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

Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Journalists Should be Ashamed for Parroting False Claims From IBM Management About "Quantum Computing", Say IBM Insiders Who Work on "Quantum Computing"
IBM is a buzzwords vendor. International Buzzwords Machines.
 
IBM Exploits Overambitious, Hungry Young Men to Help the "Great Quantum Hype Campaign" (Pumping the Stock Based on Deliberate Misinformation or Outright Disinformation)
The boot-licking campaign is live...
What Will Likely Happen When the Slop Bubble Pops (and When It'll be Widely Accepted That It Popped)
all the "most successful" slop companies are so deep in debt
The Register MS is Part of the Problem, It's Publishing "AI" SPAM Because it's Paid by Chinese Military-Connected Firms
Given that The Register MS is run by a Microsofter (since last summer), destruction seems inevitable
IBM's CEO Does Not Use GNU/Linux, So Why Did He Suggest Buying Red Hat Only to Lay Off Its Workers, Market Slop Instead of Linux, and Sack UNIX Professionals?
Shortly after IBM had bought Red Hat and there were mass layoffs we pointed out that Red Hat's CEO was not using GNU/Linux
If You're Not Focusing on Software Freedom, All You'll Get is Slopware and Buzzwords
If you're not focusing on attaining Software Freedom (and remember "Linux" is just a brand), then you're losing sight of the goals that actually matter
Red Hat/IBM: Microsoft is Our Partner of the Year
Red Hat is a really bad gravy
Gemini Links 05/06/2026: Enshittification of Institutes for Project Management, Codebases Contaminated With Slop, Personal Stories
Links for the day
Communicating With Freedom - Part II - Quibble Breathing New Life Into LibreJS
Notice how work on one thing led to thousands of lines of code added to a mostly dormant (but nevertheless important) project
Slop Has no ROI, an Economy Built on False Assumptions of Slop is Doomed
we're all going to suffer from this Ponzi scheme
Links 05/06/2026: More GAFAM Layoffs, Google Faces Regulatory Crackdown in UK Over Plagiarism in "AI" Clothing
Links for the day
Rumour That Layoffs at Microsoft Will Kick Off on July 1st, 2026 (Impacting 10,000 or More Workers)
this is what the rumour mill or the word through the grapevine is
Mission:Libre, Which Teaches Young People Free Software Ideals, Needs Financial Backing
plea for assistance with Mission:Libre
The Slop Ponzi Scheme is a Problem and Threat to All of Us (Even Those Who Don't Invest in or Use Slop at All)
This problem is systemic, not contained
"Blind Justice" Examines the Solicitors Regulation Authority (SRA) Turning a Blind Eye to Abuse by British Solicitors
We have some jaw-dropping examples of how the SRA does not do actual regulation - to the point where its staff does not actual work and does not look into any evidence at all!
7 Days From Now the FSF's Founder Gives a Talk in Bern, the FSF Has Just Advertised This
Meanwhile the FSF (or GNU) processes and uploads many recent talks by RMS
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026
Links 04/06/2026: Self-hosting Remotely and GemText Emphasis
Links for the day
Links 04/06/2026: Ukraine’s Daily Moment of Silence and Uber Lays off 23% of HR
Links for the day
SLAPP Censorship - Part 98 Out of 200: Microsoft Threatening Real Security Researcher With Criminal Investigation for Talking About Microsoft's Bug Doors/Back Doors
The crime should be the back doors (deliberate attack on every user's data protection), not talking about those back doors
Microsoft Would Get Away Even With Pedophilia
"Microsoft should never be above the law"
Free Software is Nourishment to Software Users, Unlike Proprietary Software
Quit treating "mere users" of software "like animals"
The "Peanut Gallery" of GAFAM Has Infiltrated Free Software Projects or Disrupts Free Software Communities
They contribute nearly nothing and do substantial damage; they're freeloaders who attack the most productive members of projects
Coding is Not a Quantity Game (It Never Was!)
"less is more"
Exposing Corruption Using a Highly Resilient Platform
Growing levels of trust, based on our track record, help us attract whistleblowers
Mass Layoffs Expected at Microsoft in July 2026
They're preparing more "lists" of people
Reflection on EPO Leadership That Harbours Cocaine, IBM Leadership That Pumps-and-Dumps the Shares, and More
ManCity replaced Manuel Pellegrini with a more famous manager it didn't envision winning 20 titles in 10 years (it could only hope) [...] Team-building is something that "Pep" seemed to be good at, as was Jürgen Klopp
Pump and Dump by IBM Insider Traders: Nickle LaMoreaux, Gary Cohn, James Kavanaugh, Arvind Krishna, Robert Thomas, and Others
the shares are already collapsing
FOMO (Fear Of Missing Out) Has Weakened If Not Ruined What's Left of Big Media
Many things that have existed for decades are now being rebranded as "AI"
SLAPP Censorship - Part 97 Out of 200: Garrett in Hiding (From the Simple Observable Fact He's Closely Connected to the Microsofter Who Strangles Women, Tells Women to Kill Themselves, and Worse)
They use one another; they are coordinating this via the SLAPP industry in another continent
Links 04/06/2026: Microsoft Threatening Security Researcher for Naming Back Doors in BitLocker, "Demand is Booming for" Old Tech
Links for the day
Gemini Links 04/06/2026: "Word Vomit", Slop", and Moving to Gopher/Gemini
Links for the day
Rust Outsources its Financing (or Financial Control) to Microsoft
How long before the third "E"?
"Format Sovereignty" Can Only be Accomplished With LaTeX or OpenDocument Format (ODF) or Vendor-Neutral Standards for Editable Documents
Microsoft is, in effect, above the law
IBM's Shares Fell Nearly 13% in One Day (Including After Hours)
its main product is false promises
The Cyber Show on the Importance of Software Freedom and Why GNU/Linux Could Not be Stopped
an excellent article
Drew DeVault Can Still Redeem His Reputation. Revisiting His Attacks (and Attack Site) on Richard Stallman Might be a Good Start.
DeVault has openly apologised (this past spring)
The Register MS is Publishing Paid SPAM; Some of It is Designed to Prop Up the "AI" Pyramid Scheme
The Register MS participates in scams
European Patent Office (EPO) Series: "Operation Influencer"
Costa's political career was far from finished
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 03, 2026
IRC logs for Wednesday, June 03, 2026
GNU/Linux Usage Rising Among Gamers, But "Hardware Survey Data Not Available."
Not anymore, not for now anyway
Jumping Up and Down on the Shoulders of Giants, Never Talking About What Bill Gates Did
We're back to 2019
Despite LLM Slop or Chatbots, Our Traffic Has Doubled Since We Moved Everything to the UK (in 2023)
The demise of news sites was not what we thought it would be
Software Developers Attacked by Plagiarism Engines Because These Developers Can Teach People How to Exercise Control, Not Outsource to Monopolies of Slop and Back Doors
"Universities should be telling industry what is to be done next, not the other way about. Present education policy has the tail wagging the dog."
Quantum Quantum Quantum Quantum (Pump, Then Dump)
What has IBM become?
Communicating With Freedom - Part I - Developing “Quibble” and Improving GNU LibreJS in the Process
In the next part we shall examine where things currently stand
Quantum Computers Are "All the Rage" (35 Years Ago, What IBM Promises This Year is What People Promised When the CEO Was in His 20s)
"Quantum" hype is high on the agenda
How IBM Removes 15% of Its Staff Without Even Checking Performance of Staff (or Calling That "Layoffs")
Performance Improvement Plan (PIP) as veiled RAs
Links 03/06/2026: Mobile Systems, Openwashing, and New Antenna
Links for the day
Canonical as Reseller of Back Doors in "Ubuntu" Clothing
Microsoft is the antithesis of security and autonomy
Romania Used to be Windows Stronghold, But That's No Longer the Case
Windows was once upon a time so ubiquitous that institutions didn't bother supporting anything except it
KDE Has Long Used Dragons, and Dragons Come From Hatched Eggs
That Microsoft Lunduke tries to paint this as some "trans agenda" thing says a lot about Microsoft Lunduke and his COVID-19-damaged brain
IBM Announces 5 Billion Dollars "Invested" in "AI", in "Security", and 10 Billion Dollars for "Quantum", But IBM Does Not Have This Kind of Money (It's Fake News to Manipulate the Share Price)
IBM has fast-growing debt and liabilities, it does not intend to invest this kind of money, it's a smokescreen and false promises timed to alleviate the sagging share price (52-week low)
When Science and Religion Are on the Same Side, United Against Slop Pushers
The "Mathematics Pope" (sometimes known as "Pope Pi") brought together science and religion, united against technofascists who are mostly college drop-outs who abhor women
Links 03/06/2026: "In Turkey, Criticizing a Corporation Can Land You in Jail" and "Court Bans X Account of Turkey's Oldest Newspaper"
Links for the day
Web Censorship Benefits the Corrupt and the Criminal
More so when corrupt politicians are in charge
Have a "Lifetime" Without Microsoft
The online rage over this is still ongoing
Internet Archive’s Wayback Machine Undoing Censorship of Corporate Wrongdoing
That won't go away anymore
"For Entertainment Purposes Only" But Everyone Must Adopt It for Work and Governance, Say Anti-Scientific Technocrats
"The present mentality around "AI" is like driving to the gym to use a treadmill - it's walking for people who hate fresh air and beautiful changing scenery."
Gemini Links 03/06/2026: Ian Murdock's Ex-wife Footprint in Debian and Alhena 5.6.1 Released
Links for the day
Irish Company statCounter Recognises It Overestimated Microsoft Windows' Market Share in Ireland
it seems like the Irish people are gradually moving away from Windows
Corporate Media Participates in the Lie That Mass Layoffs at GitLab and Loss of Geographic Footprint in More Than a Third of Countries is "AI" and Thus "Success Story"
There's no way to spin this as positive news
Slop Prompting is Not a Coding Skill and Slop Deserves Shunning
Red Hat is hypocritically shunning the very same thing it keeps promoting
IBM colleagues "handed out a PIP and then right after the end date they are gone"
Some go into early 'retirement' to save face
SLAPP Censorship - Part 96 Out of 200: When You Receive Death Threats From Anonymous Sockpuppets/Burner Accounts Connected to People Who Strangle Women and Tell Women to Kill Themselves
Women are not objects and my wife ought not be mentioned in "threats to kill" (how cops have described this)
European Patent Office (EPO) Series: A Tale of Two Antónios - Introducing the Other António
António Costa
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 02, 2026
IRC logs for Tuesday, June 02, 2026