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04.16.16

Criticisms of the Patent System of the United States, Which is Imposed on the Rest of the World Using Corporate Lobbyists and Attracts or Creates Patent Trolls

Posted in America, Patents at 1:48 am by Dr. Roy Schestowitz

Even Creative is now resorting to creative patent trolling against rivals in the Eastern District of Texas

BLASTING RIVALS WITH PATENTS
By Source (WP:NFCC#4), Fair use of copyrighted material in the context of Sound Blaster

Summary: An outline of recent news about the US patent system, where the prognosis continues to be somewhat negative and hopeless

Patently-O looks at reissue pendency at the USPTO, plotting some graphs and noting, in words: “Reissue applications have resumed their somewhat steady-state following the pre-AIA rise associated that had been associated with a counter strategy against third-party reexamination filings.

“For those issued thus far in 2016, the average reissue pendency is 28 months (median 22 months).”

“The US patent system, more so than peer offices (the famous top 5), is a coercive system of domination and control, not science.”Compare that to the EPO‘s pendency figures, which were discussed here in relation to the EPO’s bogus 'results' that not even examiners and patent lawyers seem to believe.

The US patent system, more so than peer offices (the famous top 5), is a coercive system of domination and control, not science. It has been trying to expand software patents to other countries, for instance. This new article titled “Who the U.S. industrial lobbies pressure on intellectual property” speaks of something we covered here in the context of Wikileaks’ Cablegate, showing how USTR was bullying all sorts of countries into acceptance of US law and so-called ‘property’ (non-physical). “Each year,” says this article, “the United States Trade Representative issues ​the Special 301 Report on Intellectual Property (IP). This ​report, an essential tool in the US trade policy regarding intellectual property, puts pressure on countries that are deemed “not compliant” with the global regime of patents and copyright.”

“Nearly a decade ago we showed how the BSA was lobbying for software patents in Europe.”This is more or less what we wrote here repeatedly half a decade ago. Noting the role of front groups that Microsoft and IBM are part of (Business Software Alliance was actually dumped by IBM): “It is largely influenced by five industrial lobby groups — Pharmaceutical Research and Manufacturers of America (PhRMA), ​Biotechnology Industry Organization (BIO), Business Software Alliance​ (​BSA), International Intellectual Property Alliance​ (​IIPA), and the US Chamber of Commerce’s Global IP Center (USCC)​ —, who submit comments to USTR, listing the countries they want to be scrutinized.”

The BSA represents not only Microsoft (key member) but also some proprietary software firms from the US. Nearly a decade ago we showed how the BSA was lobbying for software patents in Europe.

“Patents for those who hoard all the money and decide how to divide it help remind us that this is not an SMEs’ system, that’s for sure.”Patents are not for small companies but for large companies to perpetually dominate without challenge. That’s not what patents were about when they were first introduced, but things certainly changed. Mass patenting by banks was reported a couple of days ago, nothing: “The articles note that big US banks are applying for more patents than ever before and, in particular, Bloomberg states that banks and payments companies were awarded 36% more granted US patents in the last three-year period than in the prior three-year period. However, statistics quoted by Envision IP indicate that the number of finance and payments patents being granted, both to financial services companies and technology companies, peaked in 2013 and have since declined somewhat.”

Patents for those who hoard all the money and decide how to divide it help remind us that this is not an SMEs’ system, that’s for sure. “US banks are applying for more patents than ever before,” one person quoted the article as saying (he is somewhat of a patents sceptic and definitely an EPO sceptic, his name is Francisco Moreno).

“The US patent system undoubtedly attracts a large parasitic element and unless this is stopped it will severely harm its economy.”According to patent maximalists (IAM), things keep getting worse in the US. Companies that actually produce things face threats from patent trolls (IAM refers to these as NPEs, as usual) and Creative Technology, which was somewhat of a thing back in the 90s, is becoming a patent troll in the Eastern District of Texas, just before its patents expire. The public should ask, who benefits? A company that no longer really produces anything of much value? I loved Sound Blaster audio processing cards, but this latest wave of lawsuits is just parasitic and unnecessary. The US patent system undoubtedly attracts a large parasitic element and unless this is stopped it will severely harm its economy.

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