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

Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
"Victory Day" - Part II: Abject Defeat to Hypocrites and Objectionable People Who Strangle Women Whilst on Microsoft's Payroll
Someone is going to have to pay for this; it won't be us
Rust Propaganda Now Amplified by Slopfarms Powered by Microsoft LLMs, Encouraging the Outsourcing of GNU/Linux Distros to Microsoft/GitHub/NSA (and a Shift Away From GPL/Copyleft)
Moving to Microsoft GitHub and adopting unfinished, untested code for highly critical bits
 
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025
Links 09/05/2025: Inflation Rising and Rights to Protest Curtailed Some More
Links for the day
Gemini Links 09/05/2025: Good and Evil, LLMs Made the Web Worse Yet Again
Links for the day
IBM is Rotting With "Zero Internal Jobs" and Many PIPs (Performance Improvement Plans) on the Way, Typically a Fast Track Towards Layoffs Without Severance
At risk of giving air(time) to tribal sentiments, the internal joke at IBM is that to IBM "AI" stands for "All Indian"
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025