Bonum Certa Men Certa

An Inventors' System Hijacked by Lawyers

English gentleman



Summary: An Australian patent lawyer lobbies for more patents; other examples of lawyers using the legal system for selfish purposes of profit

APART from monopolies and patent trolls, some of the biggest proponents of widening the scope of patents are actually lawyers, many of whom are also patent trolls. The patent system was originally created to reward and incentivise inventors*, not legal middlemen, but that's just where we ended up; today's patent system tends to be a wasteful system which provides protectionist measures in various fields, enabling giants in their respective areas to either exclude competitors or to tax them. In one form or another, we have actually said this many times before. That's the gist of where we are today, namely a system consisting clerks, lawyers and parasites guarding their own profit. They will not let this system go without a fight and they will invest in lobbying as much they are able to milk this system. At some point last year, staff of the EPO protested over this problem and there was a strike.



TechDirt has just done some fantastic job showing what type of people defend ridiculous practices of patenting; it is sometimes people who haven't patents but instead they exploit those who have some (emphasis in red is ours):

Australian Patent Lawyers Claim Patenting Genes Is Necessary For Biomedical Research



[...]

This is, of course, ridiculous. First of all, much of the research on these things is often done via government and university funding -- and it's often done for reasons other than locking up a monopoly on the technique. Reasons such as helping people live better lives (*gasp* -- what a concept!). Or, more to the point, it's done so that firms can sell an actual product. If they have to compete in the marketplace, that's a good thing, as it pushes them to be more efficient and offer a better overall service, rather than just jacking up prices. And how do they offer a better overall service? Oh yeah, often by continuing to do more research and creating new breakthroughs.

These sorts of claims of industries collapsing are moral panics and folk devils put forth by patent attorneys who are really afraid that it's going to hurt their own business.


TechDirt has also found this new AP report which says: [via]

Jackpot: Lawyers earn fees from law they wrote



Every lawsuit filed or even threatened under a California law aimed at electing more minorities to local offices — and all of the roughly $4.3 million from settlements so far — can be traced to just two people: a pair of attorneys who worked together writing the statute, The Associated Press has found.


That is pretty much what one finds in patent law too; it's about using and bending the law to increase profit, not to increase value to society ("innovation" for example).

Our reader Jose X has had the following to say about this problem:

Bad laws don't last forever

I'd love to hear the argument that a broad description of something (the patent claims), which keeps the whole world from using or experimenting with anything that falls under that general description and hence remove as well the incentives (to everyone but trolls) for "improving" such a broadly described invention, somehow doesn't stifle and slow down innovation, at least as these patents add up and start getting enforced so that the "wow" of the patenting system wears away.

If you create great software, good for you. Sell it or share it or do whatever you want. It's illegal to infringe on my rights to also build great software. One of the exceptions possibly being that by infringing on my rights (and on the rights of everyone else on the planet) that this will somehow promote progress.

Remember, every single necessarily broad (and useful) patent removes rights that everyone had prior to that patent. And this presumably can happen for 20 years (a large fraction of each inventors/users productive life). So patent after patent handcuffs all inventors further and further. The better the patent, the stronger the handcuff, even if other very smart inventors find the (broad) invention obvious, have already made the discoveries/inventions in essence, or could within days, weeks, or months.

The necessarily broad patents, very possibly written up by someone that doesn't really have very deep knowledge of the area, prevents those with real knowledge and many years of work from continuing along perhaps some very important path (at least this is the case if the patent vaguely describes an important path). All patent claims are quite vague. It's easy to get the general idea down without knowing the nitty-gritty details and deeper implications and implementation details.

Software and the Internet have enabled virtually everyone to participate and contribute to society as inventors and inventor's aids: to invent things and sell or share them or use them however they want. We aren't talking about billion dollar factories whose control and reconfiguration is inaccessible to most people because of the extremely high price tag to play that game.

Software patent advocates, meanwhile, want to prop up the existing market leaders (who are already protected by copyright monopolies and by the very successful trade secret protections that foil interoperability) by preventing competition from less well funded and smaller competitors and from those collaborating on open source. In short, to prevent real competition from the very many hungry and competent folks lying outside the castle walls.

The only justification they have left is: "but the law says I can because the law says I can get 20 years of exclusive access because I wrote a description for something that (gulp) is new and nonobvious to the majority of laypeople -- I mean, practitioners. So there.

Fortunately the Constitution trumps bad (and illegal) laws.

BTW, software stands out. I don't see anyone ever copy/pasting/editing/manufacturing/redistributing a skyscraper with rocket boosters at virtually $0 and 0 time in the material world. But such is absolutely possible with software.

Software is open to all. Any monopoly on software (if it's over something important) will likely have GARGANTUAN opportunity costs for society.

Remove my rights and incentives (and everyone else's) to develop thoughts so that they can sit on these for 20 years. Yeah, no wonder some with savviness and money support software patents.

The transition from developed thought to implementation is trivial for software. The reason is because of how precise is the math that lies as the foundation of digitalization, where the abstract models and the physical models, for all intents and purposes, work identically.

And still, some with supposed experience in the field (and assumed honesty) state that software inventions are no different than material inventions and/or should not be treated differently.

Wow!


Some of those people just happen to be patent lawyers, to whom more patents mean more revenue.

“Staff at the European Patent Office went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money.

“One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

--Richard Stallman

____ * Or to encourage more new creations, perhaps defending small inventors from companies with investors and high capacity for copying ideas. That is what the system is said to have been conceived for.

Recent Techrights' Posts

Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
 
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026
SLAPP Censorship - Part 34 Out of 200: The Necessity of Transparency, Illuminating Garrett's and Graveley's 'Tag-Team' Act, Misusing the British Docket (From Far Away in America) in Efforts to Hide Bad Behaviour
Transparency is paramount
Red Tape at Red Hat (IBM)
Now the guiding principles are the whims and moods of people who peddle buzzwords to manipulate IBM's share prices
The So-called 'AI' (Slop) Companies Will Have the Plug Pulled
It can vastly accelerate this bubble's implosion
Dr. Andy Farnell on a "Technology Plan B"
based around Free software
Windows Lows Across the Mediterranean
Judging by this month's data from statCounter
The Future of the Net is 'in Space'
Gemini Protocol is growing and GemText remains the same, so it's made to endure
Linux Foundation Profits From Scams, Fraud, and Grifting
Don't be misled by the name "Linux Foundation"
Too Hard for IBM to Keep Everybody Silent About How the Company Has Gone South
IBM is busy trying to keep disgruntled or ex workers silent using NDAs
Microsoft Transmits Malware and Back Doors to GNU/Linux Servers, Media Points the Finger at Everyone But Microsoft's Servers
Is Microsoft too poor to vet and check what it hosts and transmits?
Gemini Links 04/04/2026: "Fuzz Guy", "Reusing Old Computers with Arch Linux and DWM", and Bubble v10.0 Released
Links for the day
Links 04/04/2026: eBay Scam, "Music Publishers’ X Copyright Lawsuit Officially on Pause"
Links for the day
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day