Bonum Certa Men Certa

Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

Privatisation of mere actions or thoughts -- not just devices -- a symptom of patent scope gone awry

History of patent law
Reference: History of patent law



Summary: Patent maximalism and distortion of concepts associated with patents tackled again, for terminology is being hijacked by those who turned patents into their "milking cows"

IN his writings about USPTO-granted patents, Professor Crouch recently looked at pertinent laws and went somewhat philosophical. Yesterday he deconstructed a patent where one of the supposed merits or inventions is that the operator of a vehicle needs to be present. To quote: "The claims require that the operator platform “support an entire body of an operator” during operation use of the vehicle."



"We certainly hope that the Patent Office sticks to the principle that human operation (a la business methods) as opposed to mechanics should not become patentable."We have no issues with patents on mechanics, however to name a human being as some sort of ingredient is approaching the territory of the laughable. Lawn mowers have existed for a very long time (nearly 200 years according to Wikipedia) and having an operator present on top isn't entirely novel, either. We certainly hope that the Patent Office sticks to the principle that human operation (a la business methods) as opposed to mechanics should not become patentable.

"The “public rights” issue is complicated," Crouch explains. "but the basic outcome is simple – if patents rights are not public rights (but instead private rights) then an administrative agency cannot lawfully revoke a patent once issued (without the permission of the patentee)."

"Well, a patent is a government-granted monopoly and not a "property" or an "asset" per se."Crouch later posted some more thoughts, noting that "[i]n the “land patent” system, ownership is originally vested in the sovereign and then transferred to the recipient, but it seems to me that the patents on inventions probably work differently. In the end, I expect that this may have some impact on the public-rights cases."

Well, a patent is a government-granted monopoly and not a "property" or an "asset" per se. Artistic wordings that attribute physical properties to ideas are worse than dishonest; that's how the recording industry paints copying (or sharing) as "piracy" and "theft". Saying things like "ownership" (or similar, e.g. someone "bought" a patent or "stole" a patent) makes as much sense as "eating" an idea.

Patents are not rights but exceptional privileges with burden of justification on the recipient. If the "administrative agency cannot lawfully revoke a patent," to quote the above, even when a patent was obviously granted in error or is doing a disservice to public interests (not so-called 'public rights'), then maybe it's time to return to the drawing board. The history of patent systems is checkered and complex and if anything is to be learned from this history, it is that no patent system should be taken for granted and blindly accepted. We need to evolve in lieu with dissemination of concepts over the Internet, the programmability of computers without having to reconfigure hardware (mechanics), and many other advancements.

Comments

Recent Techrights' Posts

All the Latest 'Articles' in This Fake 'News' Site Are SPAM, LLM Slop, or Both (to Googlebomb CES)
These people destroy the Web
LLMs Destroy the Web Not Just by Filling It With Cruft and Chaff (Slop)
It'll destroy many sites or increase the cost of running them
Who Says Microsoft Is Actually Succeeding as a Business? (It's Faking a Lot)
Microsoft has been cooking the books for a long time
The Free Software Foundation (FSF) Turns 40 This Year, Now It Shows Possible Logos for the Special Event That Celebrates Sharing
FSF's options in a nutshell
President Biden Has Less Than a Fortnight Left to Pardon Julian Assange (Donald Trump's Regime Plotted to Assassinate Assange)
Don't try to lecture/explain/preach to people that exposing corruption, resisting corruption, and merely covering corruption is "bad" because crime "is everywhere"
 
Microsoft Starts 2025 Like 2024: Mass Layoffs Every Month!
It's a company in tailspin
Links 08/01/2025: Arrest of Yoon Suk Yeol Still Due, Prime Minister of Canada Stepped Down
Links for the day
Gemini Links 08/01/2025: Why Mastodon Sucks and Fake Code Generated by Scanning Real Code
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 07, 2025
IRC logs for Tuesday, January 07, 2025
Microsoft Has a Google Problem (and GNU/Linux Problem) in Sweden
Sweden likes Chromebooks, Web access data suggests
Less Than a Tenth of a Second
Look ma, static pages!
[Meme] The LLM Salesperson
LLMs are net liability (loss)
Links 06/01/2025: 10 Years Since Terrorism Against Satire in France
Links for the day
Gemini Links 07/01/2025: Praise of E-mail and App Store 'Invention'
Links for the day
[Meme] Removing Correct Information
publish what's true
From 92% to Less Than 25%: How Microsoft Lost Norway (and Still Loses What's Left)
just like in most countries
Matt Birchler: "This is why it’s important for people to own their presence on the web, especially when it comes to government agencies that need to communicate with people."
hours ago
Microsoft Continues to Attack Users' Choice
We're being herded into uniformity
Diversity of Views, Diversity of Sources
We want diversity, not monopoly
With 10 Days Left the Free Software Foundation (FSF) Looks to Raise Just Over $50,000 More
More than 10 days in Boston (eastern coast)
In Europe, Russia's Yandex About to Become Bigger Than Microsoft's Bing, Google Search Estimated to Have Grown Since the LLM Hype Began
Remember that Bing had many layoffs in the past 2 years, the corporate media barely reported on those
The Google Exodus That Wasn't
Search engines exist to serve their masters, not their users
Google (Blogger) is Already Disintegrating and It's a Reminder of the Great Dangers of Outsourcing Blogs to Companies (Including Automattic or WordPress.com)
Plus, Phoronix admits that using PHP - and not static pages - causes the Web site to be DDOSed, sort of
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 06, 2025
IRC logs for Monday, January 06, 2025
Links 06/01/2025: Presidential Arrest and Kursk as Bargaining Card
Links for the day
BetaNews Has Basically Become a Spamfarm, All the Latest 'Articles' Are SPAM and LLM Slop
No kidding...
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
Links 06/01/2025: Cyber Security in 2025 Still a Joke (Undermined by Authorities Themselves), US Layoffs 2025 Commence Today
Links for the day
Links 06/01/2025: Security Theatre and BBS Archives
Links for the day
[Meme] Don't Worry, They Say There's 7 Trillion Dollars Waiting at the Top
At whose expense? With whose consent?
Fedora Seems to be Dying of Neglect by IBM
IBM is doing to Fedora what it did to CentOS. It's still there, but only/mostly by name.
TRILLIONS! And TRILLIONS and TRILLIONS and TRILLIONS! Invest today!
If the mainstream media and national broadcasters know (and can see) it's a pyramid scheme, why aren't they calling it?
[Meme] A Corporate Wolf in Sheep Clothing
Will Apple "fans" pay attention? Will they even care?
British Police: Register a New Account With Unscrupulous American Companies (Microsoft and MElon X) to "Follow" Us
When authorities outsource to foreign social control media
Links 06/01/2025: Leftover General News and Dangers of US Debt Default
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 05, 2025
IRC logs for Sunday, January 05, 2025
Gemini Links 06/01/2025: End of Christmas, New Leaves and Fresh Starts
Links for the day