EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

02.22.17

Software Patents Are Ebbing Away, But the “Swamp” Fights Back and Hijacks the Word “Fix”

Posted in America, Patents at 3:33 pm by Dr. Roy Schestowitz

When they say “fix” they mean the very opposite of it

Randall R. Rader
Photo from Reuters

Summary: The club of patent maximalists, or those who profit from excess prosecution and legal chaos, isn’t liking what has happened in the United States and it wants everything reversed

“Twenty patents,” this new report says. “That’s how many patents were invalidated in only three decisions in the last few weeks alone.” The report, titled “The Supreme Court’s Impact on Patentable Subject Matter,” is behind walled gardens (or paywall), but it shows just how desperate the meta-industry of patents is becoming. Confidence in abstract (esque) patents is eroding because of Alice (and Mayo to a lesser degree).

“Confidence in abstract (esque) patents is eroding because of Alice (and Mayo to a lesser degree).”Longtime readers of ours know that we are not against patents, not inherently or even intrinsically. We believe that quality control for patents is essential; otherwise we have just a cash cow controlled by few monopolists, granting millions of patents on anything conceivable and denying free (as in freedom) innovation.

We are amused to see this new piece from Quinn IP Law (not IP Watchdog‘s Quinn, but a similar attitude); it’s titled “The 20 Year War On Patents: When Will It End?” (sounds like a headline from IP Watchdog/Watchtroll) and it is, as usual inverting narratives of the offensive and defensive. In reality, for a number of decades, patents attacked (as in “war”) ordinary people and small companies; the system wasn’t “under attack” but actually attacking, using patents. Unlike Quinn’s portrayal (he puts it misleadingly, painting litigation/prosecution as “defense”), the reality is that the system is belatedly changing, having failed to fulfill its original goals.

“The matter of fact is, trolls use software patents most of the time; some have estimated 70% of the time (depending on how one classifies these patents and adds them up).”Quinn wrote that the “Federal Circuit’s 1998 State Street Bank decision was a sweeping departure from precedent and opened the floodgates to so-called business method patents, leading to a significant outcry against “bad patents.” Also, out-of-control patent troll litigation gave birth to the anti-troll movement, which further fueled the fires of an anti-patent backlash, resulting in judicial and legislative action amounting to arguably the most significant pendulum swing against patent rights in US history. Many of the resulting changes were necessary to address these problems, but how far have we gone, and when will it end?”

The matter of fact is, trolls use software patents most of the time; some have estimated 70% of the time (depending on how one classifies these patents and adds them up). So the two aforementioned issues are closely connected.

Joining the likes of Quinn IP Law, we now have Gene Quinn’s Watchtroll (promoter of software patents and trolls), calling the the patent system to be “fixed”. The “Swamp” of Watchtroll, which can’t help attacking the USPTO Director who cleaned up a lot of the mess, says “fix the patent system” but actually it means break the system (again, like in the Reagan days). They’re trying to hijack terms like “fix” (or “reform”) to mean the very opposite of it!

“Facts are not on their side, but money is on their side and if they can afford to repeat their lies many times in a lot of different publications, then they might actually, successfully, fool some politicians.”They also latch onto that China nonsense (it’s granting patents on every silly thing). To quote one example: “While we have damaged our patent system, China has strengthened theirs. Today, China leads the world in new patent filings.”

That’s not strengthening, that’s weakening. They lower their standards and have merely become a platform for opportunists such as patent trolls. The other day, Watchtroll also published this article titled “How to Fight Low Quality Patents Related to Commoditized Technology that Threaten Innovation”. It did speak about trolls as follows:

The most successful patent trolls tend to be those with the sharpest noses for weakness. They sniff out low quality patents and hit legitimate businesses where they’re vulnerable in order to make money without doing the actual work of innovation.

And incidentally, they typically use software patents, which Watchtroll can’t help promoting every other day.

The likes of Watchtroll and that greedy bunch of self-serving maximalists are thankfully enough losing the battle. That is why they have grown so desperate and are now painting a revocation of a fix (regression) as a “fix”. Facts are not on their side, but money is on their side and if they can afford to repeat their lies many times in a lot of different publications, then they might actually, successfully, fool some politicians. Right now they try to get Rader installed as USPTO Director. If the “Swamp” had a human face to it, he is it.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. 5 Years Ago the Linux Foundation Turned Linux.com Into a Non-Linux Site

    One can leverage the Internet Archive’s Wayback Machine to better understand how, over time, the Foundation called “Linux” deviated or diverged away from its mission statement for the sole purpose of raising corporate funds and selling influence to corporations (passing the community’s hard work to them — a form of tacit privatisation)



  2. Microsoft Redefining Ownership and Identity of GNU/Linux

    The idea that “Microsoft loves Linux” is as insane as it gets; but the lie which is “Microsoft loves Linux” is a powerful enabler of Microsoft entryism, e.g. if Greg steps down, does a Microsoft employee become the deputy of Linus Torvalds?



  3. Things That Cannot Be Said

    The limits on what we can say are mostly defined by what sources permit us to say publicly (for the sake of source protection)



  4. Fake European Patents (on Algorithms) Leading to Fake Embargoes

    Law firms have gotten their way in Germany; instead of supporting the productive workers the patent system is nowadays promoting the litigation 'industry' and it ought to be corrected



  5. From Moderate Advice to FUD and Misinformation: The Case of a VPN Vulnerability (CVE-2019-14899)

    What should have been a trivial bugfix in a variety of operating systems and bits of software — both proprietary and Free software — somehow became anti-Linux FUD, clickbait and worse



  6. Dangerous Thinker

    Society oughtn't be alarmed by people who say unusual things; it should be wary and sceptical of those corporations ever so eager to silence such people



  7. Unitary Patent (UPC) Died Along With the Credibility of Managing IP and the Rest of the UPC Lobby

    It is pretty astounding that Team UPC (collective term for people who crafted and lobby for this illegal construct) is still telling us lies, even in the absence of underlying supportive facts, and pressure groups disguised as "news sites" latch onto anything to perpetuate an illusion of progress (even in the face of a growing number of major barriers)



  8. IRC Proceedings: Friday, December 06, 2019

    IRC logs for Friday, December 06, 2019



  9. Links 7/12/2019: Fedora 31 Elections Results, Lots of Media Drama Over VPN Bug

    Links for the day



  10. Links 6/12/2019: DRM in GNU/Linux and Sparky Bonsai

    Links for the day



  11. The EPO Rejects Innovation

    The EPO ceased caring about the needs of scientists whose work involves invention; instead, EPO management crafts increasingly lenient guidelines that yield illegal European Patents (not compatible with the EPC) that heavily-besieged EPO judges are unable to stop



  12. Startpage CEO Robert Beens in 'Damage Control' Mode, Trying to Get Startpage Relisted After Selling to a Massive Surveillance Company

    PrivacytoolsIO is being lobbied by the CEO of Startpage to relist Startpage, based on no actual refutations at all



  13. IRC Proceedings: Thursday, December 05, 2019

    IRC logs for Thursday, December 05, 2019



  14. Links 5/12/2019: qBittorrent 4.2.0, Expensive Librem 5 and OpenBSD Bugs

    Links for the day



  15. Microsoft Staff Repeatedly Refuses to Tell How Many People Use WSL, Defends Patent Extortion and Blackmail of Linux Instead

    The people who develop WSL (mostly Microsoft employees) get easily irritated when asked how many people actually use this thing; but more interestingly, however, they reveal their disdain for GNU/Linux and support for Microsoft blackmail (for 'Linux patent tax')



  16. IRC Proceedings: Wednesday, December 04, 2019

    IRC logs for Wednesday, December 04, 2019



  17. Links 4/12/2019: Tails 4.1, UCS 4.4-3 and Proxmox VE 6.1

    Links for the day



  18. Google Tightens Its Noose

    Now it’s official! Google is just a bunch of shareholders looking to appease the Pentagon at all costs



  19. Europeans Still Need to Save the European Patent Office From Those Who Attack Its Patent Quality

    Patent quality is of utmost interest; without it, as we're seeing at the EPO and have already seen at the USPTO for a number of years, legal disputes will arise where neither side wins (only the lawyers win) and small, impoverished inventors or businesses will be forced to settle outside the courts over baseless allegations, often made by parasitic patent trolls (possessing low-quality patents they don't want scrutinised by courts)



  20. We Never Accepted and Will Never Accept Corporate Money

    Corporate money is a unique problem because of its magnitude and the fact that it's impersonal; shareholders can only ever accept its supposed justifications if they're receiving something in return (of proportional worth to the payment/transaction)



  21. IRC Proceedings: Tuesday, December 03, 2019

    IRC logs for Tuesday, December 03, 2019



  22. Links 3/12/2019: elementary OS 5.1 Hera, Plasma 5.17.4, Firefox 71

    Links for the day



  23. Laundering the Reputation of Criminals: That's an Actual Job

    An important reminder that the manufactured, paid-for (media is being bribed) image of Bill Gates is the product of the PR industry he enlisted to distract from his endless crimes



  24. 'Priceless' Tickets to the EPO's Back End and Team UPC

    CIPA's and the EPO's event (later this week) is more of the same; the EPO exists not to serve European businesses but a bunch of law firms and their biggest clients (which usually aren't even European)



  25. IRC Proceedings: Monday, December 02, 2019

    IRC logs for Monday, December 02, 2019



  26. New EPO Leak Shows That the Rumours and Jokes Are Partly True and We Know Who 'Runs the Show'

    Europe’s second-largest institution is so profoundly dysfunctional, a reprehensible kakistocracy of tribalism, money-grabbing career-climbing autocrats and possibly major fraud; today’s leak looks at what motivated and enabled the formation and latest incarnation of “Team Campinos”



  27. Links 2/12/2019: Linux Mint 19.3 Beta, DPL Sam Hartman Talks About SystemD

    Links for the day



  28. What Former Debian Project Leader (Second to the Late Ian Murdock) Thinks About SystemD in Debian GNU/Linux

    Now that Debian is debating and voting on diversity in the technical sense the thoughts of Bruce Perens merit broader audience/reach



  29. Free/Libre Software Will Eventually Become the Norm, 'Open Source' is Just Proprietary Software Trying to 'Buy Time'

    More people are starting to ask questions about Free software while “Open Source” languishes (people can see it’s just a mask for proprietary software); it was a two-decade delaying tactic that’s wearing off (people see GitHub and the OSI/Linux Foundation for what they really are)



  30. IRC Proceedings: Sunday, December 01, 2019

    IRC logs for Sunday, December 01, 2019


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts