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

European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
 
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026
Links 05/06/2026: Lawyers in Trouble for Citing Cases That Don't Exist (Slop Too Bad to Justify Costs; Even It It Did Work, It Would Still be Far Too Expensive)
Links for the day
Gemini Links 05/06/2026: Bears in the Streets, WWII Revisionism, and Westworld
Links for the day
IBM is "Making an Exit". Only the Executives Will Get Rich.
failure disguised as success
Microsoft's LinkedIn Called "Dying Platform" by One Who Worked There
The co-founder of LinkedIn has just stepped down too
GAFAM (Google, Amazon, Facebook, Apple, Microsoft) Layoffs Are Due to Surging Debt, or About 120 Billion Dollars Borrowed in One Year Alone
It's well above 150 billion dollars if one adds Oracle
2026 is the Year of Blockchains, Says IBM's CEO a Decade Ago?
"falling upwards"
After One Jeffrey Epstein Associate 'Leaves' Microsoft's Board Another Jeffrey Epstein Associate Steps Down, Workers Concerned About the Mass Layoffs
How many more loans can Microsoft receive? Those loans are becoming increasingly risky.
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
Most Coders Used to be Women, Not Men (and Men Who Dropped Out of College Now Plunder Everything They Can)
"Ethics For Hackers"
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
European Patent Office (EPO) Series: Down But Not Out – Costa's Comeback
he managed to secure a top-level EU position in June 2024
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 04, 2026
IRC logs for Thursday, June 04, 2026