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

05.30.19

Proposed Legislation From Senators Tom Tillis and Chris Coons Will Perish as Usual, Just Like UPC in Europe

Posted in America, EFF, Europe, Law, Patents at 8:36 am by Dr. Roy Schestowitz

The United States has its own ‘Team UPC’ and the likes of Battistelli at the EPO

Coons bribed

Summary: A great deal of attention is being paid to a bill that’s extremely unlikely to result in anything because it’s very unpopular, even among sponsors of Congress (not just the public at large)

AT THE START of the year the EFF warned that software patents would make a "comeback" because the Trump-appointed Director of the U.S. Patent and Trademark Office (USPTO) wanted to water down 35 U.S.C. § 101. As we explained at the time, this would have no bearing on actual courts. Since then the courts have indeed lashed out. So the threat was clearly overhyped, as we’ve explained many times since. Let’s look at the data. Have software patents made a comeback? Not really, not in courts anyway. SCOTUS isn’t revisiting the subject (even when asked), the Federal Circuit applies Alice routinely, and the Patent Trial and Appeal Board (PTAB) is still doing its job as shown by inter partes reviews (IPRs) figures, which are publicly accessible. Patent maximalists thus started focusing on ex parte reexaminations, also part of America Invents Act (AIA) but inherently different from IPRs (which are a lot more powerful). We’ve seen some misleading posts from Anticipat (and have not linked to them) and yesterday Janal Kalis wrote: “The PTAB Affirmed an Examiner’s 101 Rejection of Claims in a Patent Application Owned by Stanford Univ. for Analyzing Digital Medical Records” (such patents still routinely perish, but the likes of Kalis typically ignore the evidence and focus on reversal of decisions when software patents are allowed, not rejected).

Alex Moss (EFF) has just published something titled “A Terrible Patent Bill is On the Way” and here’s what it said (déjà vu as it happened in prior years):

Recently, we reported on the problems with a proposal from Senators Coons and Tillis to rewrite Section 101 of the Patent Act. Now, those senators have released a draft bill of changes they want to make. It’s not any better.

Section 101 prevents monopolies on basic research tools that nobody could have invented. That protects developers, start-ups, and makers of all kinds, especially in software-based fields. The proposal by Tillis and Coons will seriously weaken Section 101, leaving makers vulnerable to patent trolls, and other abusers of the patent system.

The draft legislation does remove a few aspects of the earlier proposal, but it has the exact same effect: it will erase more than a century of Section 101 case law—including the recent decision in Alice v. CLS Bank—and take away courts’ power to restore them.

It’s yet another post from the EFF in which the threat is, in our assessment, overblown somewhat. They merely give more visibility to something which doesn’t deserve it (and wouldn’t have earned it otherwise). Well, we wrote about it last week (after the CCIA too had written about this); it is pushed by a few bribed politicians (paid by the litigation ‘industry’, ‘bought’ for these laws), not “Congress” as Mike Masnick (TechDirt founder) puts it in “Congress Now Pushing ‘Bring Back The Patent Trolls’ Bill”. They merely had a little meeting, whereupon patent maximalists pretended it was some major news or development. To quote Masnick:

Back in April we warned about a truly terrible plan by some in Congress to obliterate the last few years of the Supreme Court fixing our broken patent system, and flinging the doors wide open to patenting genes, medical diagnostics, and software (all of which the Supreme Court has mostly rejected as abusive and monopolizing nature). One had hoped that after having explained to them how disastrous such a bill would be, that its backers might think carefully in crafting the final bill. Instead, Senators Tom Tillis and Chris Coons, along with Reps. Hank Johnson and Steve Sivers instead decided to double down with a bill that would massively stifle innovation.

There are some decent comments on there, e.g. from “That Anonymous Coward”:

Who wants to help me get a patent shoved through on running for an elected office & accepting money to pass laws favorable to those paying me??
Considering what other patent trolls have earned we could bankrupt congress.

At the start of the year we insisted that this idiocy would not pose a great threat because courts just carry on as usual, based on caselaw (not Congress), and these bills (as above) are nothing new. We don’t even want to give them attention/visibility anymore; they’re going to perish on their own.

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 9/12/2019: Linux 5.5 RC1, EasyOS Buster 2.1.9

    Links for the day



  2. IRC Proceedings: Sunday, December 08, 2019

    IRC logs for Sunday, December 08, 2019



  3. Mandatory Education for Those Who Use and Misuse Buzzwords Would Go a Long Way

    In an age of substitution — where marketing terms replace meaningful words and concepts — it has gotten more difficult to have honest debates, for example about the scope of patents



  4. Once Upon a Time Banter Was Allowed on Mailing Lists

    Hours ago Torvalds announced RC1 of the next Linux (kernel) release; it has been a while since he last said something ‘controversial’ (following his month at the penalty box); free speech deficit can make us weaker, not stronger (advantage to those who work in the dark)



  5. Links 8/12/2019: Debian Init Systems GR, NomadBSD 1.3

    Links for the day



  6. Can We Quit Celebrating DRM in GNU/Linux?

    Over the past couple of days various news sites and "Linux" sites expressed great satisfaction [1-5] over the passive embrace of Disney's DRM ploy (Disney+), even when Disney itself rejects DRM, seeing the harms practically caused by it [6,7]



  7. You Know WSL is Bad for GNU/Linux Because Anti-Linux People, Microsoft and Its Propagandists, Want People to Use That

    Microsoft and its boosters (and media partners) haven’t grown tired of spreading falsehoods to stigmatise and take control of GNU/Linux by creating their own versions and traps for it



  8. IRC Proceedings: Saturday, December 07, 2019

    IRC logs for Saturday, December 07, 2019



  9. 5 Years Ago the Linux Foundation Turned Linux.com Into a Non-Linux Site

    One can leverage the Internet Archive’s Wayback Machine to better understand how, over time, the Foundation called “Linux” deviated or diverged away from its mission statement for the sole purpose of raising corporate funds and selling influence to corporations (passing the community’s hard work to them — a form of tacit privatisation)



  10. Microsoft Redefining Ownership and Identity of GNU/Linux

    The idea that “Microsoft loves Linux” is as insane as it gets; but the lie which is “Microsoft loves Linux” is a powerful enabler of Microsoft entryism, e.g. if Greg steps down, does a Microsoft employee become the deputy of Linus Torvalds?



  11. Things That Cannot Be Said

    The limits on what we can say are mostly defined by what sources permit us to say publicly (for the sake of source protection)



  12. Fake European Patents (on Algorithms) Leading to Fake Embargoes

    Law firms have gotten their way in Germany; instead of supporting the productive workers the patent system is nowadays promoting the litigation 'industry' and it ought to be corrected



  13. From Moderate Advice to FUD and Misinformation: The Case of a VPN Vulnerability (CVE-2019-14899)

    What should have been a trivial bugfix in a variety of operating systems and bits of software — both proprietary and Free software — somehow became anti-Linux FUD, clickbait and worse



  14. Dangerous Thinker

    Society oughtn't be alarmed by people who say unusual things; it should be wary and sceptical of those corporations ever so eager to silence such people



  15. Unitary Patent (UPC) Died Along With the Credibility of Managing IP and the Rest of the UPC Lobby

    It is pretty astounding that Team UPC (collective term for people who crafted and lobby for this illegal construct) is still telling us lies, even in the absence of underlying supportive facts, and pressure groups disguised as "news sites" latch onto anything to perpetuate an illusion of progress (even in the face of a growing number of major barriers)



  16. IRC Proceedings: Friday, December 06, 2019

    IRC logs for Friday, December 06, 2019



  17. Links 7/12/2019: Fedora 31 Elections Results, Lots of Media Drama Over VPN Bug

    Links for the day



  18. Links 6/12/2019: DRM in GNU/Linux and Sparky Bonsai

    Links for the day



  19. The EPO Rejects Innovation

    The EPO ceased caring about the needs of scientists whose work involves invention; instead, EPO management crafts increasingly lenient guidelines that yield illegal European Patents (not compatible with the EPC) that heavily-besieged EPO judges are unable to stop



  20. Startpage CEO Robert Beens in 'Damage Control' Mode, Trying to Get Startpage Relisted After Selling to a Massive Surveillance Company

    PrivacytoolsIO is being lobbied by the CEO of Startpage to relist Startpage, based on no actual refutations at all



  21. IRC Proceedings: Thursday, December 05, 2019

    IRC logs for Thursday, December 05, 2019



  22. Links 5/12/2019: qBittorrent 4.2.0, Expensive Librem 5 and OpenBSD Bugs

    Links for the day



  23. Microsoft Staff Repeatedly Refuses to Tell How Many People Use WSL, Defends Patent Extortion and Blackmail of Linux Instead

    The people who develop WSL (mostly Microsoft employees) get easily irritated when asked how many people actually use this thing; but more interestingly, however, they reveal their disdain for GNU/Linux and support for Microsoft blackmail (for 'Linux patent tax')



  24. IRC Proceedings: Wednesday, December 04, 2019

    IRC logs for Wednesday, December 04, 2019



  25. Links 4/12/2019: Tails 4.1, UCS 4.4-3 and Proxmox VE 6.1

    Links for the day



  26. Google Tightens Its Noose

    Now it’s official! Google is just a bunch of shareholders looking to appease the Pentagon at all costs



  27. Europeans Still Need to Save the European Patent Office From Those Who Attack Its Patent Quality

    Patent quality is of utmost interest; without it, as we're seeing at the EPO and have already seen at the USPTO for a number of years, legal disputes will arise where neither side wins (only the lawyers win) and small, impoverished inventors or businesses will be forced to settle outside the courts over baseless allegations, often made by parasitic patent trolls (possessing low-quality patents they don't want scrutinised by courts)



  28. We Never Accepted and Will Never Accept Corporate Money

    Corporate money is a unique problem because of its magnitude and the fact that it's impersonal; shareholders can only ever accept its supposed justifications if they're receiving something in return (of proportional worth to the payment/transaction)



  29. IRC Proceedings: Tuesday, December 03, 2019

    IRC logs for Tuesday, December 03, 2019



  30. Links 3/12/2019: elementary OS 5.1 Hera, Plasma 5.17.4, Firefox 71

    Links for the day


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