Bonum Certa Men Certa

Software Patents Roundup: EPO, USPTO and Acacia

EPO



Let us begin this with the EPO (or Europe), whose shaky state has increasingly become grounds for concern. To give you an idea of the EPO's view of those who protest against software patents, read this.

European patent chief paves the way for change



[...]

She is dismissive of some of the criticism leveled at the patent system and specifically at the EPO from parts of the open-source and free software movements.

"There's a high degree of emotion, but a low degree of light," she said, referring to both sides in the intense lobbying when the European Union was debating a proposed law on software patentability that was scrapped in 2005.


There is more information about the EC's potentially tactless moves with regards to standards and software patents.

The European Commission is organizing next week in Brussels a conference on "European ICT standardisation policy at a crossroads: A new direction for global success". Among the papers in discussion for this conference, one paper suggests to allow RAND standards as general policy. The European Commission seems to listen to the big industry who contributed to the discussion paper. RAND standards (such as h264 or MPEG2) are a way to exclude FLOSS developers, because they require royalty payments that developers cannot afford.


Just recall the flak they were getting some months ago [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] after implicitly excluding Samba in a settlement with Microsoft.

The worrisome Community Patent is back in the scene again, which isn't encouraging news.

Europe's relations with China in respect of IP rights, the perspectives of introducing the Community Patent and the question of a central European court for patents were discussed during a visit by a high-level German-French delegation to the EPO today.


USPTO



Over in the United States, the Bush administration continues to discuss the issues, but based on the wording in CNET, this isn't too hopeful.

The administration's key concern is a section that it argues waters down the ability of judges to award damages in patent suits as they see fit, potentially depriving patent holders of the right to obtain the compensation they deserve. Right now, the Senate bill doesn't give judges or juries enough discretion in deciding how much to award, Dudas said. That's been arguably the biggest sticking point all along among supporters and opponents of the bill.


The reexamination process which the EFF has been relying on is apparently at jeopardy because an explicit request is made to for the US Senate defend it.

EFF's Patent Busting Project is one of a number of public-interest projects that use the reexamination process to defend the public against the most dubious patents. Four of our five petitions for reexamination have been granted, and EFF expects the last will be after the PTO has had an opportunity to review it (it was filed last week). One of the first reexamination requests submitted by EFF has already resulted in the PTO revoking the patent.


Illustrating the severity of the problem, here is another trivial patents that uses sophisticated language to describe interactive/customised wallpaper/menus. Needless to say, none of his is new or ingenious.

A new BlackBerry Patent application entitled System and Method for Adaptive Theming Of A Mobile Device describes ways that a BlackBerry wireless carrier or third-party theme screen developer could configure, or reconfigure, a subscriber’s BlackBerry theme remotely.


Acaciasoft on the Attack



Our good 'buddy' Acacia, which is also a Microsoft buddy [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], appears to be relentlessly continuing its crusade.

Acacia Research Corporation today announced that its subsidiary, Mobile Traffic Systems Corporation (MTS), has settled patent litigation against Cobra Electronics Corporation that was pending in the United States District Court for the Northern District of Alabama. With this settlement MTS has entered into a license agreement with Cobra Electronics.


The likes of Ray Niro [1, 2, 3, 4, 5, 6, Meet J. Carl Cooper, a Patent Troll (Plus Other Patent News)] must be bursting with laughter at the sight of a broken system that is coughing out cash at the direction of those who are heartless enough to abuse it. These are also the people who haven't made a single invention in their lives. They sue for a living.

Recent Techrights' Posts

SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
 
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day
Links 31/07/2026: Microsoft Now Says Slop is Bad (LinkedIn Cracks Down on It), LinkedIn Narrows Down Size (No Expansion)
Links for the day
European Patent Office (EPO) Series: From Alicante to Munich: Another Smooth Ride
Campinos is intent on transforming what was originally envisaged as a temporary public office into his own permanent personal feather-bed
Daniel Pocock and the Important Observation About Threats of Cult-Like Behaviours (No Rationality, No Reason, Just "Mob Rule")
It's a threat to Europe's sovereignty
The "PIP Parade" of IBM's Lousy Management, Which Said "Blockchain" Was the Future
In a healthy company such a CEO would be punished for utterly wrong visions and predictions. Not at IBM...
SLAPP Censorship - Part 135 Out of 200: Limited Liability Partnership (LLP) That Does Not Disclose Financial Activities Before August
It certainly looks like they keep losing the remaining women that still exist in the firm
Links 31/07/2026: "Climate Cover-Up Continues" and Pesticides "Cook the Planet"
Links for the day
Datacentre 'Boom' Sceptics Aren't Luddites, They Recognise a Threat to Human Survival (Not Limited to Climate Change)
Archaeologists very well know that no species will survive forever
Microsoft's Claims Are Based on a Big Lie
the bubble is coming to its hard limits
Don't Lose Sight of the Impact of "End of 10" (Vista 10)
GNU/Linux has taken off fast
Microsoft's Debt Continues to Steadily Increase, Not Counting Hundreds of Billions in Secret/Hidden Debt
The mass layoffs will carry on, maybe labelled LITE
IBM is Circling Down the Drain, the 'Growth' Comes From Beancounting Tricks and Salary Cuts
IBM was down 2.17% yesterday
Microsoft's "Headcount" Distracts From How Big a Cull It Had This Month
It also speaks of numbers "[a]s of June 30" though the "buyouts" were effective July 1 and since then well over 10,000 workers have vanished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 30, 2026
IRC logs for Thursday, July 30, 2026
Gemini Links 31/07/2026: Music, Journaling, and Longing
Links for the day
More Fake News From (and for) IBM, Nobody Ever Held Accountable for Fraud
Companies that turn a blind eye to their own corruption end up recruiting more corrupt people and sacking those who object to the corruption
Links 30/07/2026: Smol Document Server and More PalmOS-ing
Links for the day
Links 30/07/2026: Microsoft Refuting Its Own Slop Hype and "Amazon Is Gutting Its Hey Hi (AI) Division" (GAFAM Bubble)
Links for the day
Today The Register MS Published "AI" Spam and Fake Article by "Senior Technical Marketing Engineer"
unethical practices
Cult inquiry parliament leak fallout
Reprinted with permission from Daniel Pocock
Techrights Will Always Protect Sources
Our #1 priority is sources
European Patent Office (EPO) Series: Legal Concerns and Suspicions of Irregularities
complaints submitted to OLAF
The Era of Silence
So stay silent, remain hidden
GAFAM and IBM Dying in Massive Debt, Hence the Mass Layoffs (Increasingly Silent Layoffs That the Media Fails to Mention)
the integrity of this economy is only as good as its leaders or those who govern the market
TheLayoff.com Deletes Comment That Called IBM's Previous CEO, Ginni Rometty, "Gin 'n Tonic"
It is hard to believe the comment was deleted for being a duplicate (in another thread)
The Mainstream Media Continues to Overlook or Intentionally Ignore Hundreds of Billions in Hidden/Secret Microsoft Debt
the issue is that Microsoft's crisis is a lot greater and broader than this
SLAPP Censorship - Part 134 Out of 200: What "Majority Rules" Tell Us About the Litigant
we press on with this series
Overshoot Day Sites That Contribute to the Problem
Some of these are not even accessible (at all) without JavaScript
Microsoft May Have Gotten Rid of 8% of Its Workforce This Month
It's hard to know what's really going on because there's no transparency due to NDAs
Links 30/07/2026: "Age of Irrationality", Google Losing Money, and "House of Ellison is on the Brink"
Links for the day
Gemini Links 30/07/2026: Homeworlds Notes and Manuscript Submitted
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 29, 2026
IRC logs for Wednesday, July 29, 2026