Bonum Certa Men Certa

Patents Roundup: USPTO Grants Patents on Hotdogs and Harbours Pyramid Schemes, EPO in Transition, and Apple Turns Nasty

Hotdog



Summary: Signs of weakness or dis-servitude at the US patent office, Alison Brimelow is leaving, and Apple wants to be paid for a Linux platform it does not develop

THIS post assembles some key news about the patent systems and how they affects Free software.

USPTO



The USPTO shoots itself in the foot by going beyond the making of hamburgers and sandwiches as patents. Now there is a patent on hotdogs:

So when he heard about this new pediatric warning, he went looking to see if any of the hotdog makers were offering pre-hollowed dogs -- and instead discovered that in 2006 someone had applied for a patent on hollow hot dogs. Seriously.


According to this, things are bound to get worse, not better, because the US wants ACTA to cover patents as well.

Furthermore, the response confirms what became clear in the most recent leak, that the US sees ACTA as covering not just copyrights and trademarks -- but patents as well (though, some of the other participants are against including patents).


Then there are those who hacked the system, such as Ray Niro (inventor of patent trolling, who also bullies critics [1, 2, 3, 4, 5, 6, 7, 8]) and Microsoft's Nathan Myhrvold, the world's biggest patent troll.

"I've always treated Myhrvold's company with the greatest scepticism (I call them "Intellectual Vultures") and this report is extremely believable," says Simon Phipps, who caught up with the latest news (exposé) about Intellectual Ventures. "It fits in with the use of patents," he adds, "especially software patents - by companies like IBM, who hide their patent shake-downs behind confidentiality, out-of-court settlement and fine language about their community credentials."

EPO



André Rebentisch has this new post about "trade elitism".

Still you may wonder if EU trade policy always adheres to Free Trade objectives. In the field of IPR, in particular geographical indications, common policies are incompatible with a classic Free Trade agenda.


The head of the EPO is leaving after her mistakes. "Defining the limits of patentable subject-matter in "new" areas (life, software, business methods) is a source of unease," writes or quotes the president of the FFII, Benjamin Henrion. Based on IPJur, there is already a succession plan.

Earlier in May 2009 I had reported that Ms Brimelow is not going to apply for a second term in Office as President of the European Patent Office beyond her term ending in June 2010. After considerable woes, the Administrative Council (AC) of the European Patent Organisation (EPOrg) eventually managed to elect her successor by a 3/4 majority of votes on March 01, 2010.


This long paper [PDF] had Henrion write: "European and European Union Patents Court, a somewhat uninspired label abbreviated as the troglodyte-sounding acronym EEUPC"

A "Union" patents court is an indication of an attempt to mix or rather to negatively contaminate existing patent laws that protected Free software developers. It's policy laundering, just like ACTA.

Apple



Apple has decided to be a spoiled brat and attack Linux with software patents [1, 2, 3, 4]. According to this, Apple is aiming specifically at the Linux-based platform.

Commentators suggest that this action by Apple is actually targeted at Google's open source Android operating system, rather than relating just to HTC's smartphones. HTC is one of the most prominent handset manufacturers globally to have developed products based on the Android operating system, using it in its Hero and Nexus One phones.


Microsoft did something similar against TomTom. It's usually an indication that the plaintiff/aggressor is losing. "Popularity is killing Android," says the headline at The Inquirer.

AS ANDROID SWEEPS across the smartphone market like a wave of locusts over a land that is strewn with Windows Mobile devices cast by the wayside, Google's idealistic open source, embrace all attitude is starting to look naive.


TechDirt has written about Apple's sheer hypocrisy and dishonesty.

...Steve Jobs noted how Apple was "shameless about stealing great ideas." But in the announcement about the HTC lawsuit, he has a different perspective: "competitors should create their own original technology, not steal ours."


TechDirt also believes that Apple might face antitrust action for other reasons.

Apple's iTunes store has always dictated the terms of its dealings with record labels. As such, the largest U.S. music retailer has never censured the labels over marketing or promotion strategies.


Apple is not a nice company; it's probably not as bad to GNU/Linux as Microsoft is. Alas, it's important to avoid Apple products in order to sustain Free software and help it thrive.

Recent Techrights' Posts

Microsoft XBox Having a "Dog Ate My Homework" Moment: No New Console Until 3 Years From Now... Because "RAM Prices"
Who will ever remember this in 2028? Nobody.
Gemini End of Year Capsules Tally (Based on Lupa) Shows About 10% Growth
What a difference a year makes
Dr. Andy Farnell Explains Why Chatbots Became Dishonesty on Top of Dishonesty (Hiding Usage of Dishonest Salads of Words)
new article from CyberShow
Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
 
Ahead of 2026 Mass Layoffs at Microsoft the Tree Gets Shaken to See Who 'Falls' (Resigns/Retires)
"We had a quiet meeting last week about budget realignment. No one said layoffs, but it’s clear where the focus is shifting."
Almost 6,5000 Pages in 2025, Aiming Higher in 2026
if we can keep focused, then quantity will increase
Gemini Links 31/12/2025: New Resolution, Reverse Hexdump, and Programming Languages
Links for the day
Links 31/12/2025: Nvidia Faces Bubble-Bursting Moment, Saudi Oil Money Pumped Into Chatbots to Keep the Energy Waste Going (Circular Financing Again)
Links for the day
Richard Stallman's First Talk in a U.S. College Since 2018
Greetings from Georgia Tech!
EPO People Power - Part XX - Why António Campinos Chose to Put His Cokehead Friend on 'Sick Leave'
EPO Cocainegate will be covered for months to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 30, 2025
IRC logs for Tuesday, December 30, 2025
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day