Bonum Certa Men Certa

Patents Roundup: Microsoft Versus Biology Research, Patent Systems in US and EU Challenged

Life in detail



Summary: Microsoft's patenting practices agitate the scientific community, patent reforms seen as necessary and likely

JUST THE OTHER day we mentioned Microsoft's patent on "studying evolution". It's an example of some of those patents which kill [1, 2, 3, 4]. Given the relationship between the pharmaceutical cartel and Microsoft, this may not be entirely surprising. In public speeches, Bill Gates likens development of software to the invention of life-saving drugs in order to justify software patenting.



The Register has another report on this subject which we only alluded to on Thursday.

Microsoft goes Darwinian with evolutionary tree patent



[...]

Because such a patent could potentially hobble an entire scientific field, evolutionary biologists will surely be keeping a closer eye on Microsoft's newfound interest in gene-splicing software.


In the words of Science: [emphasis in red is ours]

A 2-year-old patent application by Microsoft has claimed the invention of techniques that evolutionary biologists have been using for years to discern how organisms were related to one another through evolutionary time, based on similarities in genetic sequence. As word about it spreads, the phylogenetics community is increasingly worried. They think the patent is unlikely to pass muster at the U.S. Patent and Trademark Office because it seems obvious. However, should the application be approved, some researchers may find that they are doing work that infringes it.


At Groklaw (News Picks), Jones writes: "You might find the reactions to this article by scientists of interest here, including the comments, and don't miss the graphic of Darwin's first sketch of the "tree of life" superimposed with a WGA notice."

What on Earth is Microsoft doing?

Windows and Xbox are already killing innocent people [1, 2, 3] and Microsoft is now stepping in stomping on the medical field too. For those who do not know just how corrupt this industry can be, check out what's happening this week with Obama and healthcare. There is an already-exposed AstroTurf whose aim is to ensure an ill system of uninsured people stays in place.

Senior Obama adviser David Axelrod's public relations and ad industry ties -- which received some scrutiny during the presidential campaign -- are again being questioned. Opponents of health care reform (mostly Republicans) are criticizing the "huge ad buys" that pro-reform groups are making through Axelrod's old firm. "Two separate $12 million ad campaigns advocating Obama's health care plan ... were produced and placed partly by AKP&D Message & Media, a firm founded by Axelrod that employs his son and still owes Axelrod $2 million," reports Politico.com.


This would probably take us further off topic, so going back to the issue with patents, here is a new essay titled "Looks Like IP Is About To Slow Down Innovation In Clean Tech"

Plenty of studies have shown, over and over again, that in an emerging market, the last thing you want is patent protection. It slows down innovation and adoption drastically. That's because in a brand new emerging market, the bigger issue is actually figuring out how to get the market established -- and that means a lot of different efforts getting thrown at the wall, and the ability for multiple parties to try different approaches to getting things to work in a way that the market wants. Often this means a lot more sharing of ideas (even among competitors), as everyone begins to recognize that getting over that adoption hurdle is a much bigger deal than hoarding IP. And that's a key point.


One thing to assess and to measure is "innovation" -- whatever it may mean -- but what about mortality rates in the case of medicine? As we showed three weeks ago, life-saving drugs are being banned or blocked because the patent system is driven by profit, not ethics. Will this ever be rectified? Here's a start:

An en banc ruling by the U.S. Court of Appeals for the Federal Circuit has narrowed the reach of U.S. patent laws covering companies' overseas sales and production.


Glyn Moody has just published the following:

Why We Must Call Them "Intellectual Monopolies"



[...]

There we have it: the more opponents collude by using the "eye-pea" term, the more the monopolists can point to this as "proof" that copyright and patents are property, not monopolies.


As we noted some days ago, the European Commission had begun reassessing the patent system. Here is another take on the subject:

The European Commission's Directorate-General for Internal Market and Services plans to conclude a contract for a comprehensive study on patent quality. The aim is to study the quality of patent rights with economic analysis 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 a system with the co-existence of national and European patents, and a future Community patent which is currently being negotiated between Member States.


There is bad news here. The Community patent, which can facilitate software patents inside Europe, is rearing its ugly head again.

“Today, nearly 40 percent of a senior's healthcare spending is on pharmaceutical medications.“

--Dennis Hastert

Recent Techrights' Posts

The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
 
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026