Bonum Certa Men Certa

Patents Are Neither Ownership Nor Inventorship But a Temporarily-Granted Monopoly

Older: Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

The word art
Even art is nowadays being patented



Summary: The misuse of English words to make loaded statements about patents, as seen over the past week in a couple of blogs of patent maximalists

THE EPO overuses words like "inventor"; the USPTO (mis)uses words like "innovation" quite a lot, in essence just parroting the patent microcosm rather than applicants who think of themselves as developers, designers, engineers, programmers, builders, medics, chemists and so on (not "inventors").



"This 'words salad' from the patent microcosm is something we have become accustomed to"Spotted a couple of days ago was this new post by Peter Keros (patent microcosm). He spoke about "inventorship and ownership" in the following context:

Can vagueness in a development agreement allow standing to question inventorship of subsequently filed patents? The Federal Circuit held in Gregory C. James v. j2 Cloud Services, LLC, No. 2017-1506 (Fed. Cir. 2018) that an agreement vague on IP assignment could confer standing for a party to challenge inventorship of a patent.

[...]

Defendants lost because the SDA did not clearly establish that Plaintiff assigned the patent rights, so such agreements should explicitly assign rights to the correct parties. Furthermore, questions of inventorship and ownership should be clarified before starting infringement litigation to prevent subsequent challenges.


This 'words salad' from the patent microcosm is something we have become accustomed to. They use terms like "intellectual property", which is a propaganda term that vaguely alludes to a bunch of pertinent and entirely separate laws (such as copyright, patent, trademark and trade secrets) as though these are inseparable. They are also trying to confuse politicians and judges, calling acts of mere copying -- often not intentional at all -- "stealing", "theft" and even "piracy" (armed and often fatal robbery). As if these judges or politicians save actual lives by siding with the maximalists...

"They are also trying to confuse politicians and judges, calling acts of mere copying -- often not intentional at all -- "stealing", "theft" and even "piracy" (armed and often fatal robbery)."They often leverage words like "assets", "private", and "property" rather than "monopoly" or "franchise" (we saw lots of that in the buildup to Oil States). Days later Patently-O (a big culprit in this distortion of terms, including in the Oil States briefs) spoke of co-inventors/colleagues in relation to VerHoef (a CAFC case). It was about Section 101 and why a patent was altogether 'voided':

Once issued, Section 101 would still be available, but is questionable in my view (recognizing Congressional elimination of 102(f) should be given effect). An alternative would be to hold such patents unenforceable due to inequitable conduct (if intent is proven) or perhaps to simply refuse to give third-parties the opportunity to collaterally challenge patents based upon improper listing of inventors.


How can one persist with words like "inventors" when some patents are on mere designs? Those clearly aren't inventions, maybe just works of art (not even particularly sophisticated at that).

Watch out for control of discussions/narratives by mis-framing the underlying issues lexically/semantically. This happens far too often.

Recent Techrights' Posts

November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025
Slopwatch: Brian Fagioli, Google News, and Other LLM Slopfarms
Why does Google News keep promoting these fake articles?
Links 29/10/2025: Amazon Kept "Data Center Water Use Secret", "Abuse of Power" Against Media
Links for the day
Gemini Links 29/10/2025: "My Hardware Specs" and "Goodbye Debian…"
Links for the day
EPO Cocainegate: Feedback and Clarifications
Part III will come out soon
Links 29/10/2025: "US Military Is Destroying the Planet Beyond Imagination" and Boat Strikes Deemed Unlawful
Links for the day
Quality Comes First (Techrights Search)
It's generally working already, but we wish to polish it some more
Techrights Party Countdown
Late next week we'll be holding a party near our home
European Parliament and Council Directive on Privacy is Vanishing
"edited / censored some time more recently"
Over at Tux Machines...
GNU/Linux news for the past day