Bonum Certa Men Certa

Correcting Bias in Patent Law Firms' Articles About Software Patents, Advice to Small Businesses, and Letting Machines Generate Patents

Those who profit from war aspire to see more of it (the more, the merrier) and the same goes for patenting

War is a racket
Reference: War Is A Racket



Summary: Patent profiteers continue to mislead the public, even small and cash-strapped businesses, about patents, in an effort to get more and more patents out there, yielding wars (litigation), saturation of weapons (too many patents to keep track of without some dedicated attorneys), and a generally terrible system which rewards aggressors, not innovators that are genuinely productive (construction as opposed to destruction of perceived rivals)

This morning we spotted a very misleading headline, courtesy of Luciano Ricondo from Ladas & Parry LLP. Software patents are not patent-eligible anymore (or hardly so, even if the USPTO accepts them before they reach a high enough court that tosses them out), but this article is just the typical listing of very exceptional cases where CAFC somehow accepted a software patent or two (an appeal can still have these invalidated). Why are we still seeing such articles? Just look who the authors are, they try to sell their services.



A corporate partner at Kemp Little currently sells snake oil, including patents, to cash-limited SMEs that ought to focus on producing and selling products, not reading and producing paperwork. Andy Moseby called this "legal advice for small businesses", but it seems more like shameless self-promotion that would have small businesses pay a lot of money for lawyers (to receive bad advice that then necessitates more of these lawyers).

"In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway)."Secrecy rather than patents may work better sometimes and considering the breadth of patents out there, it's more likely that a small company will get sued (or extorted by a patent troll) than be in a position to sue some other company using a patent or two. It's just expensive and risky. In fact, this new article from Asterion Inc (US) stresses "the advantages of trade secret litigation," highlighting it as a better option than patent litigation. In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway).

The discussion about software patents in New Zealand, a common ground for lobbyists of firms like IBM and Microsoft, seems to be back with this report about "[p]ossible changes to NZ divisional patent practice". We haven't quite heard of it elsewhere, but thankfully, as far as are aware, the country has no software patents or a trolls epidemic -- something which there's a growing number of instances of in Europe (thanks, EPO!) and fewer in the US, owing to much-needed changes at the USPTO.

"The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation."A subject which we mentioned not too long ago was the use of machines not only to examine patents but also generate and file patents. A bunch of computers generating patents to be examined by other computers would result in billions of crappy patents that only computers can process (and make no sense of anyway). A Web site called Futurism has just published an article about that ("When an AI Invents Something, It Should be Credited as the Inventor"). Well, patents are a dime a dozen now (low quality), with about 10 million of them in the US alone, so machines are already needed to deal with the chaos/maze, based on this new article from Innography Inc (US). We need stop patent maximalism because it renders the whole patent system too chaotic for people to keep abreast of (even just in their own field/domain) and it leads to a lot of litigation, patent thickets, etc. Maybe one day there will be a proportion of patents that is computer-generated and people won't be able to distinguish these from 'real' patents crafted by actual humans. Then, other issues may crop up, for instance the existence (or inexistence) of an actual investor. Today there's this new article which says: "Normally, if Client A and Lawyer A have a confidential communication, disclosure of it to a third party waives any privilege. However, if Client A and the third party have a “common interest,” there is no waiver. So, for example, if a licensor communicates with patent prosecution counsel for the licensee about prosecution of a foreign counterpart of the licensed patent, there might be a privilege."

A system wherein there's just a bunch of machines talking to one another would completely distort the very notion of innovation. What would be the point of such a system?

The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation. Only a clueless, antiscientific, deranged individual like Battistelli would make quantity rather than quality the primary goal, while at the same time pondering (allegedly) replacing examiners with machines or giving up examination altogether (so any machine can automatically generate as many patents as it's capable, even if it's all gobbledygook).

Recent Techrights' Posts

Twitter as X-Rated Hatred: Criticising Microsoft is Not OK, Calling for Beheadings (With Bounties on People's Heads) is OK
Twitter automation missed 'hit job' advertising
Balancing Activism Against (or With) Basic Necessities and Daniel Cantarín on Our Collective Battle for Software Freedom Around the World
"I'm VERY angry about lots of stuff happening here in Argentina, all of it shielded behind the word "freedom"."
 
Links 16/08/2024: YouTube Bans and Surveillance Expanded
Links for the day
We Were Right All Along and the Collaborators of Microsoft Helped Competition Crimes of Microsoft
Once again vindicated regarding UEFI "secure boot"
[Meme] The New Windows Slogan
stat me up
Addendum: Associate's Notes on Free Software as a Labour Issue and the Connectivity Swindles
these are related issues/causes
Microsofters Infiltrating Roles of Authority and Government Positions to Protect Microsoft and to FUD Microsoft's Competition
friends of Microsofters who bully me and my wife
Links 16/08/2024: UK Skills Deficit and Kim Dotcom to be Extradited to the US (for Doing the Same Stuff GAFAM Does)
Links for the day
Gemini Links 16/08/2024: Overgeneralisation and Games
Links for the day
Russia's Yandex 5 Times Bigger Than Microsoft... in Ukraine
They'd rather rely on the Kremlin than on Microsoft
[Meme] Gemini is Different, So What?
different, not worse
Now It's "Official": Over 4,000 Known Gemini Capsules in Lupa
For the first time ever
Clown Computing
Reprinted with permission from Dr. Andy Farnell
[Meme] What Freedom Means to IBM
Free labou
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 15, 2024
IRC logs for Thursday, August 15, 2024
From 99% in 2012 to 27% in 2024: How Microsoft Lost Georgia
What we're seeing is a migration from Windows to other platforms, notably GNU/Linux
To Understand Cisco's Mass Layoffs Look at the Company's Soaring Debt (Same at Microsoft)
Look what's happening to Intel - down almost 60% since the start of the year, 57% to be precise
Windows Flying Low at 25%
It's another all-time low
[Meme] Long Texts You Never Bother Reading (Because Life is Too Short, Unlike Those Texts)
The devil is in the terms of service
Links 15/08/2024: Monkeypox Hysteria and Modern Homesteaders Living Off the Grid
Links for the day
Gemini Links 15/08/2024: Confession of a Convention Game Master and Some Release nostalgia
Links for the day
Congratulations to Romania, Where Windows is Now "Minority Market Share" Platform
Time will tell if GNU/Linux can pass 5% on the desktop/laptop "form factor" there
Why It Matters That 4,000 Gemini Capsules Are Known to Lupa and Why Gemini Protocol Matters to Us
I have no doubt Gemini Protocol will continue to expand because it solves a real problem
Links 15/08/2024: Avast Surveillance Scandal Unsolved and Facebook Still Censors Terror Sympathisers
Links for the day
Daniel Cantarín's Response to Alexandre Oliva's Talk on Achieving Software Freedom in the Age of Platform Decay
Soylent News caught up with the series
4,000 Gemini Capsules
it's basically one capsule short of 4,000
"Microsoft is a Sponsor of The New Stack."
Many articles turn out to be just ads
New Highs for Android in Russia, But It's Reportedly Working on Its Own Linux-Based Operating Systems (GAFAM-Free)
statCounter isn't equipped to properly parse user agents or to keep up
Upcoming Series: Terms of Service (TOS) Under the Microscope, FSF Party, GitHub Scandals, Clowns, and More
Right now we have way more material than we have time to cover. But that's a good thing.
Gemini Links 15/08/2024: Lies of Therapy and Web Applications
Links for the day
Software Freedom in Perspective - Part 5 - When Richard Stallman Came to Argentina
It might seem a bit harsh, but a discussion at the end of this series will tie things together and explain why those things were said
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 14, 2024
IRC logs for Wednesday, August 14, 2024
Russia develops an alternative to Android and iOS | News.az
Russia already has several of its own operating systems
Links 14/08/2024: Ecology and War Inside Russia
Links for the day
Daniel Pocock - Use of Technology in European Parliament Election Campaign (Public Talk)
It starts in 4 hours
Android About to Fly Past Windows in Portugal
Perhaps by month's end or next month Portugal will be orange (Android majority)
How OpenAI Will Decrease the Losses
You have no losses when you have no users left
Giving Control to Microsoft is Always a Dire, Huge Mistake
Microsoft is known for buying things and sabotaging things, not for creating things
Founders That Sell Their Company to Microsoft Speak Out
"Microsoft's closure of Arkane Austin in May was one of the more shocking events of the past couple of years"
In Chile, Microsoft's Web Browser (a Chrome Copycat) Fell to 3.6%, About the Same as Firefox and Opera and Less Than Safari, Yandex Browser, Google Chrome
It does not look like Chileans fancy Microsoft's browser. They go out of their way to use something else, even on Windows.
Software Freedom in Perspective - Part 4 - Daniel on Linux-based Mobile Platforms in LATAM (Latin America)
GNU, Linux, and mobile
Almost Nothing of Invidious Left Online (YouTube is Attacking Gateways)
what it looks like at this very moment
Gemini Links 14/08/2024: Funeral for an E-reader and a Mother Wants a Laptop
Links for the day
Links 14/08/2024: 8 Years of GDPR and Ridicule of "Hey Hi" (AI) Hype
Links for the day
This is How You Give Microsoft More Control Over LibreOffice Both as Software and as a Project
Didn't the Document Foundation learn from prior Microsoft Store scandals connected to LibreOffice?
"Heroes of Fedora" Are Just Salaried Employees of IBM (But "Community" is Just Sounding a Lot Nicer)
A real community would not allow IBM a majority
YouTube Has Thrown Free Software Users Into a Crisis
For many Free software users, who rely on Invidious, YouTube is nearly dead already
[Meme] "New Chapter in the FSF."
We expect to have some coverage from this week's event
There is No I in "GAFAM" and Soon There Won't be I At All (Like Novell Vanished, Not Overnight, as It Took Over a Decade)
Intel is going through the biggest crisis in its entire history
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 13, 2024
IRC logs for Tuesday, August 13, 2024
It's a "sm0l" World and It Won't Outsource to the Pentagon Anymore
As many people aren't interested in a new PC - or simply cannot afford one - we can expect leaner operating systems to gain further
Software Freedom in Perspective - Part 3 - GNU/Linux in Argentinian Desktops/Laptops
Daniel explains why many years ago many PCs shipped with GNU/Linux and that there was an economic reason for it. At least in Argentina.
Tivoisation and Decommodification in Clown Computing
Some firms or organisations lost sight of what "servers" or "hosting" even mean
The News Vacuum
The problem is worse than just an absence of reporting
x86 Lowered the Standards of Hardware Products
A lot of it is just hacks and cheats that help fake performance