Bonum Certa Men Certa

Let Them Eat Patents

...as if anyone with an idea/invention can afford them.

Let Them Eat Cake Reference: Let Them Eat Cake



Summary: A reality check regarding software patents and regarding those who truly benefit from an expensive patent system with an even more expensive litigation process/proceedings

THE USPTO is cracking down on software patents. Like TTIP lobbyists, patent lawyers will never publicly admit this. It was the same in Europe while UPC hype was all the rage (before Brexit effectively killed it).



Proponents of software patents seemingly resort to unrelated cases now, such as this patent. It's about Mayo, not Alice, as it is not a software patent. The patent attorney writes "US Pat 8,586,610, administration of iloperidone; Survived 101/ Mayo Attack," once again reusing these loaded words (like "attack" and "survive", even when the "survivor" is the patent aggressor/plaintiff and the "attacker" is actually the defender/victim). Nice reversal of narrative, right? Like George Bush "defending" himself in Iraq and Ukraine "attacking" Russia...

"It was the same in Europe while UPC hype was all the rage (before Brexit effectively killed it)."Elsewhere in today's news, we learn that "Prescient has received 13 patents on its software," but software patents are pretty worthless right now. They just get invalided in the courts and the boards (and these are the ones whose holders actually believe have a chance, hence asserting them; the rest -- or the untested patents -- are likely easier to invalidate once scrutinised/challenged).

A pro-software patents site, Watchtroll, yesterday published this piece by Anthony de Andrade and Venkatesh Viswanath. It's quite a shot in the foot actually as it serves to legitimise the site's idealogical opponents. It shows that 'global' patents (applied for separately in several jurisdictions) is not for startups but for the richest people (or huge corporations). To get a patent virtually everywhere in the world (where it techncially matters) "an applicant would require $296,233 to file National Phase applications in said jurisdictions and maintain the applications" (renewal fees).

$296,233, eh?

"So much for protecting the 'little guy', eh?"For one. Single. Patent!

So much for protecting the 'little guy', eh?

This reminds us of Apple's patents in the EPO -- patents which Battistelli is totally clueless about. Remember that Apple is possibly the world's richest company (by many criteria that are commonly assessed by major publications) and watch what it's applying for now: "Apple filed for patent on unauthorized user biometric data collection system (AppleInsider) — If an “unauthorized user” (read: thief) uses an iPhone equipped with this technology, the device could capture a photo and fingerprint of the user for use by law enforcement. Not exactly rocket science to understand how this might be used by law enforcement remotely to assure a particular contact (read: target) is in possession of an iPhone, either. Keep an eye on this stuff."

The Apple advocacy sites offer spin by reinforcing the idea that it's OK because it will only be used against crime. To quote AppleInsider: "An Apple patent application published on Thursday describes a method of storing an unauthorized user's biometric information, which can help strengthen security management or assist in device recovery and criminal prosecution in the case of a theft."

"The Apple advocacy sites offer spin by reinforcing the idea that it's OK because it will only be used against crime.""Even as Apple contemplates surveillance software to catch thieves' fingerprints," IDG wrote, "it is also reportedly planning to redesign the physical elements of its devices that would make that approach possible."

As usual, being an Apple story, it was all over the news (we saw more than dozens -- perhaps hundreds -- of articles, e.g. [1, 2]) and it was all praises and cheerleading, hardly criticism, just like that time Apple patented remote disablement of a phone's camera (a 'gentler' form of kill switch that already exists).

"Apple had to spend a quarter of a million dollars getting a patent on this stupid 'idea' in every technologically-developed country, it would just be slush funds to Apple."It takes sheer disregard for privacy and human rights to do what Apple expresses a desire to do here. It's not at all innovation, just a lot of hype. If Apple had to spend a quarter of a million dollars getting a patent on this stupid 'idea' in every technologically-developed country, it would just be slush funds to Apple. Apple is suing companies (using patents) for billions. What about the mythical 'little guy'? The patent system just isn't for the 'little guy'. Maybe it was a long time ago, but not anymore. See these comments in Reddit, one of which says about patent examiners: "They probably spend a lot more time digging themselves out from under the mountain of Apple / Samsung forms."

This is, in essence, what the patent systems have turned into. To quote a comment that we mentioned yesterday (regarding the EPO), “Member States must decide very quickly if they wish to throw away more than 40 years of success, and replace it with a system that no longer rewards innovation, but instead becomes simply a tool for large corporations to dominate by means of their financial muscle.”

Recent Techrights' Posts

EPO's Local Occupational Health, Safety and Ergonomics Committee (LOHSEC) in The Hague: Workers Are Getting Sicker, Conditions in Which to Assess Patent Applications Deteriorate
"According to the Office statistics the total number of days of absence has gone up from 12.4 to 13.1 total number of sick days per Full Time Equivalent (FTE) from 2023 to 2024."
The Standard Needs to Improve Its Standards for Fact-Checking, Aaron Swartz Had Nothing to Do With Reddit and He Detested the Company That Created It
The Web is already bad enough as it is
New Paper From the EPO Highlights Large-Scale Discrimination at the Office, Where People Are Rewarded for Granting More and More Illegal Patents
Even the Kremlin is probably more competent than this
The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
 
If Matthias Kirschner Loves Free Software, He'll Change the Name of the Microsoft-Sponsored Organisation He Governs (in Order to Avoid Confusion)
The FSF-EEE does not really like Software Freedom, it just loves money (including Microsoft's)
Soylent News Lessens the Scope of Discussion Due to Persistent Trolling and Online Abuse
if they make it a lot harder for new people to participate, then they limit the "general appeal" and reach
When the Livestream of Richard Stallman is Apparently Bury-Brigaded Offline You Finally Learn to Avoid Google/YouTube for Streaming
Please, people, stop uploading to Google/YouTube
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025