Bonum Certa Men Certa

Patents Roundup: ACTA Inevitability Claimed, USPTO Patently Failing, China Against Patents in Standards, Monsanto in Court



Summary: Patent news from across the world with limited emphasis on software patents and greater focus on patent globalisation

"ACTA will go through the European Parliament," says President of the FFII (Benjamin) based on this report which quotes Martin Koehler, whom Benjamin describes as "advisor on International Trade for the Greens".



But Koehler added that the Parliament will be expected to endorse ACTA as it would be a sign of mistrust in the European Commission if it did not.

"It is crystal clear that ACTA will go through," Koehler said.


This is the imminent closing of society using intellectual monopolies. The judge behind the EBoA [1, 2, 3, 4, 5] seems to have already made up his mind about software patents in Europe and David Kappos, who we hoped would do better than his predecessor at the USPTO, is already giving signs of endorsement for software patents.

The goal of the Peer-to-Patent Project, which ended its second pilot period in December, is to allow the public to cite prior art to invalidate potential software patents, and in doing so, bring an end to the patent approval gridlock.

David Kappos, co-creator of the project and current under secretary of commerce for intellectual property and director of the UPSTO, said his agency will evaluate all aspects of the project to determine what can be improved upon. Kappos said the agency has not made any decisions, but that he is “disposed” to look for ways to continue working on the project.


David Kappos came from IBM. The USPTO works well for IBM, but since when do IBM et al run the United States? The USPTO is supposed to be a federal body that governs and acts in the interest of citizens but instead it became property of monopolists that use it to block competition. That is utterly shameful and Benjamin from the FFII writes: "Kappos supporting swpats [software patents]". He quotes the part where Kappos says that non-patent literature "is important in software, where so often it's not patented prior art."

“David Kappos came from IBM.”IBM, his former employer, is pro-software patents. Another IBMer, a 'heavyweight' manager (now retired), supports software patents and he is advising Obama on the subject. Ironically, that would be the same guy (Irving) who brought GNU/Linux to IBM.

Adding to the embarrassments (or the vanity) of the USPTO, here is a new story that sounds like a hoax or an urban myth: "USPTO Won't Accept Upside Down Faxes; Demands Resends"

I know, the headline seems like a joke. After all, what do you do if someone inadvertently fed a page upside down into the fax machine? You simply turn the page over or, if you get an electronic version, use the reader software to rotate it. Apparently this is not within the standard operating procedures of the U.S. Patent and Trademark Office. No, if your fax comes in upside down, they send you a message in return saying that they can’t accept it and to re-fax. Here’s a copy of the letter that a source, who regularly deals with the USPTO, passed along to me...


The USPTO has gone patently insane. As for the Chinese system, it actually seems better in comparison, at least as far as standards are concerned. In China, patents and standards will not go hand in hand. It is mentioned in this Web site called "Talk Standards", which may as well be called "Talk Patents" or "Talk Monopolies" ("Talk Standards" was cited yesterday in relation to a Microsoft lobby). Benjamin writes that "China [is] pushing for Royalty-Free Standards, [so] it makes the patent guys angry." To quote those "patent guys":

The draft regulation includes several interesting proposals that are bound to have substantial consequences. The negative impact on innovators could be severe. This proposal fuels the conflicts of interests between China, on the one hand, and the European Union and the USA, on the other. This development is worrying and could easily spill-over to trade- and investment policy.

[...]

The draft regulation will effectively force IPR holders to accept licensing terms deemed fair by the National Administrative Department of Standardization. This may result in patentees receiving licensing fees significantly lower than market level (i.e. “nominal fees”).

Consequently this implies that the Chinese are attempting to reduce the rewards to foreign IPR holders.


As opposed to ACTA, which is trying to achieve exactly the opposite. Going back to the USPTO, there is a discussion about the criminal company called Monsanto [1, 2, 3, 4, 5, 6, 7, 8] and its patents on life forms. From a new article: [via Richard Stallman]

Today, the U.S. Supreme Court decided to hear a first-time case about the risks of genetically engineered crops. Named Monsanto v. Geertson Seed Farms, No. 09-475, the case before the high court will be yet another step in an ongoing battle waged by the Center for Food Safety to protect consumers and the environment from potentially harmful effects of genetically engineered (GE) crops.

The modified alfalfa seed at the heart of the dispute has been engineered to be immune to Monsanto’s flagship herbicide Roundup. Monsanto intervened in a 2007 federal district court ruling that the Department of Agriculture’s approval of GE alfalfa was illegal. The Center for Food Safety (CFS) filed a 2006 lawsuit on behalf of a coalition of non-profits and farmers who wished to retain the choice to plant non-GE alfalfa. CFS was victorious in this case – in addition CFS has won two appeals by Monsanto in the Court of Appeals for the Ninth Circuit: in 2008 and again in 2009. Now, upon Monsanto’s insistence, the Supreme Court has agreed to hear the case.


As it turns out, the biggest benefactors right now are patent trolls and litigators:

Profit from patents: sue, don't produce



[...]

No surprises: the trolls make more from suing than performing entities (manufacturers) do from suing (shorter time to trial, higher success rate, higher damages).


Microsoft is part of the problem because it resorted to racketeering using patents. In 2007 we saw the beginning of such extortion being directed against GNU/Linux, but some companies that are using GNU/Linux are also part of the problem (not just IBM). Here is an example from this week's news:

Rugged UMPC wins patent for FPGA-centric design



Black Diamond announced it has been awarded a patent for FPGA-related technology found in its rugged, Linux-ready SwitchBack UMPC (ultra mobile PC). In the patented SwitchBack architecture, a Xilinx Virtex 5 FPGA controls the Celeron CPU via a PCI-Express channel, enabling the device to be easily reprogrammed, says the company.


Patents are fences, they are tools for preventing progress by others. To assume that any company that uses Free software is against software patents would be wrong (there are Free software parasites like ACCESS or Black Duck, which we mentioned earlier). In fact, one infamous patent aggressor that we wrote a lot about is TiVo [1, 2, 3, 4, 5]. Microsoft also sued TiVo.

Recent Techrights' Posts

Rust People Sabotage Stability for the Sake of a Falsely-Promised 'Security'
Set aside severe performance issues, poor handling of "edge cases", general bugs, lack of compatibility, and even crashes
Huge Strike at the European Patent Office (EPO) This Coming Friday (May 1st)
International Worker’s day
Dr. Andy Farnell on Why Calling Slop or Chaff "Hey Hi" (AI) Harm Us All, Except for "Ten or Twenty Rich Industrialists"
"words to avoid"
Internet Trolls Likely Trying to Distract From the Demise of IBM, Problems With Red Hat
there seems to be trolling online aimed at suppressing discussion
Debian Upgrade Coming Up (Soon)
Yesterday we contacted the datacentre staff about it
Getting Aggressive Suggestive of Loss - Part III - Threats From Burner Accounts Formally Treated as a Crime
Countries that cannot preserve freedom from self-censorship are countries where free press ultimately cannot prevail
 
"A single witness shall not rise up against a person regarding any wrongdoing or any sin that he commits; on the testimony of two or three witnesses a matter shall be confirmed." (Deuteronomy 19-21)
The spouse of Garrett repeatedly points out that Garrett can barely code or can only do so very poorly
SLAPP Censorship - Part 57 Out of 200: 5RB and Brett Wilson LLP Made the Garrett and Graveley Particulars of Claims a Lot Like Photocopies!
They seem very much irritated that I speak about this
Links 25/04/2026: Nokia Wins Embargo in Kangaroo Court Where Judges Are Salaried Nokia Staff (UPC), Allison Pearson Defamation Case (UK) Succeeds, Smokey Robinson and "Puff Daddy" (US) Fail
Links for the day
Gemini Links 25/04/2026: Weekly Echoes, Gemtext Tables, and Using Offpunk
Links for the day
Corporate Media Did Not Specify What Microsoft Means by "Buyouts" (Layoffs), It May Be Hardly Different From Severance
Time will tell, but investigative journalism hardly exists anymore, so we won't hold our breath
The Corrupt Lecture the Non-Corrupt - Part V - "Diversity" and "Inclusion" at EPO Means Sleeping With Sister of "Cocaine Communication Manager" and Making Them Millionaires
Remember that top applicants or key stakeholders of the EPO are already complaining about a lack of quality
Links 25/04/2026: Fake GAFAM Valuations (Gripping the Market Based on False Accounting), "Evidence Isn't Just for Research", and "Putin Defends Mobile Internet Outages"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 24, 2026
IRC logs for Friday, April 24, 2026
Gemini Links 25/04/2026: 3.4k+ Capsules, Microsoft Layoffs, Call for Nuclear Disarmament, "Internet is Sad and Lonely"
Links for the day
Links 24/04/2026: Zelenskyy Says Ukraine's War Position "Most Stable", Samsung Workers on Strike Due to Pay
Links for the day
Recent Happenings at IBM Reaffirm Rumours About the CEO; He Might be Resigning (or Pushed Out) Soon
If the rumours are true (no, we did not check those tax records for ourselves), it's not unthinkable that IBM is already doing what Apple did months ago
Gemini Links 24/04/2026: Public Reticulum Gateway Node, Smol Computers, and Old E-mail
Links for the day
Links 24/04/2026: Intel Abandoning Computer Freedom (Even Further), Iran Reports That American Software and Hardware Remotely Sabotaged/Hijacked During War
Links for the day
24/7 Wall St. Editor-In-Chief and CEO Calls IBM Is "America’s Worst Big Tech Company", Talent is Leaving, Supposedly Strategic Units Culled
21 hours ago by Douglas A. McIntyre
The Great Wonders of Slop "Efficiency"
Thankfully nothing was lost in the transmission and lots of work (datacentre emissions) got "done"
IBM's Debt Increased Over $5 Billion in 3 Months While IBM Laid Off Many in Europe, US, Confluent, HashiCorp, and Red Hat
An increase of $5,000,000,000+ in debt in just 3 months!
IBMers Expect Another Giant Wave of Layoffs, Talk (and Sing) About the PIPs
The media won't be covering the key facts
Drama at the European Patent Office (EPO) This Week
We'll be covering the EPO quite a lot this weekend and next week
As We Predicted, Francophonie Countries in the EU and Outside the EU Dumping Microsoft for National Security Reasons
We expected Belgium or some other Francophonie place to do so next
Even to Microsoft Insiders It Seems Like XBox Has Already Died or Surrendered to the Japanese Companies
Now the Microsoft layoffs are evident for people to see
EPO Cocainegate Escalates - Part VI - The Strikes Go On and On (Major Strike Today)
We'll be covering this later today in relation to what the Office dubs "ethics"
Absolutely Terrible Journalism About Microsoft Layoffs This Week
7 hours ago by Leila Sheridan
SLAPP Censorship - Part 56 Out of 200: 5RB and Brett Wilson LLP's Copy-Paste Machination for Garrett and Graveley
Here is another straightforward example of their junior barrister overusing copy-paste on his Mac
Getting Aggressive Suggestive of Loss - Part II - Lawyers Are Not "Hired Guns" (and Should Never Act Like Ones)
The matter is being investigated
Nadella is Killing Microsoft. Slop Kills It Even Faster.
A decade from now we'll look back at slop like we look back at skateboards
Huge Microsoft Layoffs Coming Shortly (With Financial Report)
There will be lots of slop layoffs. Be ready. It's a bubble.
Gemini Links 24/04/2026: Data Breaches and Unofficial Gemini Protocol Specification Archive
Links for the day
Microsoft Offers About 10,000 of Its Senior American (Read: Expensive) Workers to be Laid Off
How many slopfarms and media parrots play along?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 23, 2026
IRC logs for Thursday, April 23, 2026
SLAPP Censorship - Part 55 Out of 200: Strangled Women, Charged for Strangulation, Cannot Find a Job Now (After Microsoft)
merits public awareness and wider scrutiny
Gemini Links 23/04/2026: Spirituality and Detachment, Shoplifting in the UK, and "Introducing Scout, an iOS Native Gemini Client"
Links for the day
Links 23/04/2026: YouTube Age Limits Expanded and 'Secret' Model With Bug-Finding Hype Campaign 'Leaks'
Links for the day
Media Operatives of Microsoft Paint Microsoft Layoffs as Buyouts (Intentionally False Narrative)
Those are mass layoffs disguised as something else
IBM's Stock Has Collapsed Over 10% in One Day, Insiders Explain What's Happening
Today, due to a lack of time, we mostly present an outline of what people say (not IBM-sponsored media hacks with LLM slop)
Getting Aggressive Suggestive of Loss - Part I - Threats Sent From Burner Accounts Since February, Belatedly Reported to British Police
Threats connected to Graveley or Garrett or 5RB or Brett Wilson LLP [...] We're not dealing with a law firm here; we're dealing with the underworld
EPO Cocainegate Escalates - Part V - Where Does the António Campinos 'Family Affair' Go From Here?
Do cocaine in public, get caught, take paid "sick leave", come back to lead Europe's second-largest organisation
Links 23/04/2026: Legal Trouble for Microsoft, Chronic Fatigue Syndrome, and DMCA Whac-a-Mole
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 22, 2026
IRC logs for Wednesday, April 22, 2026
Gemini Links 23/04/2026: Sunrise Chasing Season, Going Back to Older Software, New Gemini Client for Mobile Devices
Links for the day