Bonum Certa Men Certa

Hope at the End of the Tunnel as More Software Patents Are Squashed in the US

Where there's light there may be justice (unlike at the USPTO, where profit trumps justice)

Hope at the End



Summary: A roundup of patent news regarding software in particular, with concerns about quality control both at the USPTO and the EPO

BEGRUDGINGLY but inevitably the USPTO will need to realign as per the SCOTUS' rulings and stop issuing abstract patents on software methods. This is definitely going to upset a lot of patent lawyers, but it's not them who set the rules (they're not objective as they have their own motivations, usually just money, not science). Gene Quinn has just gone bonkers again. He wants examiners in patent offices to be replaced (almost) by just a filing system and based on today's IAM-hosted words of 'wisdom', the EPO may be sinking to Turkish patent standards, or looking for middle ground where there's a "post-grant opposition system" (grant first, ask questions or sort out the mess later).



"What we have in common here is declining quality control at patent offices."Based on this new article by Jakob Pade Frederiksen at MIP, the EPO's "Appeal Board condemns examination delay" (that's the headline). How about more than 12 years? Consider the following paragraph: "While the recently released EPO performance statistics for 2015 show an increase in the number of grants compared to the previous year and a decrease of backlog of searches by two thirds, delay in examination of pending cases is still of concern to some. A recent appeal decision rendered in the field of computer implemented inventions reveals that excessive examination delays do not amuse the Boards of Appeal. More specifically, in decision T 823/11 rendered in December 2015, Board 3.5.07 has ruled that duration of examination proceedings of more than 12 years must be regarded as excessive and amounts to a substantial procedural violation."

What we have in common here is declining quality control at patent offices. It's all about the money! And whose? But at the same time the courts compel the offices to admit their errors. Let's look at some recent court cases. 2 days ago we mentioned Sequenom, which we had also mentioned last year and in 2014. Sequenom, based on this new report ("Sequenom Asks the Supreme Court to Clarify the Limits on Section 101"), is freaking out after SCOTUS eliminated many abstract patents. Based on this patent lawyer, on the other hand, "US Pat 8,180,858, Survived 101/Alice Attack in Delaware" (words like "Survive" and "Attack" make it sounds like "Alice" is a ruthless warrior rather than SCOTUS fixing patent law). "Prior Stats Were 8/10 Alice Kills," notes the same patent lawyer, still associating software patents that got invalidated (because they're bogus) with death. To quote the thing in full: "J. robinson of Dist. Ct. of Delaware Rejected 101/Alice Arguments in 4 decisions issued in past week; Prior Stats Were 8/10 Alice Kills" (meaning, the large majority of them are invalided by Alice when properly challenged in a court of law). One software patent can do a lot of damage in the United States; that is what I told this lawyer regarding this tweet ("US Pat 6,928,433, Apple Paid $100M for Infringing; Asserted Against 7 Others") as it reminded me of other such Apple cases (the patent owner/assignee is Canadian in this case, just like i4i). All in all, wrote this lawyer, "11% of Patent Reexams Appealed to Beijing IP Ct. Were Reversed; 11% of PTAB Decisions Appealed to Fed. Cir. Have Been Reversed." We actually consider this patent lawyer to be a "good guy" because he is quite honest and looks at the breadth of things, unlike people who read or write IAM 'magazine'.

"The USPTO wants no legal challenges because hey, who needs quality control anyway?"In other news of interest, the Court of Appeals for the Federal Circuit (CAFC) has just demolished a gaming patent based on the aforementioned criterion. To quote a lawyers' site: "Under 35 U.S.C. €§ 101, patent-eligible subject matter is defined as any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, with the caveat that laws of nature, natural phenomena, and abstract ideas are not patent eligible. The purpose of the exceptions is to prevent patents from preventing access to “the basic tools of scientific and technological work.” The examiner rejected the claims as directed to patent-ineligible subject matter under 35 USC €§ 101, taking the position that the claims were directed to an abstract idea as the claims attempted “to claim a new set of rules for playing a card game.”"

On the other hand, or by contrast, "Computer Modeling Breast Prosthesis Survives 12(b)(6) ۤ 101 Challenge," said another site, also one that's in the patent maximalism fold. Speaking of this fold, Lexology has just reposted two articles that we mentioned here some days ago [1, 2]. They amplify the patent maximalists' messages (usually patent attorneys). Patently-O has been relatively quiet over Easter, but yesterday we found this update about the USPTO, where patent maximalism is embedded because of profit motives. To quote Patently-O: "The U.S. Government has also filed its responsive merits brief. The brief appears to be a joint effort of the Solicitor General (DOJ) and the USPTO and does a solid job of justifying its positions [...] The PTO is looking for a strong decision in this case to effectively shut-down the myriad challenges it is currently facing."

"They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it."The USPTO wants no legal challenges because hey, who needs quality control anyway? A lot patent lawyers (or their clients) just want it the easy way; they want to bombard the system with patents (not applications) and not ever face rejection. Wild West. Now there's a whole new software 'industry' dedicated to fooling patent examiners into accepting bogus applications. That's just another arms race and the potential gains are big (at someone else's expense). To give this new example from MIP: "A jury in the Northern District of California has ordered Gilead Sciences to pay $200 million in damages for infringing Merck and Ionis Pharmaceuticals patents for compounds and methods used to develop medicines for the treatment of hepatitis C, including Sovaldi and Harvoni."

So a massive company, Merck, will get to keep its prices artificially high while destroying a smaller company and taking away its money. They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it. So much for 'innovation'.

Remember what patent offices were conceived and created for. Have we not lost sight of that?

Recent Techrights' Posts

Backlash and Negative Press After Microsoft Tells Diversity, Equity, and Inclusion (DEI) People to DIE
Follow-up stories
Censorship as Signal of Opportunity for Reform
It remains sad and ironic that Wikileaks outsourced so much of its official communications to Twitter (now X)
The World Wide Web Has Been Rotting for Years (Quality, Accuracy, and Depth Consistently Decreasing)
In the past people said that the Web had both "good" and "bad" and that the good outweighed the bad
Comoros: Windows Plunges to Record Low of About 6% in Country of a Million People (in 2010 Windows Was 100%)
Many of these people earn a few dollars a day; they don't care for Microsoft's "Hey Hi PC" hype
The Mail (MX) Server Survey for July 2024 Shows Microsoft Collapsing to Only 689 Servers or 0.17% of the Whole (It Used to be About 25%)
Microsoft became so insignificant and the most astounding thing is how the media deliberate ignores it or refuses to cover it
Windows Down From 98.5% to 22.9% in Hungary
Android is up because more people buy smaller mobile devices than laptops
Microsoft Windows in Algeria: From 100% to Less Than 15%
Notice that not too long ago Windows was measured at 100%. Now? Not even 15%.
Microsoft Windows "Market Share" in New Zealand Plunges to 25%
Android rising
SUSE Goes Aryan: You May Not Use the Germanic Brand Anymore (It's Monopolised by the Corporation)
Worse than grammar Nazis
Gratis But Not Free as in Freedom: How Let's Encrypt is Dying in Geminispace
Let's Encrypt is somewhat of a dying breed where the misguided CA model is shunned
 
UEFI 'Secure Boot' Once Again Bricking PCs and Fake Security Models Are Perishing in Geminispace
Let's Encrypt has just fallen again
Links 17/07/2024: New Attacks on the Press, European Patents Squashed Even at Kangaroo Court (UPC)
Links for the day
Gemini Links 17/07/2024: Proponents of Censorship and New Arrivals at Gemini
Links for the day
Links 17/07/2024: School Budget Meltdown and Modern Cars as Tracking Nightmares
Links for the day
This Should Certainly be Illegal, But the Person Who Helped Microsoft Do This is Still Attacking the Critics of It
perhaps time for an "I told you so post"
[Meme] A Computer With an Extra Key on the Keyboard Isn't Everyone's Priority
(so your telling me meme)
Africa as an Important Reminder That Eradicating Microsoft Doesn't Go Far Enough
Ideally, if our top goal is bigger than "get rid of Microsoft", we need to teach people to choose and use devices that obey them, not GAFAM
Billions of Computers Run Linux and Many Use Debian (or a Derivative of It)
many devices never get updated or even communicate with the Net, so exhaustive tallies are infeasible
[Meme] Microsoft is Firing
Don't worry, Microsoft will have some new vapourware coming soon
More DEI (or Similar) Layoffs on the Way, According to Microsoft Team Leader
What happened shortly before Independence Day wasn't the end of it, apparently
[Meme] Many Volunteers Now Realise the "Open" in "OpenSUSE" or "openSUSE" Was Labour-Mining
Back to coding, packaging and testing, slaves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 16, 2024
IRC logs for Tuesday, July 16, 2024
[Meme] Ein Factory
A choice between "masters" (or "master race") is a false choice that results in mass exploitation and ultimately eradication (when there's little left to exploit)
Links 17/07/2024: Open Source Initiative Lies and Dark Net Thoughts
Links for the day
Media Distorting Truth to Promote Ignorance
online media is rapidly collapsing
Android Rises to New Highs of Almost 80% in Cameroon
How many dozens of nations will see Windows at under 10% this coming winter?
Links 16/07/2024: TikTok Ban in Europe and Yandex Split
Links for the day
Gemini Links 16/07/2024: On Packrafting and on Trump Shot
Links for the day
[Meme] Firefox Users Who Think They Know Better Than Mozilla
Enjoy Firebook
Firefox Used to Have About Half the Market in Switzerland, But It Doesn't Stand a Chance Anymore (Chrome Surging This Summer)
Mozilla has managed to alienate some of the biggest fans of Firefox
Microsoft's Biggest Losses Are in Europe This Summer
Microsoft's ability to milk a relatively rich Europe is fast diminishing
How to Make Software Suck and Discriminate Against People at the Same Time
ageism glorified
Bing Was at 2.6% in Russia When LLM Hype Started. Now It's Down to 0.8% (for 3 Months in a Row Already)
The sharp fall of Bing may mean that exiting the Russian market won't matter to anybody
[Meme] Microsoft Seems to be Failing to Comply With WARN Act (by Refusing to Announce Mass Layoffs as They Happen)
since when does Microsoft obey the law anyway?
Microsoft Layoffs Are Still Too Frequent to Keep Abreast of and Properly (or Exhaustively) Classify
The "HR" department knows what's happening, but whistleblowers from there are rare
Bahamas Joined the "5% Windows" Club
statCounter only traces back about 1 in 20 Web requests to Windows
Links 16/07/2024: Salesforce Layoffs and Microsoft's DMARC Fail
Links for the day
Antenna Abuse and Gemini Abuse (Self-hosting Perils)
Perhaps all this junk is a sign of Gemini growing up
Possibly Worse Than Bribes: US Politicians and Lawmakers Who Are Microsoft Shareholders
They will keep bailing out Microsoft to bail themselves out
The Software Freedom Conservancy Folks Don't Even Believe in Free Speech and They Act As Imposters (Also in the Trademark Arena/Sense)
Software Freedom Conservancy was already establishing a reputation for itself as a G(I)AFAM censor/gatekeeper
Djibouti Enters the Windows "10% Club" (Windows Was 99% in 2010)
In Africa in general Microsoft lost control
GNU/Linux Share Doubled in the United States of America (USA) in the Past 12 Months
Or so says statCounter
Even in North Korea (Democratic People's Republic Of Korea) Google Said to Dominate, Microsoft Around 1%
Google at 93.26%
[Meme] The Red Bait (Embrace... Extinguish)
They set centos on fire, then offer a (de facto) proprietary substitute for a fee
Shooting the Messenger to Spite the Message
segment of a Noam Chomsky talk
[Video] Boston Area Assange Defense (Yesterday)
It was published only hours ago
Guinea: Windows Down From 99.3% to 2.7% 'Market Share'
Guinea is not a small country
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 15, 2024
IRC logs for Monday, July 15, 2024
What's Meant by "Antenna Abuse" (Gemini)
syndication is not a monopoly in Gemini and if one doesn't condone political censorship, then one can create one's own syndication service/capsule
Microsoft Layoffs and Entire Unit Termination: Diversity, Equity, and Inclusion
What an announcement to make just before Independence Day
Links 16/07/2024: Old Computer Challenge and One Page Dungeon Contest
Links for the day
Microsoft Falls Further and Closer Towards 10% (Windows "Market Share") in Kuwait
more countries entering the "single-digit Windows" (under 10%) club
Gemini Links 15/07/2024: Antenna's Pro-Hamas Bias Revisited and Old Computer Challenge
Links for the day
[Video] Julian Assange, Over One Decade Ago, Cautioning About What the Internet Had Truly Become
video is not new
Homage to Malta
Malta is probably easy for Microsoft to bribe
IRC at 16
Logging has been used for us and against us
In Malta, Android/Linux Has Overtaken Microsoft Windows (According to statCounter)
statCounter milestone?
Links 15/07/2024: China’s Economic Problems, Boeing Under Fire
Links for the day
500 Days' Uptime Very Soon
Good luck doing that with Windows...
Windows Falls Below 20% in Tunisia
A month ago we wrote about GNU/Linux in Tunisia
Links 15/07/2024: Google Wants Wiz and Why "Sports Ruin Everything"
Links for the day
Gemini Links 15/07/2024: Old Computer Challenge and Sending Files via NNCP
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 14, 2024
IRC logs for Sunday, July 14, 2024