Bonum Certa Men Certa

A Call for Patent Sanity

UK telephone box



Summary: The public's call for reform is motivated by improved understanding of today's debased patent system and how out-of-order (detached from its original mission statement) it has gotten; patent maximalism, if it does not completely unravel this whole system, severely discredits it

THE effort to paint everything as a "Science" or a "Technology" does not amuse us. We've come to the point where nature is being called something like "natural science" for the sake of patenting (there's also "biotech" and life has become "life science"). MedTech and similar words/phrases like Software as a Medical Device (SaMD) were tackled here before; this morning we saw this new piece about "Agritechs" (first time we see that as a single word). It says that "the decisions in Broccoli II and Tomato II led to disappointment amongst farmers and breeders, who viewed the decisions as putting unnecessary hurdles in the way of conventional breeding activities."



"It has long been pretty incredible that the European Patent Office (EPO) grants patents on plants, seeds and animals."Well, duh.

It has long been pretty incredible that the European Patent Office (EPO) grants patents on plants, seeds and animals. António Campinos and Benoît Battistelli have both done photo ops with groups that push for this lunacy, propelling that agenda. This, in my view, is even crazier than those ludicrous software patents in Europe (in effect monopolies on mathematics) because it's like claiming credit for the planet's own work (or "God" is you're a religious person). We've written about EPO protests over this matter for well over a decade now. We posted photographs from those protests as well. Remember those massive inflatable pigs? Who can forget?

"Patent examiners we know (yes, we occasionally speak to a few) are generally against that. They don't think it does any good to the reputation of the employer and their job, not to mention the sense of injustice associated with helping mega-corporations which are in effect chemical giants (they literally make poisons; see Bayer's and Monsanto's entire history) at the expense of poor farmers -- many of them so debt-saddled and stressed that they commit suicide."Also this morning we saw new sponsored 'articles' like Managing Intellectual Property's "EPO: Plants which are not patentable" (notice sponsorship note on the left hand side). All plants should not be patentable. The common loophole or workaround is GMO. Irrespective of the merit of the manipulation/mutation they look to patent it and if it reproduces, they then claim to 'own' that too. Quite a ploy for endless, limitless monopoly! The U.S. Patent and Trademark Office (USPTO) is antagonistic towards that (because of Mayo for instance), whereas in Europe nothing was done to tackle the matter. The EPO continues to shelter the monopolies of Bayer/Monsanto.

Patent examiners we know (yes, we occasionally speak to a few) are generally against that. They don't think it does any good to the reputation of the employer and their job, not to mention the sense of injustice associated with helping mega-corporations which are in effect chemical giants (they literally make poisons; see Bayer's and Monsanto's entire history) at the expense of poor farmers -- many of them so debt-saddled and stressed that they commit suicide.

For the long-term survival of the patent system the credibility of the cause is essential; right now with COVID-19 the patent system is coming under endless scrutiny (and Watchtroll keeps moaning about the critics). How can we reconcile the need to find cures/inoculation -- as soon as possible to be distributed as widely as possible -- with the race for monopolies, exclusivity, and price-fixing efforts (related to access to medicines and generics being crushed).

"The patent system cannot survive for long (it may cease to exist altogether) if the public cannot be convinced that it serves the public interest."The patent system isn't like a 'God-given' thing; heck, it has barely existed in the entire history of human kind. It's a relatively young concept, mostly promoted if not also conceived by the super-rich looking to guard their wealth. They're not happy with SCOTUS examining constitutional aspects and coming up with 35 U.S.C. ۤ 101/Alice because it limits the scope of monopoly. It increases freedom to operate (not the same as deregulation) and broadens the Commons.

The patent system cannot survive for long (it may cease to exist altogether) if the public cannot be convinced that it serves the public interest.

"...the public generally comes to realise that many patent monopolies are derived from the 'public purse' and then handed over to private hands that rip off the taxpayers."Two days ago CounterPunch published this article entitled "Is it Impossible to Envision a World Without Patent Monopolies?"

"Elisabeth Rosenthal," it said, "who is a very insightful writer on health care issues, had a column this morning warning that we may face very high prices for a coronavirus vaccine. She points out that this is in spite of the fact that the government is paying for much of the cost of the research."

This is another common cause for criticism; the public generally comes to realise that many patent monopolies are derived from the 'public purse' and then handed over to private hands that rip off the taxpayers. This is a gross abuse of the system and the more people catch up with it, the stronger the resistance will become. In this particular context, unlike with code, many lives are at stake.

Recent Techrights' Posts

Confirmed in the Mainstream Media: A Lot of Microsoft "Workloads" Were Just LLM Slop (Helping to Fake Growth for Years, as Microsoft Had Paid "Open" "AI" to Become a "Client") and Demand is Rapidly Waning, Datacentres Canceled and/or Shut Down
Anything to facilitate further accounting fraud
Taiwan's Media Covers Closure of Microsoft's "AI" Lab, It's Time to Talk About the Gradual Death of Windows and Implosion of the "AI" Bubble
Earlier this week we showed that mostly Asian media had the 'nerve' to mention Microsoft silently shutting down its 'AI' lab
More Gains for GNU/Linux, Based on Web Surveys
the Steam site shows rapid growth for "Linux" this month
 
Links 03/04/2025: Tariff Pains and C.D.C. Cuts
Links for the day
StatCounter: Microsoft is Masking a Disaster, It's Way Behind DeepSeek Already and Interest in LLMs Has Waned
it turns out the money "raised" for "Open" "AI" may not even exist at all
Links 03/04/2025: SoftBank Money for Microsoft "Open" "AI" Probably Doesn't Even Exist, Wikimedia Foundation Blasts LLM Nuisance While Microsoft Admits Demand Has Shrunk
Links for the day
Gemini Links 03/04/2025: Patch Panel and Pictures
Links for the day
Islamic Republic of Iran: GNU/Linux at All-time High This Month, Windows Falls to 12%
Vista 10 is up this month despite being "end of life" (EoL) soon
Indonesia: All-Time Highs for GNU/Linux
What's noteworthy right now is the growth of GNU/Linux
statCounter Says GNU/Linux Usage is Up Again (Internationally)
some preliminary April data
Only on April 1st Can the Free Software Foundation Associate With Microsoft's Open Source Initiative (OSI)
We saw some pranks that day linking the FSF to Microsoft (e.g. "endorsing" Windows)
IBM Gets Rid of Kelly Chambliss as Mass Layoffs Reported in IBM Consulting, IBM Loses Key Contracts/Graft
IBM Consulting has been in disarray lately
Slopwatch: Anti-Linux Articles, Not Even Written by Humans
Why aren't Web sites more vocal about this problem?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 02, 2025
IRC logs for Wednesday, April 02, 2025
Links 03/04/2025: Apple Fined Over Secret Surveillance, "Elegant Writer For A More Civilized Age"
Links for the day
Gemini Links 02/04/2025: Books and Cold Tea
Links for the day
Links 02/04/2025: More Layoffs, Nokia Again Takes Advantage of Illegal and Unconstitutional Patent Court With Nokia Staff as 'Judges'
Links for the day
Links 02/04/2025: Seizures and Returns to Windows of 24 Years Ago
Links for the day
LLM Slop Helps Obscure and Distort News About Layoffs (IBM, GAFAM)
It's hard to find accurate information
Links 02/04/2025: Microsoft Developers Are Threatening to Go on Strike, World Backup Day Noted
Links for the day
Gemini Protocol Has Growing Appeal (the Web Got Too Bloated and Full of LLM Slop)
For any "data plan" with bandwidth limits or "tiers" it would be cheaper to use/browse Geminispace
The Web Can Survive LLM Slop, But Only If We Collectively Shun and Discourage Serial Sloppers
Doing nothing ought not be a possibility
Amid Secret Shut-downs and Mass Layoffs at Microsoft (4 Waves of Layoffs in 3 Months of 2025) Some Microsoft Staff Expected to Go On Strike
workers going on strike
Gemini Links 02/04/2025: No more on Mastodon and Gemini Mention Script in Go
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 01, 2025
IRC logs for Tuesday, April 01, 2025
My Motion Disbarring or “Striking Off” Brett Wilson LLP for Enabling Violent Americans Who Try to Crush Microsoft Critics in the United Kingdom by Multiple SLAPPs
"Guns for hire" (for Microsoft people who received Microsoft salaries)
The U.S. Patent and Trademark Office Hijacked Again by Patent Litigation Industry, as President Cheeto Prioritises Aggressors
The "mafia" has taken over the "industry" and the Federal system (justice and constitutions trampled upon)
Ubuntu Slop and FUD Manufactured With LLMs and Funded (by Oneself) 'Studies'
Slop and FUD are ruining the Web
Gemini Links 01/04/2025: Games and More
Links for the day
Links 01/04/2025: Apple Fined $162M for Privacy Abuses, Disinformation Online a Growing Concern
Links for the day
Why We're Reporting Brett Wilson LLP for Apparently Misusing Their Licence to Protect American Microsofters Who Attack Women
For those who have not been keeping abreast
Newer Press Reports Confirm That Microsoft Shuts Down 'Hey Hi' (AI) Labs Despite All the Hype
The "hey hi" (AI) bubble is not sustainable
Links 01/04/2025: Mass Layoffs at Eidos and "Microsoft Pulls Back on Data Centers" (Demand Lacking); "Racist and Sexist" Slop From Microsoft
Links for the day
Stefano Maffulli and His Microsoft-Funded OSI Staff Are Killing the OSI and Killing "Open Source" (All for Money!)
This is far from over
Gemini Links 01/04/2025: XKCDpunk and worldclock.py
Links for the day
50 Years of Sabotage and a Gut Punch to Computer Science (and Science in General)
Will we get back to science-based computing rather than cult-like following?
Techrights Headlines as Semaphore
"If you are hearing this, thank you"
3 Months in 2025, 4 Waves of Mass Layoffs at Microsoft, Now Offices Shut Down Permanently
"A recent visit by the South China Morning Post confirmed that the office was dark, unoccupied, and had its logo removed."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 31, 2025
IRC logs for Monday, March 31, 2025