Bonum Certa Men Certa

Patents Roundup: Patent Applications Fall, Patent System Criticised, In Re Bilski Returns

Americana



Summary: The screws of the patent system are loosening, as new evidence shows

AS we noted before, countries in the West hope to exploit Africa and other less developed areas of the world, almost literally stealing their minerals, flora, and fauna in exchange for patents, i.e. using their so-called "IP" to extort these poor countries (land-grab, neo-colonisation, or whatever else it can be compared to). There is more of that going on in general, with quite a lot at stake now that Microsoft participates in the looting. As we noted a month ago, Glyn Moody wishes to call these intellectual monopolies "a neo-colonialist plot to ensure the continuing dominance of Western nations."



USPTOA lot of the exploited populations (as opposed to countries) just don't realise this yet, or those who are privileged enough to know this and gain access to the mainstream media are basically conspiring with other, foreign nations which do the looting and share their gains. Moreover, ordinary citizens are unable to do much, as they have not much power, influence, let alone the ability/permission to organise, especially in suppressed/suppressive countries. This is a class issue as much as it is a geographical issue. WIPO, for example, was established by the powerful to protect those in power.

Moody warns that attempts to patent life are back. He spoke about this last month.

DNA barcoding is such a powerful idea that the parasites have moved in, and started trying to *patent* bits of the idea:

Systematic and phylogenetics, indeed much of evolutionary science, has long and great tradition of making resources and knowledge freely available to other resources. Instead of cash, all an author asks for is a citation or a credit. Therefore, it sounded incredulous to me that one researcher was trying to patent a DNA barcode snippet for a plant gene that was being worked on over several years by a large group of researchers.


It's a classic situation: not only are scientific techniques being patented, they are techniques that are well established and have been used for years - something that is explicitly excluded even in the most deranged patent regimes. And people say the system is working just fine...


Well, the system is not working fine based on his observation that patent applications are declining sharply.

I have just heard from Ciaran McGinley, the Controller of the European Patent Office, that the number of applications it has received so far this year is down 8%. [...] Internationally, PCT filings are down by 5%. Ouch!


Is it possible that businesses have come to realise that patents are a dying breed?

New Papers Against Patents



Dissent or resentment against patenting seems to be on the rise. We have just found several new papers that are critical of software patents, and of patents in general. We have:

i. Software Patent and its Impact on Software Innovation in Japan

In Japan, the software patent system has been reformed and now software has become a patentable subject matter. In this paper, this pro-patent shift on software is surveyed and its impact on software innovation is analyzed. Before the 1990's, inventions related to software could not be patented by themselves, but they could be applied when combined with hardware related inventions. Therefore, integrated electronics firms used to be the major software patent applicants. However, during the period from the late 1990's to the early 2000's, when software patent reforms were introduced, innovative activities (measuring patent applications) by independent software development firms began.


ii. Patents and the Regress of Useful Arts

Patent systems are often justified by an assumption that innovation will be spurred by the prospect of patent protection, leading to the accrual of greater societal benefits than would be possible under non-patent systems. However, little empirical evidence exists to support this assumption. One way to test the hypothesis that a patent system promotes innovation is to simulate the behavior of inventors and competitors experimentally under conditions approximating patent and non-patent systems. Employing a multi-user interactive simulation of patent and non-patent (commons and open source) systems (―PatentSim‖), this study compares rates of innovation, productivity, and societal utility. PatentSim uses an abstracted and cumulative model of the invention process, a database of potential innovations, an interactive interface that allows users to invent, patent, or open source these innovations, and a network over which users may interact with one another to license, assign, buy, infringe, and enforce patents. Data generated thus far using PatentSim suggest that a system combining patent and open source protection for inventions (that is, similar to modern patent systems) generates significantly lower rates of innovation (p<0.05), productivity (p<0.001), and societal utility (p<0.002) than does a commons system. These data also indicate that there is no statistical difference in innovation, productivity, or societal utility between a pure patent system and a system combining patent and open source protection. The results of this study are inconsistent with the orthodox justification for patent systems. However, they do accord well with evidence from the increasingly important field of user and open innovation. Simulation games of the patent system could even provide a more effective means of fulfilling the Constitutional mandate “to promote the Progress of . . . useful Arts” than does the orthodox assumption that technological innovation can be encouraged through the prospect of patent protection.


iii. Tender: study on the quality of the patent system in Europe [via Digital Majority]

The European Commission's Directorate-General for Internal Market and Services has published a call for tenders for a study on the quality of the patent system in Europe.

The aim is to conduct an economic analysis of the quality of patent rights in order to propose effective policy solutions for the optimal functioning of the future patent system in Europe, considering its objectives to encourage innovation and the diffusion of new technology and knowledge.

This should take into account the co-existence of national and European patents, as well as a future Community patent, which is currently being negotiated between Member States.


That last one need not be seen as critical. It may be seeking to justify exacerbation of the European patent system, so as to benefit lawyers at the expense of scientists.

In Re Bilski Amici (Briefs)



It's up to the Supreme Court to decide what to do about business method patents. Regardless of the outcome, which seems unlikely to be a reversal, In Re Bilski already eliminates software patents.

Bernard Bilski and Rand Warsaw have their say on the subject:

Petitioners Bernard Bilski and Rand Warsaw filed their Brief For Petitioners last week in what could be this decade's watershed patent ruling. The patent at issue relates to a method for managing risk when buying or selling energy commodities. The law at issue is whether a process must be tied to: 1) a machine or 2) a transformation of a particular article into a different state to be patentable (the “machine-or-transformation”/“MOT” test). The Brief breaks the case down into five issues...


ABA files an amicus brief in opposition to sanity:

It's the most important patent case to be taken up by the high court in 50 years, said Rob Lindefjeld, secretary of the ABA's Intellectual Property Law Section.

"We're really worried that the Supreme Court will do considerable damage to patents in the area of methods of doing business that should be entitled to protection and swing the pendulum way too far and hurt the patent system for a long time," Lindefjeld said in an interview.


Microsoft relies on software patents for its attacks on Linux (with words and predatory actions), but as one person in Linux Today puts it, "No amount of patents can save that company from the death befitting it. It won't be long now."

“If people had understood how patents would be granted when most of today’s ideas were invented, and had taken out patents, the industry would be at a complete standstill today."

--Bill Gates (when Microsoft was smaller)



Comments

Recent Techrights' Posts

Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
 
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
Over at Tux Machines...
GNU/Linux news for the past day