Bonum Certa Men Certa

Patents on Computer Software and Plants in the United States Indicative of Systemic Error

Even after Alice and Mayo?

Business hands



Summary: The never-ending expansion of patent scope has meant that patent law firms generally got their way at the patent office; can the courts react fast enough (before confidence in patents and/or public support for patents is altogether shattered)?

THE endless greed of the patent microcosm has left the USPTO granting millions of questionable patents. The EPO is heading in a similar direction (if it survives at all). Thoughts and nature have begun being patented; until no rock is left unturned patent law firms seek patents on everything. Everything!



"Thoughts and nature have begun being patented; until no rock is left unturned patent law firms seek patents on everything."Earlier this week an article was published under the title "Patents in the US: Definition, Types, Pros and Cons". By "cons" they don't mean convictions but downsides. "Plant patent," it says, "probably the least obvious one, is a patent granted to new distinct species of plants created in a way mother nature never intended."

"How low will they sink/stoop in pursuit of patent monopolies? How broad a scope?"Well, "mother nature" intended nothing; it's a case of evolution by natural selection or breeding. Humans intervening in the process does not make it "innovation".

How low will they sink/stoop in pursuit of patent monopolies? How broad a scope?

Yesterday and this morning we also stumbled upon several examples of US software patents, starting with this Typerium story from The Blockchain:

Decentralized content creation and IP protection platform, Typerium, has filed two patents for its technology in order to keep competition at bay.


There's nothing some "blockchain" hype won't accomplish. There are many bogus software patents these days which are 'dressed up' as "blockchain" and here's another article published about that to say: "US financial services company American Express, also referred to as Amex, was granted a blockchain-related patent by the US Patent and Trademark Office (USPTO) on July 12. Called “systems and methods for blockchain based proof of payment,” the patent application was initially filed on January 12, 2017. The invention was created by Amex’s travel unit – American Express Travel Related Services."

Why did the USPTO grant this after Alice? These are utterly bogus software patents that should never have been granted in the first place and need to be rendered invalid, with or without Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs).

"These are utterly bogus software patents that should never have been granted in the first place and need to be rendered invalid, with or without Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs)."Another new example appeared at the end of last week at The Register, which spoke of a lawsuit "filed in a central California district court in May 2017, claimed the NFL was, without permission, borrowing on each of the patents when it developed a host of streaming services and websites that let football fans watch clips of beefy lycra-clad men inflicting violence on each other: NFL.com, Watch NFL Network/NFL Redzone, NFL Now, NFL Game Pass, NFL Mobile, the NFL App, and NFL Fantasy Football."

Law 360 wrote about that also:

NFL Enterprises LLC has settled a multivenue infringement fight brought by software and systems developers over their patents for online video services only a few months after a judge invalidated one of the claims, according to filings in California federal court and the Patent Trial and Appeal Board.


So PTAB did get involved, but not to a sufficient extent; they settled, so there won't be an appeal to the Federal Circuit (which is better at taking account of SCOTUS decisions such as Alice). Based on the above descriptions, those are software patents, which are a no-go zone after Alice.

Odd keyboard



Recent Techrights' Posts

Microsoft: Our "Goodwill" Gained Over 51 Billion Dollars in the Past Nine Months Alone, Now "Worth" as Much as All Our Physical Assets (Property and Equipment)
The makeup of a Ponzi scheme where the balance sheet has immaterial nonsense
FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
 
Lucas Kanashiro & Debian/Canonical/Ubuntu female GSoC intern relationship
Reprinted with permission from disguised.work
Pranav Jain & Debian, DebConf, unfair rent boy rumors
Reprinted with permission from disguised.work
Links 27/04/2024: Kaiser Gave Patients' Data to Microsoft, "Microsoft Lost ‘Dream Job’ Status"
Links for the day
Gemini Links 27/04/2024: Sunrise Photos and Slow Productivity
Links for the day
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day