Bonum Certa Men Certa

Lessons to the UK-IPO and EPO, Courtesy of USPTO Failure

EU and US



Summary: What the UK Intellectual Property Office and the EPO ought to learn now that software patents are candidates for deletion in the United States

The final decision regarding Bilski is imminent [1, 2, 3, 4, 5] and Groklaw writes about the Bilski decision which leads it to "suspense". To legal folks it matters a great deal.

No opinion on In Re Bilski will issue today. The next possibility is June 21.

Opinions today were in Dillon v. United States, Schwab v. Reilly, Ontario v. Quon, Stop the Beach Renourishment, Inc. v. Florida Dept. of Environmental Protection and New Process Steel, L. P. v. NLRB. All are available at the link as PDFs, and there are some highlights by Tony Mauro on Law.com.

According to SCOTUSblog, Schwab was the last undecided case, except for Bilski, argued during the last November session.

I don't know about you, but the suspense is killing me.


Groklaw then rebuts Patent WatchTroll, perhaps choosing to pay attention to lawyers to whom science is measured in terms of paperwork. They measure patent output, which is not a scientific measure of progress. They have also hijacked the patent system in order to increase benefits to themselves. Bastian Best is one example of someone who wants software patents in Europe for selfish reasons. A short while ago he asked: "Does anyone know a reliable #statistic about the number of #swpat filings vs. patents granted at the #EPO and the #USPTO? Help appreciated!"

As Simon Phipps put it regarding this article from March:

Not only is the patent system broken (it has forgotten to protect the public good in return for granting a temporary monopoly), but it turns out that thousands of the things are kept secret.

Shaped for an analog age where businesses were control points in a disconnected society, patents have become sinkholes for money an innovation in the connected digital age, allowing unjust monopolisation and chilling of network effects.

We are /so/ overdue reform of the patent system, in the UK, the US and pretty much everywhere else.


Patent lawyers in Europe are trying to legalise software patents and to an extent they succeed while the US goes the other way. In order to avoid the mistakes of the USPTO (which the Bilski trial seeks to correct), people all across Europe should refuse to acknowledge software patents.

Comments

Recent Techrights' Posts

Small Codebase is Typically Safer (More Aftermarket Snakeoil Means More Holes)
Rust is just more code
Spending Christmas Pasting Microsoft's Chatbot Garbage - Anti-Linux and Anti-BSD FUD - Into LinuxSecurity.com (Under the Guise of 'Article')
In 2025 we need to tackle this problem
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
 
With 5 Days Left (Sans Time Extension, Which is Expected) FSF Has Already Raised 60% of the Money It Sought
Technically 59.6485%
Links 27/12/2024: Ongoing Demise of Real Healthcare, Gemlog Cleanup, Fingers Point to Russia After Passenger Plane Crash
Links for the day
Links 27/12/2024: Perfect Desk, Banning Cellphones, Many Cables Cut Near Finland
Links for the day
Gemini Links 27/12/2024: Slop and Self-hosting
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 26, 2024
IRC logs for Thursday, December 26, 2024
Links 26/12/2024: Japan-China Mitigations and Mozambique Prison Escape (1,500 Prisoners)
Links for the day
2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day