09.02.18

Gemini version available ♊︎

EFF and TechDirt Continue to Challenge the USPTO (and the Courts) to Improve Patent Quality

Posted in America, EFF, Law, Patents at 10:08 am by Dr. Roy Schestowitz

Recent: Google Gets Told Off — Even by the Typically Supportive EFF and TechDirt — Over Patenting of Software

Indian eagle
Hitting back against patent hawks and eagles/vultures (those looking to prey on someone)

Summary: US-based sites/groups which are technology-leaning rather than lawyers- or litigation-leaning advise the world’s most powerful patent office and the corresponding courts to consider what’s truly unpatentable and decide accordingly

THE USPTO has been pressured to improve patent quality; one way to achieve this is to highlight obviously bad (and embarrassing) patent grants/awards. How about European Patents on literally fraudulent things (part of elaborate scams) and special awards for such people?

We recently wrote about a "Stupid European Patent" (EP) and we welcome pointers from readers (pointers to other ridiculous European Patents). In the meantime see “Stupid Patent Of The Month: A Newspaper On A Screen” by Alex Moss (EFF). This was published by TechDirt days after the original had been published in the EFF’s site to say:

One of the oldest challenges in journalism is deciding what goes on the front page. How big should the headline be? What articles merit front-page placement? When addressing these questions, publishers deal with a physical limit in the size of the page. Digital publishing faces a similar constraint: the storage capacity of the user’s device. You can only put as much content on the device as will fit. If that sounds like a fundamental to you, and unpatentable, idea, we agree. Unfortunately, the Patent Office does not. They recently decided to issue our latest Stupid Patent of the Month: U.S. No. 10,042,822, titled “Device, Method, and System for Displaying Pages of a Digital Edition by Efficient Download of Assets.”

The ’822 patent adds nothing remotely inventive or technological to the basic idea of providing a portion of a periodical—i.e., a newspaper—based on the amount of space available. The patent owner, Nuglif, makes an application for distributing news and media content.

Even a cursory glance at the patent reveals the limits of its technological reach. It explains: “The present invention is concerned with a processor-implemented method for displaying a digital edition readable by a dedicated software application running on a data processing device having a display screen, even though the digital edition is not completely downloaded on the data processing device.” The specification is typically elusive as to what that invention actually is, instead repeating the boilerplate phrase beloved by patent applicants, that “the description set forth herein is merely exemplary to the present invention and is not intended to limit the scope of protection.”

For the limits of the patent, we look to its claims, which define the applicant’s legal rights instead of describing the operation of the “invention” to which the claims supposedly correspond. The patent has only one independent claim, which includes steps of (a) receiving a pre-generated file linking to at least some content from current and upcoming digital editions, (b) requesting the linked-content for display, and (c) determining how much content from the upcoming edition to download based on publication date and device capacity.

Here is Mike Masnick’s take on the recently-mentioned EFF and R Street amicus brief (about SCOTUS and the Federal Circuit‘s decision). From TechDirt:

In order for something to be patentable subject matter, it has to meet a few criteria, listed out in the Patent Act. It needs to be a “useful process, machine, manufacture, or composition of matter” and it needs to be “non-obvious” to someone “having ordinary skill in the art.” But, perhaps most importantly it needs to be a new invention. You can’t patent something someone else already invented. That’s why prior art is so important.

Already, the US Patent Office is notoriously bad at finding prior art, which has been a big complaint here at Techdirt for over a decade. Part of this is that they limit what they’ll even look at as prior art, unless information is put directly in front of their faces by those trying to invalidate bad patents. Generally, most of the prior art that patent examiners look at consisted of… earlier patents and scientific journals. And that’s not nearly enough for a whole variety of reasons. But, now the Federal Circuit has suggested that even earlier patent applications may not really count as prior art.

EFF and R Street teamed up to file an amicus brief with the Supreme Court asking it to reverse the Federal Circuit (something the court has done over and over and over and over and over again in the last dozen or so years).

We’ve always appreciated the EFF’s campaigns regarding patents at the US Patent Office, sometimes more than on other occasions (there was a time when the EFF’s strategy was a lot poorer). Nowadays they openly speak about software patents; they speak out against these.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. When Twitter Protects Abusers and Abuse (and Twitter's Sponsors)

    Twitter is an out-of-control censorship machine and it should be treated accordingly even by those who merely "read" or "follow" Twitter accounts; Twitter is a filter, not a news/media platform or even means of communication



  2. IRC Proceedings: Tuesday, January 18, 2022

    IRC logs for Tuesday, January 18, 2022



  3. Links 19/1/2022: Wine 7.x Era Begins and Istio 1.12.2 is Out

    Links for the day



  4. Another Video IBM Does Not Want You to Watch

    It seems very much possible that IBM (or someone close to IBM) is trying to purge me from Twitter, so let’s examine what they may be trying to distract from. As we put it 2 years ago, "Watson" is a lot more offensive than those supposedly offensive words IBM is working to purge; think about those hundreds of Red Hat workers who are black and were never told about ethnic purges of blacks facilitated by IBM (their new boss).



  5. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  6. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  7. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  8. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  9. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  10. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  11. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  12. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  13. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  14. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  15. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  16. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  17. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  18. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  19. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  20. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  21. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  22. Links 16/1/2022: Tsunami and Patents

    Links for the day



  23. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  24. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  25. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  26. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  27. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  28. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  29. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  30. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule


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