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

08.04.17

Software Patents Are Not Potent in Courts and Are Not Good for Marketing Purposes Either (They Cause Alienation)

Posted in America, Courtroom, Patents at 3:42 am by Dr. Roy Schestowitz

Related: To Save Face, USPTO Ought to Stop Granting Software Patents Altogether

Summary: The status of software patents in the United States (and to a large degree elsewhere as well), especially in light of software’s transition into a sharing modality

WE can never stress strongly enough that even though the USPTO grants software patents, rarely will such patents turn out to be useful. These are hardly enforceable, except by patent trolls which prey on the poor (incapable of affording legal defense or even a petition to PTAB). They essential bypass the legal process.

“These are hardly enforceable, except by patent trolls which prey on the poor (incapable of affording legal defense or even a petition to PTAB).”“To obtain a software patent it is necessary to show that the effect of that software goes beyond a mere operational advantage,” Ruth Wright wrote yesterday, “and has some technical impact.”

Well, this might be a convenient loophole for walking past (or bypassing) examination, but what about prosecution? Experience suggests that even if such patents get granted, they will likely be invalidated (i.e. rendered WORTHLESS) in the courts.

“Experience suggests that even if such patents get granted, they will likely be invalidated (i.e. rendered WORTHLESS) in the courts.”Just because people can manage to be granted software patents does not mean that these patents are worth the effort and money. This is especially true after Alice. As we showed last month, during the summer it seemed like not a single software patent had ‘legs’ in the higher courts. It’s usually Alice that’s invoked to eliminate them. Nevertheless, there are press releases like this one from yesterday where patents on software are shown off. This one example is a company that says it “delivers two-factor and multi-factor authentication utilizing patented software-based grids to convert static passwords/PINs into secure one-time passwords or PINs (“OTPs”).”

“Now that Free/Libre software is becoming so prevalent, such patents are becoming ever more worthless in the “licensing” sense.”That’s just a software patent. It looks like it’s mostly used for marketing purposes (“patented software-based grids”), as Steph from IP Troll Tracker pointed out a couple of years ago. Patents for the sake of vanity are not only a waste of time but also a waste of money. Now that Free/Libre software is becoming so prevalent, such patents are becoming ever more worthless in the “licensing” sense.

Consider this article from yesterday which said patents “in coding [are] often enforced to the detriment of the community at large.”

Here is the relevant part in full:

For a long time free and open source software was a niche seen by many as a threat to major software developers and large corporations who wished to enforce stricter intellectual property rights. Although patents and intellectual property rights were originally designed to protect the rights of the creators, in coding this is often enforced to the detriment of the community at large.

This means that — just as IAM put it some days ago (in its latest issue) — Free/Libre software is here to stay and those who try to leverage software patents would merely stain their name and harm their reputation. Look what happened to Microsoft and IBM, for example.

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. “US Inventor” is a “Bucket of Deplorables” Not Worthy of Media Coverage

    Jan Wolfe of Reuters treats a fringe group called “US Inventor” as though it's a conservative voice rather than a bunch of patent extremists pretending to be inventors



  2. Team Battistelli's Attacks on the EPO Boards of Appeal Predate the Illegal Sanctions Against a Judge

    A walk back along memory lane reveals that Battistelli has, all along, suppressed and marginalised DG3 members, in order to cement total control over the entire Organisation, not just the Office



  3. PTAB is Safe, the Patent Extremists Just Try to Scandalise It Out of Sheer Desperation

    The Leahy-Smith America Invents Act (AIA), which gave powers to the Patent Trial and Appeal Board (PTAB) through inter partes reviews (IPRs), has no imminent threats, not potent ones anyway



  4. Update on the EPO's Crackdown on the Boards of Appeal

    Demand of 35% increases from the boards serves to show that Battistelli now does to the 'independent' judges what he already did to examiners at the Office



  5. The Lobbyists Are Trying to Subvert US Law in Favour of Patent Predators

    Mingorance, Kappos, Underweiser and other lobbyists for the software patents agenda (paid by firms like Microsoft and IBM) keep trying to undo progress, notably the bans on software patents



  6. Patent Trolls Based in East Texas Are Affected Very Critically by TC Heartland

    The latest situation in Texas (United States District Court for the Eastern District of Texas in particular), which according to new analyses is the target of legal scrutiny for the 'loopholes' it provided to patent trolls in search of easy legal battles



  7. Alice Remains a Strong Precedential Decision and the Media Has Turned Against Software Patents

    The momentum against the scourge of software patents and the desperation among patent 'professionals' (people who don't create/develop/invent) is growing



  8. Harm Still Caused by Granted Software Patents

    A roundup of recent (past week's) announcements, including legal actions, contingent upon software patents in an age when software patents bear no real legitimacy



  9. Links 18/11/2017: Raspberry Digital Signage 10, New Nano

    Links for the day



  10. 23,000 Posts

    23,000 blog posts milestone reached in 11 years



  11. BlackBerry Cannot Sell Phones and Apple Looks Like the Next BlackBerry (a Pile of Patents)

    The lifecycle of mobile giants seems to typically end in patent shakedown, as Apple loses its business to Android just like Nokia and BlackBerry lost it to Apple



  12. EFF and CCIA Use Docket Navigator and Lex Machina to Identify 'Stupid Patents' (Usually Software Patents That Are Not Valid)

    In spite of threats and lawsuits from bogus 'inventors' whom they criticise, EFF staff continues the battle against patents that should never have been granted at all



  13. The Australian Productivity Commission Shows the Correct Approach to Setting Patent Laws and Scope

    Australia views patents on software as undesirable and acts accordingly, making nobody angry except a bunch of law firms that profited from litigation and patent maximalism



  14. EPO 'Business' From the United States Has Nosedived and UPC is on Its Death Throes

    Benoît Battistelli and Elodie Bergot further accelerate the ultimate demise of the EPO (getting rid of experienced and thus 'expensive' staff), for which there is no replacement because there is a monopoly (which means Europe will suffer severely)



  15. Links 17/11/2017: KDE Applications 17.12, Akademy 2018 Plans

    Links for the day



  16. Today's EPO and Team UPC Do Not Work for Europe But Actively Work Against Europe

    The tough reality that some Europeans actively work to undermine science and technology in Europe because they personally profit from it and how this relates to the Unitary Patent (UPC), which is still aggressively lobbied for, sometimes by bribing/manipulating the media, academia, and public servants



  17. Links 16/11/2017: WordPress 4.9 and GhostBSD 11.1 Released

    Links for the day



  18. The Staff Union of the EPO (SUEPO) is Rightly Upset If Not Shocked at What Battistelli and Bergot Are Doing to the Office

    The EPO's dictatorial management is destroying everything that's left (of value) at the Office while corrupting academia and censoring discussion by threatening those who publish comments (gagging its own staff even when that staff posts anonymously)



  19. EPO Continues to Disobey the Law on Software Patents in Europe

    Using the same old euphemisms, e.g. "computer-implemented inventions" (or "CII"), the EPO continues to grant patents which are clearly and strictly out of scope



  20. Links 16/11/2017: Tails 3.3, Deepin 15.5 Beta

    Links for the day



  21. Benoît Battistelli and Elodie Bergot Have Just Ensured That EPO Will Get Even More Corrupt

    Revolving door-type tactics will become more widespread at the EPO now that the management (Battistelli and his cronies) hires for low cost rather than skills/quality and minimises staff retention; this is yet another reason to dread anything like the UPC, which prioritises litigation over examination



  22. Australia is Banning Software Patents and Shelston IP is Complaining as Usual

    The Australian Productivity Commission, which defies copyright and patent bullies, is finally having policies put in place that better serve the interests of Australians, but the legal 'industry' is unhappy (as expected)



  23. Patent Trial and Appeal Board (PTAB) Defended by Technology Giants, by Small Companies, by US Congress and by Judges, So Why Does USPTO Make It Less Accessible?

    In spite of the popularity of PTAB and the growing need/demand for it, the US patent system is apparently determined to help it discriminate against poor petitioners (who probably need PTAB the most)



  24. Declines in Patent Quality at the EPO and 'Independent' Judges Can No Longer Say a Thing

    The EPO's troubling race to the bottom (of patent quality) concerns the staff examiners and the judges, but they cannot speak about it without facing rather severe consequences



  25. The EPO is Now Corrupting Academia, Wasting Stakeholders' Money Lying to Stakeholders About the Unitary Patent (UPC)

    The Unified Patent Court/Unitary Patent (UPC) is a dying project and the EPO, seeing that it is going nowhere fast, has resorted to new tactics and these tactics cost a lot of money (at the expense of those who are being lied to)



  26. Links 15/11/2017: Fedora 27 Released, Linux Mint Has New Betas

    Links for the day



  27. Patents Roundup: Packet Intelligence, B.E. Technology, Violin, and Square

    The latest stories and warnings about software patents in the United States



  28. Decline of Skills Level of Staff Like Examiners and Impartiality (Independence) of Judges at the EPO Should Cause Concern, Alarm

    Access to justice is severely compromised at the EPO as staff is led to rely on deficient tools for determining novelty while judges are kept out of the way or ill-chosen for an agenda other than justice



  29. Links 14/11/2017: GNU/Linux at Samsung, Firefox 57 Quantum

    Links for the day



  30. Microsoft: Sheltering Oneself From Patent Litigation While Passing Patents for Trolls to Attack GNU/Linux

    Another closer look at Provenance Asset Holdings and what exactly it is (connection to AST, part of the cartel Microsoft subsidises to shield itself)


CoPilotCo

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

CoPilotCo

Recent Posts