Bonum Certa Men Certa

Patent Misconceptions Promoted in Media Dominated by the Patent Microcosm, Not Actual Innovators

Wong way



Summary: Examples from the media where popular myths have been promoted over the past few days, taking advantage of passivity and silence among those who actually create and invent

THE POPULAR media does not always inform readers/watchers. There's agenda to pass along and it dominates broadcast/papers. As we have been saying for years, it's rare to see actual technologists writing about patents; instead, it's typically law firms that do so.



Some days ago we saw this press release [1, 2] about new videos. To quote the opening paragraph:

Prof. John Rizvi, Esq, renowned AV-rated and one of the first board certified patent lawyers in the United States, and creator of the inventor platform, The Patent Professor€®, has released a groundbreaking educational animation video library designed to simplify arcane and complex aspects of patent law for entrepreneurs seeking to accelerate and win patent approval with the United States Patent Office (USPTO) for their ideas.


So what we have here is once again patent lawyers. They try to get the message across.

Over at Watchtroll, Shai Jalfin published an article on Friday and it was about cross-licensing -- a practice by which 2 or more very large companies cooperate to exclude smaller rivals, in essence bringing together patent portfolios to erect a bigger fence and ensure no litigation among them. Jalfin himself admits that "the duopoly profit attained by cross-licensing can be greater than the profit from a monopoly scenario." So yes, it's about exclusion and domination. To quote:

According to a study conducted by the Boston University School of Law, in 2011 patent litigation by so-called patent trolls cost US software and hardware companies a staggering $29 billion. Although that staggering figure has been discredited, few seriously doubt the reality that patent enforcement through litigation campaigns create risk for technology users and imposes a financial burden on industry. Even more modest assessments suggest a figure that is still over $7 billion.

One of the most common motivations, therefore, for cross-licensing agreements is to avoid spending valuable resources on suing and counter-suing for alleged patent infringement. Cross-licensing allows companies to reach an out-of-court settlement in which they barter their respective IP value and rights. The infringer/competitor now becomes an ally.

But cross-licensing is not just a barter to fend off intellectual property lawyers or reduce licensing fees – it can and should be the basis of forward-looking alliances that encourage knowledge flow and spur post-licensing innovations. Studies have shown that the duopoly profit attained by cross-licensing can be greater than the profit from a monopoly scenario.


"A patent gives a right of ownership on the invention," said another new blog post from the patent microcosm, but a patent is a monopoly, it is not an ownership. The blog post is titled "All you need to know about patents and how to protect your idea," but it's full of misconceptions too. From the introduction:

A patent gives a right of ownership on the invention. As an inventor, a patent gives you the exclusive right to control uses of your invention. You can either stop others from making, using or selling your invention without your permission, or you can choose to commercialise your right by letting them use your invention for a fee.


We saw some other examples in recent days, including "Meet the Patents: Where Signiant Leads, Others Follow" and "Patent Power 2017" from IEEE, which merely helps the large monopolies with patent glorification such as this. To quote:

Two household names—Amazon and eBay—are new additions to this year’s Patent Power Scorecards. It’s not that they hadn’t had valuable patent portfolios previously, but they had been omitted because their primary industry was retailing, which fell outside the tech-sector scope of the scorecards. However, as Amazon has branched out into Web services, its patent portfolio has become increasingly dominated by patents related to technologies such as networking infrastructure, Web transactions, and server hardware. The same is true for eBay, making both companies a natural fit for the Communication/Internet Services scorecard. Indeed, Amazon enters the scorecard straight into first place, knocking Google off the top spot. This makes Amazon the first company ever to rank ahead of Google in the Communication/Internet Services scorecard.


IEEE (Spectrum in this case) has long been problematic when it comes to patents. We wrote a great deal about that. It also promoted software patents.

The lack of objective coverage regarding patents (not attempting to sell services etc.) is a serious problem as it serves to reinforce profound misunderstandings.

Recent Techrights' Posts

What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
 
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025