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

1989: Free Software as "Open" Software (OSI Didn't Coin "Open Source", It Also Predates Linux)
"One man's fight for Free software"
Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
IBM Rumour: Mass Layoffs (RAs) Lists Being Made for Consulting, With Effect in July 2025
Bogus companies with no viable products and no world-leading (in their field) staff are doomed to perish
Links 21/06/2025: Data Breach With 16 Billion Passwords, Dutch Government Recommends Children Under 15 Stay off TikTok and Instagram
Links for the day
Gemini Links 21/06/2025: Notes about Typst (and LaTeX) and Opos
Links for the day
Microsoft's Competition Tactics: Sabotage GNU/Linux Installs, Block Chrome
Edge is dying
The Microsoft OOXML Modus Operandi: Throw 1,000 Pages of Other People's Work for a Judge to Read Ahead of a One-Hour Meeting
No time to discuss this - that's the point
Formalities Officers (FOs) at the EPO Are in Trouble, Reveals Internal Report
We already know, based on an HR pattern we saw at IBM and elsewhere, that reallocating roles can be prerequisite for dismissal and those who do so expect many to resign anyway
The Web is Slop and FUD, Let's Go to Gemini Protocol
Lupa sees self-signed capsules at 92.4%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025