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

If We Move Everything to Devuan...
IRC, Git, Apache and so on
Campinos is a Lame Duck President This Year at the European Patent Office (EPO)
The strikes are not ending. If anything, they intensify further.
Links 29/04/2026: "Snowden Affair 13 Years Later" and "Landmark Data Center Pause"
Links for the day
 
In Past 6 Months IBM Lost About 100 Billion Dollars in 'Value' While Debt Ballooned to 70 Billion Dollars
Welcome to a universe of fake finances and phony accounting based on fictional assets with made-up 'worth'
Dr. Andy Farnell on Weaponising Morality Against Technofascism and Slop
It's longer than a "tweet", so social control media addicts are likely mentally unfit to read it
Six Months
Techrights will be around (and active) for a very long time to come
Why We Publish "The Corrupt Lecture the Non-Corrupt"
We intend to report the facts, fearlessly, until real and lasting solutions are reached
SLAPP Censorship - Part 61 Out of 200: Garrett and Graveley Must Understand That Reporting Women's Issues in the United States of America (“the US”) is Not Impermissible
when you cover Microsoft corruption and have real effect
Weeks After Mass Layoffs of Red Hat Engineers We Learn of European "Buyouts" and Layoffs at IBM
At Microsoft, they tell us there are merely "buyouts", but they don't tell us what happens if you say "no!"
OS Upgrade Tentatively Scheduled for Tomorrow
We have some contingencies in case the upgrade goes wrong
Links 29/04/2026: LLM Chatbot Usage Goes Down Sharply (as Do Stocks Associated With Them), Microsoft's Circular Financing Accounting Fraud at Risk
Links for the day
Gemini Links 29/04/2026: Returning to an Exodus and Farewell APU
Links for the day
Slop Has a Long Way to Go Before It Gets Basic Facts Right
Please do not rely on slop for anything
The Corrupt Lecture the Non-Corrupt - Part IX - European Patents That Are Illegal (But Serve Non-European Monopolists in Exchange for 'Quick Cash')
People who shamelessly violate the European Patent Convention (EPC) have the audacity to lecture workers on "ethics"
Canonical is Selling You, Ubuntu is a Data-Collecting Platform
Canonical is looking for money in the wrong places
Seems Like Only Techrights Covered IBM Laying Off About 33% of Confluent Staff
How can such a large round of layoffs evade today's media?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 28, 2026
IRC logs for Tuesday, April 28, 2026
Gemini Links 29/04/2026: Bad Diet, New Middle Ages, and Temperature Model
Links for the day
IBM is Already Doing 'Voluntary' Layoffs This Year in Europe ('Buyouts' Ahead of Mass Layoffs)
IBM's efforts to hide or belittle layoffs is noteworthy
Tracing Back the Misuse of the Word "Buyout" to Describe Merciless Mass Layoffs
So we can assume very large Microsoft layoffs are on the way, this time not spun as "buyouts"
Growing the List of Sites That Are Rogue
It's very important to raise and spread awareness of which ones are fake
Links 28/04/2026: Uganda Criminalising ‘Foreign Agents’ and China’s Economy "Starts to Show Cracks"
Links for the day
Anthropic and Claude Are National Security Risks Not Because of Politics But False Marketing and Vandalism, Plagiarism Sold as Innovation
The slop hype is causing severe damage
Like GAFAM, US Telecom Industry Has Severe Debt Problem
Maybe their real problem is true profitability
Gemini Links 28/04/2026: Misfin, ELPiS, and Developing Another Gemini Client
Links for the day
US Government Sites See More Traffic From Apple Devices Than Microsoft Windows PCs
Keep this in mind when Microsoft talks about mass layoffs while calling these "buyouts"
Layoffs Versus Buyouts
Microsoft has mass layoffs and those target the most experienced people in one of the best-paid locations
Latest Example of False Marketing by Anthropic
Like Scam Altman, they're better at buying publicity (paying for hype) than they are at delivering something of genuine value [...] That has the full make-up of fake news and a publicity stunt
IBM: From RAs to "Workforce Re-balancing" (New Names for Mass Layoffs)
Well, "workforce re-balancing" means "RAs", which is a misleading acronym IBM has devised to soften if not hide mass layoffs.
Aaron Hillel Swartz Would Have Turned 40 This Year
Aaron Swartz killed himself in 2013
The Trumps Are Making Jimmy Kimmel More Famous and Popular
Comedy has long been "controversial", but trying to get people sacked for the 'wrong' joke results in having no comedians or only pseudo-comedians who are the dictator's jester/joker
Microsoft's Grip Has Slipped, Market Share Steadily Declining
This is why Microsoft is having financial issue
Links 28/04/2026: Microsoft's GitHub Upselling After Two Leaders Jumped Ship (Losses Pile Up), "Inflation Jumps," and More
Links for the day
SLAPP Censorship - Part 60 Out of 200: Talking About Corruption at Microsoft and Arrest for Strangulation is "Malice"
At the moment Brett Wilson LLP has no new clients
The Corrupt Lecture the Non-Corrupt - Part VIII - "Red Line" When the European Patent Office (EPO) President Sleeps With Sister of "Cocaine Communication Manager" (Whom He Unconditionally Protects)
If only management took its own words (idealistic pontification) seriously
IBM Laying Off Thousands of Workers Again, Based on Q1 Earnings Call
under the guise of "workforce rebalancing" we are again seeing that IBM plans to pay people (severance) to leave
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 27, 2026
IRC logs for Monday, April 27, 2026
Gemini Links 28/04/2026: Good Sunrise Viewing and Self-hosting from Home
Links for the day[1;5C
Microsoft Insiders: If You Don't Take the Lousy Severance-Like Offer, They'll PIP You Out (Microsoft Signals to People Over 40 That They'd Better Vacate the Place)
Microsoft targets its most experienced (read: expensive) workers
"AI" 16 Times in One 'Article'. The Register MS Got Paid to Post This Spammy, Promotional Piece of Slop.
Pay closer attention to who pays and who gets paid
Links 27/04/2026: Chernobyl Disaster at 40, "Heartbreaking" Decline of Australia
Links for the day
Gemini Links 27/04/2026: Gopher Catchup, MNT Reform, and Injuries
Links for the day
Red Hat Circling Down the Slop Drain
IBM, governed by slop fanatics, is going to do a lot of damage
Slop is an Addiction, Its Users Find It Addictive
please do not tolerate people who slop
The Corrupt Lecture the Non-Corrupt - Part VII - Secrecy at the EPO (Regarding Cocaine and Nepotism) Has Undermined Trust in Management
If Europe's second-largest institution is run by the "Alicante Mafia", does this mean that other key European institutions are "Mafia"?
SLAPP Censorship - Part 59 Out of 200: Mentioning the Fact Alex Graveley Arrested and Charged for Strangulation in Texas is "Reckless" and "Malicious", According to His 'Hired Guns' in London
it was framed as "malicious"
Links 27/04/2026: Strikes, Corruption in Spain (Spanish PM Sanchez' Wife), and YouTuber Faces Jail Time
Links for the day
Gemini Links 27/04/2026: Gopher Catch-up, Year of Contentment, and Path to Freedom
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 26, 2026
IRC logs for Sunday, April 26, 2026