Bonum Certa Men Certa

Patent System Status in the United States, European Union

Software patent on rise



North America (United States)



THE problems spawned by software patents affect not only Free software developers. They harm developers as a whole, but Free software is subjected to other (mis)treatment because of the way the software is distributed. Red Hat's legal team has just published a post to explain the severity of this issue. [via Digital Majority]



There are now more than 200,000 software patents, and there is no practical way to be sure that a new program does not infringe one or more of them. A patent lawsuit can cost several million dollars in attorneys’ fees. The risk of patent litigation is one that the FOSS community has learned to live with. But it hardly seems likely that the risk is doing anything other than inhibiting software innovation.


This number, two hundred thousand at the least, is exceptionally high. It boils down to a human capacity issue and there is clearly a lot of overlap, i.e. duplicates. It's not only problematic to developers but also to examiners who work at the patent office.

USPTOIs any developer bold enough to internalise all of that reading material and then engage in a task as simple as typing away on a computer keyboard, as opposed to a process more complicated such as designing and manufacturing a machine to perform a particular function? Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast. This imperils studies of prior art and planning of development that's safe from patent violations.

“Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast.”The simplest fact is that barriers in the face of trivial tasks and creations only discourage more such creations. This was not the goal of the patent system, was it? This issue must be faced and recognised. Only then can it be properly addressed.

Microsoft is meanwhile obtaining some very trivial patents in order to brag about numbers (quantity over quality). In reality, the poorer the patent, the easier it is to invalidate, but at the same time, the poorer (broader and more trivial) the patent, the more companies and products it jeopardises. It causes unrest and Amazon's one-click shopping is a good example of this.

The 'bleeping patent', which was previously summarised here, is making its appearance in The Times.

Microsoft patents web moderator robots



[...]

There’s a danger, though, that it could go too far. Who’s to say that an overzealous Microsoft employee might not accidentally on purpose blacklist the names of rivals such as Apple and Linux?

Worse, there are governments around the world that would probably go further still, suppressing dissent not with guns and clubs but by preventing people from even discussing concepts such as “protest” or “freedom”. And that, I’m sure you’ll agree, is a freaking scary idea.


Ethical issues aside, there is little merit to be found in this so-called 'invention'. The PgUp/PgDn patent, which was previously mentioned in [1, 2, 3, 4, 5], raised similar questions.

To show how trivial some of Microsoft's patents can be, here is a slightly older one:

theodp writes "Microsoft was just granted U.S. Patent No. 7,392,326 for Text Entry in an Electronic Device. From the patent: 'the invention may automatically add a 'www.' and a '.com' to the text the user is entering and display this combined text'. To get the point across, Microsoft included an illustration showing the 'invention' in action, transforming 'foo' into 'www.foo.com'. Sure it's not sorcery we're dealing with?"


How about...

  1. Transaction-safe FAT file system


  2. Method of swinging on a swing


This is innovation???

Europe



Alison Brimelow



A few days ago we wrote about the latest important development in Europe -- an appeal regarding software patents. There are already some unhappy people who deserve to be heard.

[T]he questions seem like a school book example of avoiding clarifications by asking the wrong questions. Are the EPO just cowards, creating straw men or obstructing the clarity of law?


This was also covered in the EPO's Web site and in some other patents-focused legal Web sites, whose bias is in their favour (more lawsuits and more patents help lawyers makes a living at developers' expense):



Lastly, here is a quick word about OIN. In response to Roberto's claim (covered some days ago) that “Keith Bergelt [...] won’t collaborate with FFII or similar organizations to fight against software patents in Europe,” PL Hayes wrote:

Then (assuming he is not a patent system economics illiterate) he certainly does not “care about Linux” - and innovation in general - and I assume OIN is some kind of risibly effete poor man’s version of Intellectual Ventures?


Software patents protest against EPO



In a follow-up post from Roberto, more details are given.

Keith says that in OIN’s vision there are “good” patents and “bad” patents, and they won’t take part in the European software patents debate. All in all OIN cares just about Linux, and middleware or application levels are not in OIN’s agenda for the time being. Google is proud to participate in OIN’s mission, as Di Bona made clear through the official google blog, and that is probably good for all (big) Linux end-users.

Will ever OIN go up in the open source software stack?


PL Hayes again replies by saying:

Right… so it’s just a patent pool with a misleadingly grandiose name (Open Invention Network), set up for the benefit of companies using “the Linux operating system or certain Linux-related applications”.

Some of those companies lobbied for codification of the EPO’s software patent granting practices so it’s not surprising OIN won’t take part in the debate and it is clearly no friend of FOSS and innovation in general, contrary to the impression it sometimes gives.


OIN is not the solution. It's not harmful, but it's not the solution.

Recent Techrights' Posts

The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
 
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026