Bonum Certa Men Certa

On Marriage Patents, Software Patents and Thought Patents

The subject of Free software is closely related to the subject of software patents, which are a great threat to it. In order to illustrate just what sort of mess Novell has committed itself to, we continue to present some examples of the system's failure and beneath lie some of the very latest.

Business Methods and... Marriage Methods Patents?!?!



This one is really spooky. It's titled "Method and instrument for proposing marriage to an individual" [via Groklaw] and it had me check the Web browser's address bar because it's almost too bizarre to be true (none yet beats "Method of swinging on a swing" though). Alas, it turns out that this one is no forgery and it is actually filed in the USPTO. Here is the abstract:

The purpose of this invention is to provide an improved method of proposing marriage to an individual. The method of proposing to an individual generally comprising the steps of meeting the individual; exchanging names with the individual; dating the individual (not necessary); drafting a government document having a proposal to marry the individual incorporated therein; and showing the government document to the individual. The government document may be a patent application. The patent application may claim the method by which the proposor will make a marriage proposal to the individual. The proposor could then use the method claimed in the patent application to propose to the individual. The patent application could be the actual marriage proposal.


Be careful. And be very afraid of the 'marriage police' (see the recent CeBit incident). They could storm into the restaurant and confiscate your golden ring if you 'dare' to propose without paying for a licence. Sarcasm aside, business methods in Australia and Europe are not an impossibility either. Digital Majority has just found this paper. From the abstract:

This paper reviews the availability of business method patents in Australia in light of the 2006 decision of the Full Court of the Federal Court in Grant v Commissioner of Patents,5 which confirmed the need in Australia for a ‘useful product’ to issue from the working of a method (business or otherwise) in order for the method to be patentable.


It hardly gets as bad as business and tax patents (how about patents that kill?), but fortunately there might be some reversals in the United States.

Australia Receives Lesson in Software Patents



Tridgell, of Samba fame, has served some ministers justice down there in Australia where decision makers gathered to discuss Free software. Here is a quote-worthy bit from a much larger article.

"The key issue that needs to be solved is independent invention. IP doesn't cope with the commonly occurring 'idea whose time has come' - the patent system considers that a crime," Tridgell said.


There is a similar situation down in South Africa (down as in "southern hemisphere", just to be clear). It will be presented in the next post.

Bilski Case Revisited



A reader sent us a headsup with the following press release, adding: "Bilski is a case that is being closely watched by the Patent Bar."




> http://www.aclu.org/freespeech/gen/34784prs20080404.html > http://www.aclu.org/pdfs/freespeech/in_re_bilski_aclu_amicus.pdf [PDF]

---

ACLU Introduces First Amendment Argument In Key Patent Law Case (4/4/2008)

FOR IMMEDIATE RELEASE

CONTACT: (212)549-2666; media@aclu.org

Patenting Abstract Ideas Violates The Constitution, Group Says

WASHINGTON - Introducing a rare argument applying the First Amendment to patent law, the American Civil Liberties Union filed a friend of the court brief today urging a federal court to uphold the denial of a patent that would, if awarded, violate freedom of speech. In the brief, the ACLU argues that Bernard L. Bilski is seeking a patent for an abstract idea, and that abstract ideas are not patentable under the First Amendment.

"The court must ensure that any test it uses in determining whether to award a patent is in line with the Constitution," said Christopher Hansen, senior staff attorney with the ACLU First Amendment Working Group, who filed the brief. "If the government had the authority to grant exclusive rights to an idea, the fundamental purpose of the First Amendment - to protect an individual's right to thought and expression - would be rendered meaningless."

In 2006, Bilski sought a patent for his idea that the weather risk involved in buying and selling commodities could be minimized if sellers had conversations with two buyers instead of one. The U.S. Patent and Trademark Office denied his request and the Board of Patent Appeals and Interferences affirmed the denial. Bilski appealed that decision to the U.S. Court of Appeals for the Federal Circuit, and the court has agreed to hear the case in a single joint session in May.

"Patent law prohibits the patenting of abstract ideas, but recently the courts and the patent office have been granting patents that consist essentially of speech or thought," said Hansen. "If the government continues to allow patents of speech or thought it risks violating the First Amendment. No one can have a monopoly on an idea or prohibit speech on a particular subject."

The ACLU's brief is available online here: www.aclu.org/freespeech/gen/34783lgl20080403.html




Pay-to-think schemes, eh? Where does one pay the toll?

Recent Techrights' Posts

European Patent Office (EPO) Series: London Calling...
EPO Vice-President in charge of the "Patent Granting Process" is likely to have been a pay-off for the support which the UK gave to Campinos in 2017
Faking Productivity With Slop and Wasting Money on Faking 'Productivity': A Microsoft Story
If the quality of everything at Microsoft goes down
 
More Weight of IBM's Stock is Ascribed to Lies and Things That Do Not Exist
Turning stones into gold?
SLAPP Censorship - Part 118 Out of 200: Exposing Crimes is Not a Crime, It is a Public Service
We will soon enter the sixth year of lawfare
Links 25/06/2026: "Why We Need Seed Legislation" and XBox Chaos Predicted by Insiders
Links for the day
Gemini Links 25/06/2026: Hobbies Change, Young love, Strange Encounter, and Raspberry Pi Zero W
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 24, 2026
IRC logs for Wednesday, June 24, 2026
Don the Con Meets the Conman From IBM, Shares of IBM Continue Sliding Some More
The "Quantum" hype did not last long [...] PIPs are the new layoffs
Retaliatory Whistleblowing Expected at Microsoft During or After the Mass Layoffs
Retaliatory behaviour by Microsoft will backfire
Gemini Links 24/06/2026: Heatwave, Steam Next Fest, and Year of Buying Guitar Pedals
Links for the day
Links 24/06/2026: China Tops "TOP500", Impact of Microsoft’s Massive Layoffs Extends Further, Internet Society's Community Snapshot
Links for the day
While Thousands at IBM Lose Their Jobs ("Silent Layoffs") IBM's CEO Goes Begging the Dictator for Bailouts, Based on Deliberate Lies About "Quantum"
Many who claim to be retiring are only in their 40s and 50s. They're too proud to publicly admit what IBM did to them.
IBM Sends Workers 'Packing', Sometimes With the "Low Performer" Label That Imperils Their Future
To many people out there, IBM correlates with deceit
Links 24/06/2026: Four-Day Workweeks, GM Cut 1,000 Workers at Its EV Plant, 21,000+ Oracle Layoffs
Links for the day
A Step in the Right Direction (EU) in the Fight Against LLM Slop From GAFAM (US)
We've already mentioned this in Daily Links, but let's discuss this a little further
SLAPP Censorship - Part 117 Out of 200: Libel Tourism or Defamation Forum-Shopping in the United Kingdom Condemned by the European Union (EU)
Last week we reminded readers that the EU had criticised UK defamation law
Demonstration Next Week at the European Patent Office (EPO), Administrative Council Seen as Complicit
Corruption in Europe hurts all of us
IBM is Now Hinged on False Accounting and False Promises
This is the legacy of the current CEO
"PARTNER CONTENT" or 'Content Farms' That Promote Slop and Misinformation (The Register MS)
The Register MS represents a big part of the problem we all face
Wikipedia - Like Some Free Software Projects Infiltrated and Bribed - Bans Its Own Founder
Over the years we've named (not shamed) some projects and organisations that got corrupted by money and ended up banning their own founders
Turn Off the Slop, It's Wasting Energy and Destroying the Planet (the Only Planet We Have)
Right now we see lots of headlines about energy shortages and drained-up reserves
Lessons From Almost 30 Years of Site-Building Activities
We still strive to become faster and lighter
Do Not Outsource (the Seductive Mirage)
Abandoning so-called 'conventional wisdom'
Media Complicit in IBM Fraud Meant to Prop Up the Share Price Based on Lies, Fabrications
Even IBM insiders are fuming at this
The “Aktion T4” at the European Patent Office (EPO) Saves Money for the President's Own Purse
Call for parents of children with special needs
In Some Countries, Windows Has Lost Its Monopoly
Windows fell to an all-time low globally this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 23, 2026
IRC logs for Tuesday, June 23, 2026
Gemini Links 24/06/2026: Motivation, PostScript Printer, and Why Hyperscalers and the Smolnet are Compatible
Links for the day
The Media's "Satya Says" Syndrome Distracts From Grim Reality
how insiders see Microsoft slop
Oracle's Collapse Has Nothing to do With Slop, It's About Its Debt Exploding by Almost 50% in Just 12 Months
How are people meant to trust the media?
SLAPP Censorship - Part 116 Out of 200: 5 Years of Multiparty Lawfare Against Techrights, Funded by Americans and Also by Third Parties (Including Microsoft Salaries)
The public and our government will be informed in full
Now... a Word From Our Sponsor
Powerade
Links 23/06/2026: Microsoft Studio Closures and Journalism Subjected to Further Cuts
Links for the day
Gemini Links 23/06/2026: Gardens, Basketball, Blocking Hyperscaler, and New Commodore Phone
Links for the day
Links 23/06/2026: Apple Price Hikes and Technical Debt in Slop
Links for the day
After IBM's Shares Collapsed the CEO is Trying the "Quantum" Trick Again, Bolstered by a Demented Dictator in the White House
from what we can gather IBM's CEO is trying to get the US government to participate in the scam
Greece Ought to Curb the Threat of Social Control Media
its national discourse seems to be run by an American company called Facebook
State of the GNU/Linux Desktop (and Laptop)
The time to advocate GNU/Linux is now
The 'XBox Narrative' Distracts From Destructive Cuts Across the Whole of Microsoft
Microsoft is preparing to lay off a likely record-breaking number of people [...] this isn't just an XBox problem
SLAPP Censorship - Part 115 Out of 200: Spending the Next Decade Writing About SLAPPs and Trying to Fix the System
It's the same industry that got paid by corrupt EPO officials to try to cover up the corruption
Microsoft's Stock Fell Nearly $200, But the Real Problems Are Just About to Begin
if they dump slop, what will they tell shareholders?
The Cyber Show on Starmer and Software Freedom
The Cyber Show's Andy has just explained why our departing national leader wasn't all bad
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 22, 2026
IRC logs for Monday, June 22, 2026
Gemini Links 23/06/2026: Girlrotting, Homeworlds at BGA, Slop Ruins Sites
Links for the day