Bonum Certa Men Certa

European, Indian and American Patent Systems: Time for a Reform

Software patents protest against EPO



EPO Exposes Itself, Microsoft Exploits It



Since the latest development at the European Patent Office had occurred, we've posted a couple of items to explain how deplorable it was [1, 2]. Glyn Moody wrote a critical article about it, as well. To quote just a fragment:

Court decisions on whether software patents are permissible within Europe have see-sawed wildly, with some decisions in favour being counterbalanced by others that confirm that software cannot be patented “as such”. Unfortunately, those meaningless weasel words “as such” have provided a tiny opening for proponents of software patents – typically large companies that want to use intellectual monopolies to stifle competition, and software patent lawyers who want more lucrative business – that the latter are constantly trying to widen.

[...]

One trick that has been tried by software patent lawyers is to define something called a “computer-implemented invention”, which is basically a repackaging of software to include a technical effect in order to be patentable.


Digital Majority has found some more evidence of what was mentioned last week. Under many people's noses, Microsoft is already applying for software patents in Europe, and quite successfully in fact.

Last week Marshall Phelps observed that Europe thinks it does not grant software patents, but that actually it does. When the enlarged board answers the president’s questions, maybe we can all have the same certainty as Microsoft’s VP of IP Strategy and Policy.


India's Law Bypassed by Multi-nationals



It's happening again, but this time around, Google deserves the blame. Previously it was Microsoft, Nokia, and BT. They are trying to obtain patents on software-implemented methods, despite the fact that Indian patent laws forbid it.

Google has filed for a patent in India, for a map based local search application. This appears to essentially be a patent for Google Local on Mobile, a service launched in 2005, and subsequently renamed/replaced by Google Maps for mobile.


This is a soft patent.

Indians needs to respond to it [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] as the issue won't just go away. In absence of opposition, it's bound to get worse over time.

"Value your freedom or you will lose it, teaches history. "Don't bother us with politics," respond those who don't want to learn."

--Richard Stallman



Companies will always strive to seize ownership not only of physical things, but also content and even simple ideas. "Greed knows no bounds," as Microsoft once exclaimed so hypocritically, so it's time to stand up against this.

The Klausner Troll



A report from Reuters suggests that another patent troll got its way. It is a very silly software patent which this dispute involved. The patent was discussed (ridiculed) in several Web sites before.

Klausner said it granted Verizon Wireless, owned by Verizon Communications Inc and Vodafone Group, a patent license related to voice message alerts.


Here is a less restrained coverage of this.

Before you get uppity about having us call Klausner Technologies a patent troll, consider what they’ve been doing since their invention of the PDA: Suing everyone under the sun who has used visual voicemail.


As the post above shows, there is still resentment and denouncement of the term "patent troll." It's disappointing to find the IEEE entertaining defenders of patents trolls. Why would they sink to this level?

Need for Reform



NetApp appears to be suffering quite badly. Yesterday alone there was some evidence in the news, including the cancellation of their User Conference.

NetApp chucks staff at OS merger



[...]

Frustrated by drawn-out development schedules, NetApp has put all its US-based engineers to work on merging 7G and GX, its two ONTAP operating systems.





In another sign of how far-reaching the economic downturn has become, NetApp on Monday said it plans to cancel its user conference scheduled for February next year.


Like several other struggling companies (e.g. Avistar [1, 2, 3, 4, 5, 6, 7, 8]), they seem to be using their patents offensively, hoping to make a buck this way. The problem is that they attack Free/open source software projects. We covered this before. NetApp writes about this in one of its blogs. Witness the chaotic state of affairs (or general state) of the patent office, which has not yet suffered the wrath of budget cuts.

The patent office currently has a backlog of 730,000 patents, and they can’t hire fast enough to close the gap. Waiting could take years.


Government officials elevated the USPTO's funding a few months ago, but is it sustainable in these difficult times? There seems to be unrest, lack of resources, and dissatisfaction from applicants. Over at Groklaw, this court case is being covered as well. The conclusion?

I vote for a new system, frankly. This one, as the NetApp-Sun litigation is just the most recent proof, is seriously broken.


Amen to that.

Comments

Recent Techrights' Posts

IBM's BS (Bait, Switch) Regarding Ways to Stay Onboard
PIPs, RTOs, and forced relocations are just an illusion of choice (or ability to recover)
Banned evidence: Ars Technica forums censored email predicting DebConf23 death, Abraham Raji & Debian cover-up
Reprinted with permission from Daniel Pocock
Intimidation, Threats, and Bullying Not Tolerated by Techrights
When it comes to our reporting, safety always comes first
 
Open Source Initiative (OSI) Privacy Fiasco in Detail: An Introduction
Perhaps tomorrow or perhaps next week we'll share more information about what happened and what was reported to the California Privacy Protection Agency
Links 29/03/2025: More Crackdowns on Science, "Hey Hi" Slopping is Flopping
Links for the day
Costa Rica Almost Bankrupt Because of Microsoft
the incidents in Costa Rica are Windows incidents
Gemini Links 29/03/2025: Art of Looking, Wireguard, EMacs
Links for the day
Links 29/03/2025: Attacks on Social Security and War Updates
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 28, 2025
IRC logs for Friday, March 28, 2025
A World Without Rules
We're long insisted on better laws and actual enforcement of them (applicable to all, not selectively applied)
statCounter Sees Microsoft Windows Falling to New, Unprecedented Lows in Palau
Taking Android into account, Windows is now down to an all-time low of 14%
Google News Lost the Fight to LLM Slop (While Google Itself Sells Slop, Nowadays Under the Name "Gemini")
Many people say that "Google is getting worse"; that's almost an understatement
Links 28/03/2025: AirAsia Trouble Again, UMich Culls All DEI Programs
Links for the day
Gemini Links 28/03/2025: Alexa is for Gullible People, Rant About Feature Overload
Links for the day
The SLAPPs From the Microsoft Strangler (and Sidekick) No Better Than Patent Trolling
one must never settle with trolls
Something to Celebrate in Gemini Protocol
More capsules and users join in
Links 28/03/2025: Last Reminder "to Delete Your 23andMe Data", "UK's First Permanent Facial Recognition Cameras Installed"
Links for the day
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day