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

12.07.17

Watchtroll, AIPPI, Bristows and Others Keep Pushing Software Patents Agenda (in Spite of the Ban)

Posted in America, Australia, Europe, Patents at 8:37 am by Dr. Roy Schestowitz

AIPPI

Summary: Pressure groups and front groups of the patent microcosm (e.g. AIPPI) — sometimes even the patent microcosm acting directly — are still trying to make software patents legitimate, usually behind closed doors, e.g. in private events where only the patent microcosm can debate the subject (no software developers allowed)

WE are gratified to say that 3.5 years after Alice the USPTO is a lot more reluctant to grant patents on software and PTAB often invalidates software patents regardless. Failing that, the courts eliminate software patents (the higher the court, the more hostile toward software patents). This means that applicants are encouraged by the patent microcosm to find workarounds; Peter Glaser and William Gvoth at Watchtroll offered tips to that effect yesterday. Sadly for their bamboozled clients (or people who might naively follow their advice), courts would closely scrutinise patents and manage to figure out that Alice still applies (Section 101 exclusions applicable). Using tricks with semantics might help fool one single examiner, but that doesn’t scale well at PTAB (panels) and courts (judges, juries, expert witnesses, attorneys and so on).

“Using tricks with semantics might help fool one single examiner, but that doesn’t scale well at PTAB (panels) and courts (judges, juries, expert witnesses, attorneys and so on).”Basically, software patents are bunk. They’re finished. Sure, the patent microcosm will attempt to claim otherwise (in order to attract business) and also lobby politicians, but so far these people have not been successful. They also know they’re being watched and some of them like to heckle Techrights.

All these patents on blockchain (we wrote several articles about these) are quite likely worthless and merely a bubble, yet we still see articles like this one from yesterday. “Major financial and software institutions (and even some national governments),” it said, “are pouring money into blockchain-related research. This work has generated a crowded landscape of papers, patents and other references…”

“In reality, patents on financial methods (investment/payment/accounting) are some of the most feeble out there.”A lot of these patents come from the old banking industry. It’s trying to guard its territory and fend off disruptive technologies by claiming monopolies on these (in the form of patents). In reality, patents on financial methods (investment/payment/accounting) are some of the most feeble out there. They’re probably the most sensitive/fragile among all software patents, as various sites of the patent microcosm cared to admit.

It’s not just the case in the US by the way. Fisher Adams Kelly Callinans’s Ernest Graf, for example, has just remarked on the changes in Australia, which is formally ending software patents among other things. “The proposal that patent claims identify an invention’s technical features,” Graf wrote, “is part of the Government’s intention to better define what is appropriate “patentable subject matter”.”

Algorithms are not patentable in Australia. They’re very clear about that.

“AIPPI does not represent software developers; in fact, it’s an enemy of software developers. It represents people and firms like Bristows, who merely prey on software developers.”What about Europe? Well, the EPO is creating a massive bubble of patents which we already know to be invalid based on the EPC and Parliament. This bubble is waiting to explode. Two years ago AIPPI expressed concerns about the situation and the rapid deterioration of the EPO. Bristows’ new report from AIPPI Congress suggests that software patents are still a subject of discussion there. Benjamin Henrion sarcastically wrote this morning that what we have here is “Patentability of Computer-Implemented Inventions, written by the patent community for the goodness of software developers…”

It’s more like a coup. To quote Bristows’ staff which has been pushing hard for software patents for many years (in Europe the EPO likes to say “computer-implemented inventions” in order to dodge the term “software patents”):

But as this year’s resolution recited, that application has in fact been scattered, to the point that none of the US, European, Japanese, Chinese, or Korean patent offices even use the same terminology to describe computer-implemented inventions.

After reaffirming the principle that patents should be available for inventions in all fields of technology, and that computer-implemented inventions should not be excluded per se, the key tenets of AIPPI’s resolution were as follows:

(a) The eligibility of a computer-implemented invention for patent protection should not depend on the prior art or any assessment of novelty or inventive step. In other words, subject matter eligibility should assessed independently of these other requirements.

(b) A claim to a computer-implemented invention should pass the eligibility requirement if it defines an invention in at least one field of technology. Whether a claim does so should be assessed on a claim by claim basis, in relation to each claim as a whole.

The references to a “field of technology” adopt the language of Article 27 of TRIPS and Article 52 of the European Patent Convention. A mooted statement to the effect that a claim should be considered to define an invention in a field of technology only if it makes a novel and inventive contribution to that field of technology was debated, but not adopted in the final resolution. The resolution says nothing further about what it means, in AIPPI’s view, to “define an invention in a field of technology”.

AIPPI does not represent software developers; in fact, it’s an enemy of software developers. It represents people and firms like Bristows, who merely prey on software developers.

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. Links 22/11/2019: Slimbook’s GNU/Linux Laptops, Kubernetes Hype

    Links for the day



  2. Techrights is Still a Team Effort

    Getting involved in what we do is not difficult and it is even encouraged



  3. Guest Post/Off-Topic: Koalas Caught in Australian Bushfire

    Australian volunteers and rescuers need help to rescue helpless animals facing danger



  4. Global Patent Warming

    The old term "Global Patent Warming" comes to mind when one assesses the neoliberal approach of today's EPO, where the sole goal is making piles of money by granting loads and loads of illegal European Patents



  5. IRC Proceedings: Thursday, November 21, 2019

    IRC logs for Thursday, November 21, 2019



  6. Teaser: “Enriching Exchanges”

    Ahead of the fourteenth part in the Breton series this old tweet seems increasingly relevant



  7. Web Site Which Exposed Microsoft Crimes is Gone From the Web, But Copies Still Exist

    Reputation laundering operations of Microsoft tell us that Microsoft is a 'new' and 'reformed' company; but Comes v Microsoft documents serve to show that little has changed



  8. Understanding Thierry Breton: Socialising With the Elite

    "Bernadette Chirac is not the only Presidential widow with whom Valerie has close connections."



  9. Justice Peter Huber Speaking to a Front Group of Team UPC May Compromise the Integrity of the FCC and Its Outcomes

    The public reaction, even from some legal professionals, isn't too positive, seeing how judges from BVerfG (FCC) speak to the mouthpieces of Team UPC (biased and in the pockets of the litigation 'industry')



  10. Injustice at Every Level Would Simply Doom the Entire Patent System

    Repeated failure to restore the Rule of Law and enforce accountability/oversight in Europe's patent system renders the entire system moot; it is a case of adherence to basic constitutional pillars



  11. Understanding Thierry Breton: Thierry and the $100 Billion Man

    Thierry Breton's connections to the tax avoidance ploy of his friend Bernard Arnault



  12. Links 21/11/2019: Mesa 19.3.0 RC4, Canonical SPS

    Links for the day



  13. Links 21/11/2019: Charmed OSM, Mesa 19.2.5, DXVK 1.4.5, Zorin OS 15 Lite

    Links for the day



  14. Understanding Thierry Breton: Atos Healthcare - “The Ugly Face of Business”

    "...2,380 people died after their claim for employment and support allowance (ESA) ended because a work capability assessment (WCA) found that they were found fit for work."



  15. IRC Proceedings: Wednesday, November 20, 2019

    IRC logs for Wednesday, November 20, 2019



  16. Microsoft Tim: Microsoft is Now Defending Linux

    The difference between fiction and reality



  17. Justice Peter Huber of the German Federal Constitutional Court (FCC) Calls 'Bullshit' a Rumour Nobody Really Spreads

    A sort of 'trial by media' (by Team UPC) compromises the integrity of the case (constitutional complaint) and can be interpreted as judges succumbing to lobbying/pressure from those who conspire to violate many constitutions across Europe for personal/financial gain



  18. Understanding Thierry Breton: What Thierry Did Next...

    "Whether by coincidence or not, when Atos announced in 2010 that it would acquire Siemens’ IT unit, it was the 32-year-old Macron at Rothschild who advised Breton on the deal."



  19. Links 20/11/2019: HONOR MagicBook With GNU/Linux, Coreboot 4.11, GNU Health Patchset 3.6.1

    Links for the day



  20. IRC Proceedings: Tuesday, November 19, 2019

    IRC logs for Tuesday, November 19, 2019



  21. EPO Geared Towards Financial Exploitation of Europe Instead of Serving Europe

    For the financial benefit of law firms and patent offices (they profit from processing loads of patents and lawsuits) Europe is being reverted back to Medieval Times when exercising invention and free thought (or free coding) was a luxury of the rich alone



  22. Microsoft and IBM Are the Patent Trolls, They Won't Protect Us From Trolls

    "Microsoft has no taste" and IBM has no taste, either; they're lying to our collective face together with OIN and the 'Linux' Foundation



  23. How Ralph Nader Put It

    Ralph Nader on money in politics



  24. ZDNet (CBS) Associates GNU/Linux Users With ISIS

    Response to "US student was allegedly building a custom Gentoo Linux distro for ISIS," just published by ZDNet and composed by their biggest troll, Catalin Cimpanu



  25. Understanding Thierry Breton: Noël Forgeard and His “Golden Parachute”

    The end of the first half of the Breton series; in this particular part we continue to cover the EADS scandal and the second half of this series will include the EPO connections (the vote in a plenary for Breton's nomination is due 27/11)



  26. Links 19/11/2019: Zswap's B-Tree Search Implementation, WordPress 5.2.4

    Links for the day



  27. We've Already Entered the Era When Patents Should be Presumed Invalid

    The abundance of low-quality patents may mean short-term profits for patent offices and law firms; but we know at whose expense they are profiting and the legitimacy of patent systems suffers as a result



  28. Jean-Luc Breton

    Breton a champion of obstruction and obfuscation



  29. Understanding Thierry Breton: Insider-Trading Scandal at EADS

    Although Breton was not directly implicated in the insider trading scandal itself he did come under fire in 2007 for the role he played in a side-show to the main story, namely the payment of a generous € 8.5m severance package to Noël Forgeard when the EADS co-CEO was compelled to resign in June 2006.



  30. Startpage is Not Denying Its Betrayal of Privacy, It is Just Being Evasive

    They can't call you a liar if you issue a non-denying 'denial'; the "Roll Safe Think About It" meme seems applicable here


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