the USPTO don’t quite tolerate software patents like they used to. Even the Court of Appeals for the Federal Circuit (CAFC), which is said to have brought software patents to this world, is finding itself rejecting a lot of software patents these days, on grounds of abstractness.

Despite the EPO‘s troubling leanings towards software patents in Europe (because it helps management improve so-called EPO ‘productivity’ figures, measured in misguided terms or yardsticks like number of patents granted), it’s still not easy to get patents on software in Europe, either.

The mainstream media is increasingly covering various EPO scandals these days (there are many scandals, not one). It happens on a daily basis right now. See Stefan Krempl’s new article in German (if SUEPO doesn’t produce a translation, maybe one of our readers wants to).

The European Commission and second-biggest EU establishment — the EPO — apparently have something in common. The EPO is clearly dysfunctional right now and “at the EPO,” according to this new article, “oppositions can take 12 years” (if not longer).

There are many aspects to the EPO situation and our Wiki page breaks these down into various loose categories. Some readers have asked us for an overview of everything. This, in preparation for the protest on Thursday, is something we intend to do next. █

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.

Permalink Mail Send this to a friend

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

Heise Article Tackles EPO ‘Feud’ (Union Busting in Disguise), Techrights’ Remarks Follow

What Else is New

Links 25/6/2019: Mesa Releases, Less Microsoft in Apache

Links for the day
The European Patent Office Remains a Crooked Patent Office That Harms Staff and Abolishes the Rule of Law

The EPO remains a sordid mess, but those who follow mainstream media might not know anything about it because it's not covered anywhere in 2019
USPTO and EPO Faking Growth by Granting Patents on Everything in Nature, But Campaigners Strike Back

The patent microcosm is eating the world; everything under the Sun must be patented, they insist, even life itself (so they can 'pirate' the Commons and then charge us a tax for 'access' or 'license' to it)
IBM Happy That Patent Quality at EPO Collapsed and It's Easy to Get Software Patents

The EPO keeps granting illegal European Patents and the media almost never mentions this illegality because it's in too amicable a relationship (typically financial) with the EPO
The Linux Foundation's Staff Uses Windows and Microsoft. Now the Foundation Outsources the Coding and Hosting, Too (to Microsoft of Course).

The disturbing turns of the self-described "Linux" Foundation, which seems to be promoting proprietary software and even Microsoft rather than Linux and Free/Open Source software while the role or capacity of Torvalds is being gradually diminished
Links 25/6/2019: Raspberry Pi 4, Ubuntu's Change of Mind, Wayland’s Weston 6.0.1

Links for the day
Patent Extremism: Stacking the Panels, the Surveys, the Hearings, the Debates

Projection tactics would have the public believe that those who oppose corruption are simply radicals; patent polarity has come to the point where if one isn't a "true believer" in blackmail (patent trolls) or opposes bribery, then one is simply a "fringe" and akin to terrorists
Links 24/6/2019: Linux 5.2 RC6, Skrooge 2.20.0, ZFS vs. OpenZFS

Links for the day
The EPO Needs a President Who Obeys the Law, Not One Who Obeys Battistelli

Succession based on nepotism at Europe's second-largest institution served to shown how inherently broken things had become and why cover-up of injustices is nowadays paramount (not fixing the flaws/ills but merely perpetuating them)
With Water (Treatment) Already Patented It Won't Take Long for Patents (and Patent Royalties) on Air

A 'paper economy' is what Europe turns into if the current trajectory is followed (led by lawyers, not producers)
Bill Gates Said He Was on a “Jihad” Against GNU/Linux, But GNU/Linux Users/Developers Engaged in Self-Defense Are Foul-Mouthed 'Microsoft Haters'?

Microsoft, which routinely commits very serious crimes, tries to come across as some sort of philanthropy whereas those who share their work with the public (for greater good) are described as erratic, rude and unworthy of respect from corporations (outcasts basically, deprived of income source)
What Patents the EPO Has Just Awarded (With a Special Reward), Not Just Granted

The EPO's practice of elevating some patents over the other patents (European Patents) is perhaps more of a societal liability than the EPO cares to realise
Required Reading: Mental State of Team Battistelli/Campinos

On the heels of yesterday's article about Team Battistelli/Campinos, here are some recommended/required papers on the problem which likely plagues the Office
Links 23/6/2019: Wine 4.11, FreeBSD 11.3 RC2

Links for the day
Microsoft Apparently Did a Patrick Durusau on Wim Coekaerts to Broaden Its Control Over GNU/Linux

Microsoft tactics for defection and takeover of the competition (without coming across as hostile) aren't new tactics; internal documents from Microsoft explain how to achieve this
EPO Directors Would be Wise to Rebel Against Team Campinos While They Still Have the Job

As the EPO continues its bold journey towards dictatorship (where presidencies are passed between friends and ‘circles’ are former colleagues or close confidants) Techrights urges those who have power to speak out — e.g. EPO judges and Directors — to do something before it’s too late
American Front Group Open Invention Network (Riding the Linux Brand) is a Proponent of Software Patents in Europe

The impact of American multinationals in Europe is difficult to deny; in fact, we're observing the same old lobbying/lobbies still working hard albeit more covertly (typically using front groups)
Say 'Hey Hi' to Software Patents

Using the “AI” (“HEY HI”) hype the ‘community’ of patent maximalists hopes that every little (and possibly very old) algorithm will suddenly sound amazing and innovative — to the point where it becomes unthinkable to deny a patent monopoly on it
A Personal Note From Ted MacReilly (How Microsoft Works Against GNU/Linux)

A tongue-in-cheek write-up highlighting the ways Microsoft insiders think and how they strategise against GNU/Linux and Free/libre software
The Linux Foundation's New Vice Chair, Wim Coekaerts, Worked for Microsoft

The Linux Foundation is boosting the Microsoft boosters and calls that "community"
Links 21/6/2019: GNOME 3.33.3, 32-Bit Support Further Neglected, DragonFlyBSD 5.6.1 Released

Links for the day
Leaked: Harassment of EPO Directors by Team Campinos

“New BIT organisation and staff changes,” a novel kind of newspeak, means that Directors are being severely punished without due process at all (“hidden disciplinary measure without disciplinary proceedings”)
Patent Professionals in Europe Have Devolved Into a Marketing Industry

Lies, buzzwords and hype waves is all that the patent bubble in Europe boils down to these days; loads of bogus patents get granted only for European judges to smack these down (if one can afford the court battle)
Almost Six Months After Iancu Said He Would Make Software Patents Great Again Nothing Has Actually Changed

We're just a fortnight away from the ludicrous plan of Iancu celebrating 6 months (without accomplishing anything)
Links 20/6/2019: Kubernetes 1.15, Alpine 3.10.0 and Librem 5 June Software Update

Links for the day
Ignore the EPO's Dumb Festival and Focus on the Abuses Against the Workforce and Its Quality of Work

Don’t lose sight of the appalling behaviour of the management of the EPO; the last thing it wants is press coverage about its gross abuses and corruption — an aspect it spent literally millions of euros to bury (gaming the news cycle)
Microsoft Attempting to Destroy the Careers of Its Critics, Including Free Software Proponents

Microsoft isn't changing and has not changed; the tactics described above are still being used, even by its "Open Source" (or "Open at Microsoft") people, who did this to me
Links 19/6/2019: Linux Mint Vs Vista 10, Qt 5.13 Released

Links for the day
The Linux Foundation's Business Model

The Linux Foundation's plan, illustrated
Links 18/6/2019: i386 Abandoned by Canonical and a New osquery 'Community'

Links for the day