Bonum Certa Men Certa

Patents Roundup: IBM Patents Patent Harvesting, Bilski Still in IBM's David Kappos Hands to Decide

High Court in Bangalore



Summary: IBM continues to be part of the problem (choosing patent pools over abolishment) as the Bilski case takes another step towards clarification

EARLIER THIS year we wrote about IBM's role in the Bilski test, lobbying for software patents, and direct impact on the USPTO which it uses to defend a cash cow that's a patent portfolio (tax on IBM's competition). IBM makes billions from patents alone, so it is not surprising that IBM's Irving Wladawsky-Berger, for example, seemingly defends software patents inside an advisory body for the government.



According to this, IBM continues to be part of the problem, not the solution. It wants an intellectual monopoly on the management of intellectual monopolies.

theodp writes "Before leaving a long IBM career last summer to head the USPTO, David Kappos managed Big Blue's patent and trademark portfolios. Last Tuesday, the USPTO awarded U.S. Patent No. 7,630,915 to IBM for its inventive method of Managing an Intellectual Property Portfolio."


That almost sounds like a business method. Et tu, IBM?

From the Bilski case we finally learn this:

US Patent Office tightens the screws on software patents



A decision from a key panel at the Patent Office builds on last year's Bilski decision to place new limits on software patents. Just running some algorithm on a PC and claiming that you've built a patentable "machine" may not work any more.

The Board of Patent Appeals and Interferences (BPAI), a key panel within the Patent Office, has tightened the rules for American software patents. The recently-released decision builds on last year's landmark ruling by the United States Court of Appeals for the Federal Circuit in the case of In Re Bilski. In that case, the Federal Circuit focused on business method patents and had left key questions about the patentability of software-related inventions unanswered.

The new ruling will give thousands of American patent examiners guidance about how to apply the holdings of Bilski in software patent cases.


But software patents should just be abolished; IBM will of course not allow this and neither will Microsoft. It's the monopolies/conglomerates that stand to gain from patents.

As Glyn Moody puts it:

As long-suffering readers of this blog will know, one of the reasons I regard software patents as dangerous is because software consists of algorithms, and algorithms are simply maths. So allowing software patents is essentially allowing patents on pure knowledge.


Here is yet more scientific/academic proof that patents reduce innovation. [via Glyn Moody]

We recognize that patents have two effects (ignoring "invent around" and "revealing secrets" both of which are of at best minuscule significance): increasing innovation by increasing incentives to innovate, and decreasing innovation by making it more costly to innovate. This paper gives us a pretty clean measure of the latter effect: the benefit of being able to access existing ideas without negotiation or licensing raises innovation by around 20%.


There are reasons for optimism when it comes to elimination of business method patents, but less certainty on the subject of software patents.

Score Two Wins Against Software Patents



[...]

I am an optimist. And I am optimistic that progress will be made against software patents and for a Startup Visa in 2010.


Many laws are simply created to please the very same big businesses that fund and essentially run the government. This ought to change.

Recent Techrights' Posts

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
Something to Celebrate in Gemini Protocol
More capsules and users join in
 
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)
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)
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
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