Bonum Certa Men Certa

Snapshot of the Software Patents Situation in the US, India, EU

United States



There may be some changes on their way. There's no telling when/if they'll be coming to the USPTO, but in the mean time there's chaos, as well illustrated by today's picks over at Digital Majority. Here is one such example, which is a junk patent (never supposed to have been granted in the first place) being put up for auction, surely for someone to use it offensively.



Investors will have the opportunity to acquire the patent on a revolutionary personalization system that is set to go to auction in September. The patented system will change the face of targeted marketing and research by offering more accuracy than anything else available today.


The EFF with its patent-busting efforts carry on trying to squash some of the more notorious patents, but as Stallman once said about such strategies, "fighting patents one by one will never eliminate the danger of software patents, any more than swatting mosquitoes will eliminate malaria." Here is the description of another bad patent.

So just what is this wonderful sales method? In a nutshell, the patent claims ownership over the idea of finding out what a customer wants, electronically finding out what you have that matches that customer's needs, electronically collecting information about the stuff you have to offer the customer, and putting that information into a pitch to the customer.


Recall those dreadful wish list patents [1, 2]. It's the verge of granting ownership to ideas that can be implemented in elementary school (while ignoring prior art).

India



The renewed threat of software patents in India was mentioned over the weekend and help is now being sought.

Interestingly, Infosys and TCS are in favor of software patents. Those who followed the OOXML fight on this blog would know that both these organizations had voted in favor of Microsoft's OOXML proposal. If there are articulate FOSS developers in the Mumbai LUG, I would request them to be present at the 7th August 2008 meeting and explain to the group why software patents are against the interest of the developer community.


There's some more dissection of this here. [via Digital Majority]

Business aptly seems to drive law; finally, the Murthys and Ramadorais of Bengalooru have spoken up. According to an article in the Financial Express, IT majors Infosys and TCS have reacted strongly to a call made by the open source community, particularly Red Hat India and All India Peoples Sciences Network, for dropping a clause in the draft patent examination manual which according to the latter gives a backdoor entry for software patents.


The fight never ends. When critics fall asleep, monopolies will try to grab control.

Europe



A few days ago, the EPO was praised for its stance on software patents, but Digital Majority is more pedantic. It's claiming that the EPO uses tautologies and it's showing some examples of nasty patents.

Maybe the European Patent Office has a different dictionary than I have.

[...]

Nevertheless, their high quality propaganda falls down once you start to mention some trivial software patents, such as the progress bar:

[...]

or the contextual menu granted to Philips:


Here is another nice find from Digital Majority:

Write patents, get tax cuts





As of 1 January 2008, the Belgian government introduced a tax deduction of 80 % with unlimited carry forward under the corporate income tax for income derived from patents licensed by a company based in Belgium.
Now, who said patents are bad? They make you save 80% on taxes. How on earth can it be bad?


Perhaps most significant, however, is the following new development that yet again involves Commissioner McCreevy, the man who loves monopolies. This seems to be another back door to software patents and poor-quality patents in Europe.

The European Commission has proposed creating a single strategy for the protection of industrial property rights in Europe. The Commission wants to integrate its strategy for industrial property rights and encourage smaller businesses to protect rights.


What ever compelled to pass and push for such changes? Is it the endless lobbying in Europe from Microsoft's ACT, whose recent activity in Europe was carefully documented here?

Fresh in the news: watch a State Senator that apparently got bribed to fight 'the little people'.

US Department of Justice prosecutors have alleged that Stevens received more than $250,000 worth of gifts and services from VECO and its executives, including an extensive renovation of his home in Girdwood, Alaska. That work included a new first floor, garage, wraparound deck, and new plumbing and electrical wiring. They also said he was given a new Land Rover in exchange for an old Ford Mustang, as well as a professional gas barbeque grill, assorted furniture and a complete set of mechanics tools.


It's rather clear that money needn't necessarily exchanged hands. Sometimes it can be favours and gifts, such as those that Microsoft showers crtitics with. 'Soft briberies' were mentioned here before, as well.

Someone should take a closer look at what's happening in Europe, especially amid very aggressive lobbying and complaints about it from some [1, 2].

More information on McCreevy and other cronies can be found in:



Since when are Commissioners representing Intellectual Monopolies?

Comments

Recent Techrights' Posts

Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026