Bonum Certa Men Certa

Patent News Roundup: Looking Worse Than Better

“Other than Bill Gates, I don’t know of any high tech CEO that sits down to review the company’s IP portfolio.”

--Marshall Phelps



Stop Feeding the USPTO



We carry on arguing that the patent system is dysfunctional because the entry barriers are far too low. What does the government do? Adds even more money to the USPTO's budget.

The U.S. Patent and Trademark Office (USPTO) has received a budget increase of about 9 percent for the government's 2008 fiscal year, prompting praise from some tech groups.


So, research funding is down, almost all budgets are down whilst courts are claimed to be overburdened by lawsuits. Should more funding be allocated to researchers rather than patents that spur litigation, where only lawyers win? An already-overwhelmed patent office gets even more resources to accept software patent applications. Is this a move forward or a move backwards?

Stop Feeding the Trolls



Citing Patent TrollTracker, TechDirt writes about another lawsuit over the classic game of Solitaire (over the network). Does chess (over the network) have a patent as well?

However, perhaps the most interesting is the third case discussed by the Troll Tracker. It involves the somewhat infamous patents of Sheldon Goldberg, which got plenty of attention back in 2004 when he started claiming that computer solitaire was covered by his patents. The two key patents are for a network gaming system and a method for playing games on a network.


Start Feeding the EFF Instead



Some more junk patents have fallen victim to the EFF's patent busting efforts. Here are some of the details.

In another step forward for EFF's Patent Busting Project, the United States Patent and Trademark Office (PTO) last week issued an official rejection of all sixteen claims of the Test.com Internet test-taking method patent. The PTO granted re-examination last year after EFF submitted a petition that included several examples of prior art from a company called IntraLearn that had not previously been part of the PTO record. In light of that prior art, the PTO has now found that all sixteen of Test.com's claims obvious and non-patentable.


Groklaw seems to be making an effort to squash an Apple patent which we mentioned last week. It has "prior art" written all over it.

We have another request to pick your brains regarding prior art. I guess I should set up a new subcategory just for prior art searching. It looks like we'll be doing more and more of it. This time, the request is regarding the new patent application that Apple announced for wifi purchases over an iPhone. Journalist John Oram believes he's found someone who has some prior art. Can you please take a look and if you know of other examples, comment on them here?


Orwellian Patents



Microsoft carries on making patents for Orwellian things. We have seen many of them in recent months. That's the company that used to warn about the dangers of patents before it became large and dominant.

Is this patent a harbinger of a dystopian future where computer users' biorhythms will be monitored to increase efficiency? Unlikely. The idea, which was birthed at Microsoft Research, is simply a more advanced version of user focus group testing that Microsoft (and most other software companies) have been doing for years now. Still, if your employer asks you to patch on a pair of electrodes before sitting down to work in the morning, my advice is to find another company to work for.


It's All About Disputes



The IBM-Asustek case, which was first mentioned last month, makes it back into the headlines.

The trade agency said in a statement that the case would be referred to an administrative law judge, who will hold a hearing and make an initial determination. That decision is subject to review by the ITC commissioners.


Will we be seeing more disputes and paperwork rather than actual development work? It sure looks like it because patent dispute are rising sharply in terms of frequency and severity.

Recent Techrights' Posts

Amazon Web Services (AWS) Has Layoffs and Microsoft Gaming/Entertainment Division Has an Uncertain Future
it's good to see all those horrible things crashing and burning
 
Diplomatic Immunity Should Not Exist for Anybody
The EPO in its current form gradually 'normalises' the end of European democracy
Brett Wilson LLP Stopped Sending Me Papers When I Showed It had Sent Me Over 5 Kilograms of Legal Papers
A week ago we lodged our third lawsuit
Microsoft Mass Layoffs and Shutdowns Became the New Normal at Microsoft
Microsoft mass layoffs became a topic of everyday media coverage since May
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 21, 2025
IRC logs for Monday, July 21, 2025
FSF "Raised Almost $139,000 During This Summer Campaign"
"Thank you for making a stand against dystopia!"
Gemini Links 22/07/2025: VPS Exploited and Fear of View
Links for the day
LLM Bots vs Techrights
Slows things down a bit
New Publication Sheds Lights on Abuse of Workers at the European Patent Office (EPO)
Put in simple terms, they're killing the Office, harming remaining staff, try to hire rubber-stampers
Links 21/07/2025: Hardware, Health, and Imperialism
Links for the day
Gemini Links 21/07/2025: "When Buying Isn't Owning" and "CMS Special Edition"
Links for the day
Links 21/07/2025: Indie Web and Toxic Politics
Links for the day
[Meme] Microsoft Lawyers Throwing Stones in Glass Houses
threatened me with bankruptcy
Google "AI Overview" is Not AI and Not Overview
do not be misled; what Google does isn't smart, it's just ripping off the sites it already crawled for as long as 27 years
Making the Case to Dump Microsoft and GAFAM for National and Digital Sovereignty
"Sovereignty is difficult"
The Tactics of the Opposition (Microsoft Lunduke): Associate With K00ks, Throw in Vaccines to Muddy the Water
Who stands to gain from this?
Europe's Second-Largest Institution (EPO) and Largest Patent Monopoly Office Needs More Transparency, Not Less Transparency
In the EPO, what good are elections when one candidate literally bribes all the voters?
How Not to Report News About Microsoft
This pattern of misreporting is so widespread that it's hard to believe it's not intentional
Computer Science is Under Attack, They Want Everyone to be a Consumer
If people can no longer acquire Computer Science education and real Computer Science experience, they will not know how to control their own digital destiny or emancipate the very same universities that now control the syllabus and instead of teaching Computer Science encourage the outsourcing of systems
The Best Tools Are the Simplest Tools
There's a hidden message here about the merits of sticking with X
Ofcom Online Safety Group Speaks of Protecting Women Online, Will Brett Wilson LLP Ever Listen?
They've essentially became like the Taliban's "burka police"
Social Control Media Relies on Advertisers, So It'll Always Be Hostile Towards Free Software
Sales, sales, sales
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 20, 2025
IRC logs for Sunday, July 20, 2025
Fragmentation of Data
Life is too short to "hoard" data
In Defence of "Spinning Rust"
Just because something is "old" (or older) doesn't mean it ought to become extinct
Using Free Software to Prepare Legal Documents
LibreOffice is openly complaining about OOXML as an obstacle
Tech and Technology Are Not the Same Anymore
"Are you into tech, Sir?"
Our Articles About SLAPPs Receive Recognition and Interest
This week we shall continue writing about the 3 lawsuits we filed
Are You Served?
For many people, advocacy of Free software and GPL enforcement are assumed to be happening
Conspiracy or grooming? Alex Jurado, Voice of Reason compared to Outreachy
Reprinted with permission from Daniel Pocock
Links 20/07/2025: Security Breaches and Former 'Open' 'AI' Engineer on Hype and Culture Issues
Links for the day
Links 20/07/2025: Fending Off BRICS and US Government Attacks Its Own Media (Like China and Russia)
Links for the day
Framed by social control media: Alex Belfield, Voice of Reason
Reprinted with permission from Daniel Pocock
Gemini Links 20/07/2025: Summertime and OCC25 Wrap-up
Links for the day
Jamie Zawinski Complained About Wayland, Then Decided to Give It a Go, Now Complains Again About Wayland
Ask IBM (Red Hat) why it's worth throwing so much away just for Wayland fanaticism
Slopwatch: Planet Ubuntu, LinuxSecurity, and More
former "Linux" blogs which basically became slopfarms
Russia Set to Ban Facebook?
If WhatsApp is made to "leave", that means Facebook or "Meta".
Links 20/07/2025: More GAFAM Lawsuits, Layoffs, and SLAPPs
Links for the day
Taking Stock of a Good and Productive Week
We shall now be taking a break, unpacking the new hard drive (8 TB), and making backups of everything
Nice Recovery (From Actual Fire) by PCLinuxOS, New Version of PCLinuxOS Released, Now Top of DistoWatch
PCLinuxOS is a community-driven distro
More Microsoft Shutdowns That Mostly Slipped Under the Radar
Remember what happened to books 'sold' by Microsoft?
Microsoft Lunduke Still Fighting Cancel Culture With... Cancel Culture
There will be no "winners" in such 'debates'
The History of Daily Links and Politics
"I support Wayland, but I also support abortion..."
Ageism in Tech
Your protocol is "old"...
Microsoft is at 0% "Market Share" in Most Areas
Depending on the taxonomy chosen, there may be dozens of categories other than desktops and laptops
"The moment MSFT stock fails to start tumbling, that’s the beginning of another corporate giant going under."
There are far more layoffs at Microsoft than at Intel, but you would not get this impression based on Wall Street media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 19, 2025
IRC logs for Saturday, July 19, 2025