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

01.28.18

With the Heritage Foundation Getting Involved and Andrei Iancu Potentially Appointed on Monday, the Road Ahead Looks Troubling for Patents

Posted in America, Patents at 12:27 am by Dr. Roy Schestowitz

Hourglass

Summary: Signs that the patent microcosm and right-wing oligarchs can made headway with withdrawal of patent reforms in the United States

“Trump antitrust team sets sights on standard setting organisations as #IP policy continues marked shift from Obama White House,” IAM wrote the other day, adding that “guiding Trump policy principle of doing the exact opposite of the Obama admin is having its effect on #IP” (they mean patents).

“Given the notorious “GOP tax scam” (passed at 2 AM on a weekend), anything is possible with Trump.”So IAM sees this President as an opportunity for withdrawal of progress — a regression that can help patent aggressors and trolls? In an event of Conservative lobby groups (like those who have produced papers advocating software patents and trolls), IAM has claimed, they try to call the shots on patent policy in the US:

In a series of comments at an antitrust event held by the Heritage Foundation earlier this week in Washington DC, Andrew Finch, principal deputy assistant attorney general for antitrust at the DOJ, revealed that the division is investigating whether SSOs balance the interests of both patent owners and the users of IP.

Later on IAM wrote about Iancu, the patent maximalist who might become USPTO Director quite soon (there is still time to stop this). “Looks like Senate vote on Andrei Iancu for @uspto director may happen Monday (see p.9 of link),” IAM wrote, later adding: “There’s no guarantee a vote will happen Monday – one Hill observer says it means it “could” happen – but does mean confirmation is inching close…”

“They call these “reform” or “boxes”, but it’s just an excuse to cut tax for the super-rich, with the offhand excuse being “innovation”.”It would not be so shocking a thing. Given the notorious “GOP tax scam” (passed at 2 AM on a weekend), anything is possible with Trump. Also see the two new reports below. Just a classic loophole to enable massive corporations with many patents to avoid tax. They call these “reform” or “boxes”, but it’s just an excuse to cut tax for the super-rich, with the offhand excuse being “innovation”.

  • Patent Turmoil: Self-Created IP After Tax Reform

    The “Tax Cuts and Jobs Act of 2017″ (the “TCJA”) impact on the tax treatment of self-created intellectual property (“IP”) is resulting in a wide range of feelings depending on the nature of a particular party’s IP. Contrast the howls of outrage from inventors, their investors and the technology sector in general over those provisions of the “TCJA” impacting the tax treatment of self-created IP with the loud sighs of relief from Nashville, Los Angeles, Austin and other centers of the music industry that the TCJA does not impose on them the same changes.

  • The Cyprus Intellectual Property Tax Regime

    Under the Cyprus Tax legislation on Royalties effected in 2012 (IP Box Regime) Companies were allowed to have certain tax advantages as long as they were part of the qualified Intellectual Property (IP) rights with the condition that they were acquired/ developed before January 2012. Qualifying IP rights included but were not exhausted to copyrights, registered patents and trademarks, artistic or literal works, software etc. It should be noted that for IP rights registered outside the Republic of Cyprus, a Cyprus Company could still benefit from the IP Box Regime.

    [...]

    By introducing the revised IP box regime Cyprus has complied with OECD requirements and together with the extensive network of double tax treaties has established itself as an attractive location for registering an IP or Research and Development (R&D) Company in the Republic of Cyprus.

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 25/3/2019: Linux 5.1 RC2, Nano 4.0, PyPy 7.1

    Links for the day



  2. Links 24/3/2019: Microsoft Does Not Change; Lots of FOSS Leftovers

    Links for the day



  3. Just Published: Irrational Ignorance at the Patent Office

    Iancu and his fellow Trump-appointed "swamp" at the USPTO are urged to consult academics rather than law firms in order to improve patent quality in the United States



  4. Microsoft Paid the Open Source Initiative. Now (a Year Later) Microsoft is in the Board of the Open Source Initiative.

    The progression of Microsoft entryism in FOSS-centric institutions (while buying key "assets" such as GitHub) isn't indicative of FOSS "winning" but of FOSS being infiltrated (to be undermined)



  5. Jim Zemlin's Linux Foundation Still Does Not Care About Linux Desktops

    We are saddened to see that the largest body associated with Linux (the kernel and more) is not really eager to see GNU/Linux success; it's mostly concerned about its bottom line (about $100,000,000 per annum)



  6. Links 23/3/2019: Falkon 3.1.0 and Tails 3.13.1

    Links for the day



  7. The Unified Patent Court is Dead, But Doubts Remain Over the EPO's Appeal Boards' Ability to Rule Independently Against Patents on Nature and Code

    Patents used to cover physical inventions (such as engines); nowadays this just isn't the case anymore and judges who can clarify these questions lack the freedom to think outside the box (and disobey patent maximalists' dogma)



  8. Patent Law Firms Still Desperate to Find New Ways to Resurrect Dead Software Patents in the United States

    There's no rebound and no profound changes that favour software patents; in fact, judging by caselaw, there's nothing even remotely like that



  9. Links 22/3/2019: Libinput 1.13 RC2 and Facebook's Latest Security Scandal

    Links for the day



  10. Why the UK Intellectual Property Office (UK-IPO) Cannot Ignore Judges, Whereas the EPO Can (and Does)

    The European Patent Convention (EPC) ceased to matter, judges' interpretation of it no longer matters either; the EPO exploits this to grant hundreds of thousands of dodgy software patents, then trumpet "growth"



  11. The European Patent Office Needs to Put Lives Before Profits

    Patents that pertain to health have always posed an ethical dilemma; the EPO apparently tackled this dilemma by altogether ignoring the rights and needs of patients (in favour of large corporations that benefit financially from poor people's mortality)



  12. “Criminal Organisation”

    Brazil's ex-President, Temer, is arrested (like other former presidents of Brazil); will the EPO's ex-President Battistelli ever be arrested (now that he lacks diplomatic immunity and hides at CEIPI)?



  13. Links 21/3/2019: Wayland 1.17.0, Samba 4.10.0, OpenShot 2.4.4 and Zorin Beta

    Links for the day



  14. Team UPC (Unitary Patent) is a Headless Chicken

    Team UPC's propaganda about the Unified Patent Court (UPC) has become so ridiculous that the pertinent firms do not wish to be identified



  15. António Campinos Makes Up Claims About Patent Quality, Only to be Rebutted by Examiners, Union (Anyone But the 'Puff Pieces' Industry)

    Battistelli's propagandistic style and self-serving 'studies' carry on; the notion of patent quality has been totally discarded and is nowadays lied about as facts get 'manufactured', then disseminated internally and externally



  16. Links 20/3/2019: Google Announces ‘Stadia’, Tails 3.13

    Links for the day



  17. CEN and CENELEC Agreement With the EPO Shows That It's Definitely the European Commission's 'Department'

    With headlines such as “EPO to collaborate on raising SEP awareness” it is clear to see that the Office lacks impartiality and the European Commission cannot pretend that the EPO is “dafür bin ich nicht zuständig” or “da kenne ich mich nicht aus”



  18. Decisions Made Inside the European Patent Organisation (EPO) Lack Credibility Because Examiners and Judges Lack Independence

    The lawless, merciless, Mafia-like culture left by Battistelli continues to haunt judges and examiners; how can one ever trust the Office (or the Organisation at large) to deliver true justice in adherence or compliance with the EPC?



  19. Team UPC Buries Its Credibility Deeper in the Grave

    The three Frenchmen at the top do not mention the UPC anymore; but those who promote it for a living (because they gambled on leveraging it for litigation galore) aren't giving up and in the process they perpetuate falsehoods



  20. The EPO Has Sadly Taken a Side and It's the Patent Trolls' Side

    Abandoning the whole rationale behind patents, the Office now led for almost a year by António Campinos prioritises neither science nor technology; it's all about granting as many patents (European monopolies) as possible for legal activity (applications, litigation and so on)



  21. Where the USPTO Stands on the Subject of Abstract Software Patents

    Not much is changing as we approach Easter and software patents are still fool's gold in the United States, no matter if they get granted or not



  22. Links 19/3/2019: Jetson/JetBot, Linux 5.0.3, Kodi Foundation Joins The Linux Foundation, and Firefox 66

    Links for the day



  23. Links 18/3/2019: Solus 4, Linux 5.1 RC1, Mesa 18.3.5, OSI Individual Member Election Won by Microsoft

    Links for the day



  24. Microsoft and Its Patent Trolls Continue Their Patent War, Including the War on Linux

    Microsoft is still preying on GNU/Linux using patents, notably software patents; it wants billions of dollars served on a silver platter in spite of claims that it reached a “truce” by joining the Open Invention Network and joining the LOT Network



  25. Director Iancu Generally Viewed as a Lapdog of Patent Trolls

    As Director of the Office, Mr. Iancu, a Trump appointee, not only fails to curb patent trolls; he actively defends them and he lowers barriers in order to better equip them with bogus patents that courts would reject (if the targets of extortion could afford a day in court)



  26. Links 17/3/2019: Google Console and IBM-Red Hat Merger Delay?

    Links for the day



  27. To Team UPC the Unified Patent Court (UPC) Has Become a Joke and the European Patent Office (EPO) Never Mentions It Anymore

    The EPO's frantic rally to the very bottom of patent quality may be celebrated by obedient media and patent law firms; to people who actually produce innovative things, however, this should be a worrisome trend and thankfully courts are getting in the way of this nefarious agenda; one of these courts is the FCC in Germany



  28. Links 16/3/2019: Knoppix Release and SUSE Independence

    Links for the day



  29. Stopping António Campinos and His Software Patents Agenda (Not Legal in Europe) Would Require Independent Courts

    Software patents continue to be granted (new tricks, loopholes and buzzwords) and judges who can put an end to that are being actively assaulted by those who aren't supposed to have any authority whatsoever over them (for decisions to be impartially delivered)



  30. The Linux Foundation Needs to Speak Out Against Microsoft's Ongoing (Continued) Patent Shakedown of OEMs That Ship Linux

    Zemlin actively thanks Microsoft while taking Microsoft money; he meanwhile ignores how Microsoft viciously attacks Linux using patents, revealing the degree to which his foundation, the “Linux Foundation” (not about Linux anymore, better described as Zemlin’s PAC), has been compromised


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