Bonum Certa Men Certa

With Patent Quality This Low, Who Needs Any?

Bar signTime to raise the bar of patents, not lower it

Summary: Another new batch of embarrassingly-trivial patents (the bar is set too low), Twitter's reluctance to have anything to do with patents, and news from Europe and Apple

"Breaking: Amazon 1-click invention is patentable subject matter, says Justice Phelan of the Cdn. Fed. Ct. Reasons," claims Yuri Chumak who points to this new decision [PDF]



They can't be serious, can they? One-click shopping is a patentable "innovation" now? Someone, somewhere, please revisit the charter of the USPTO. This is becoming somewhat of a farce of international proportions. And it gets worse. Rollover image is now a patent too, according to this report.

"Dear website owner, congratulations on your excellent site, which includes features covered by our registered patent, #5,251,294. As the description indicates, many of the components on your pages, particularly your menus, rollover images, and shortcuts, are detailed in our claim. We would be delighted to lease these to you at a reasonable royalty rate of $80,000. Please call our offices at your convenience to arrange a payment schedule."

Nuts, right? We wish. Meet the Webvention Company, which appears to exist largely for the purpose of collecting money from companies whose online sites include commonly used features that can be construed as part of patent 5,251,294.


It's not a joke. It's an actual patent granted by the USPTO and Microsoft's Traul Allen has similar patents which he sues everyone with. Then there's the infamous JPEG on a page patent covered in [1, 2]. It's tied to Niro, the father of patent trolling [1, 2, 3, 4, 5, 6, 7, 8, 9]. The exact nickname of the patent is "The JPEG-on-a-website patent".

Just how far is the USPTO willing to go? There are more software patents being announced with great pride this week. What does that really contribute to technology? Have we learned nothing about the harms of monopoly? Just consider the harms of Microsoft bundling and its effects on progress in computing. As one blogger has just put it:

This is a nice phrase to startle computer sellers in most stores. Why is it that most computers come with Windows preloaded? To satisfy the users?? I guess that the price reductions on Windows licenses for OEMs --and price increases if they dare to sell equipment without Windows preloaded--have nothing to do with it. Nor does Microsoft's interest in fair competition and fair play.

So...if Windows comes with the computer, does that mean that Windows is part of the computer?

Clearly not. Microsoft licenses mean that the software is neither part of the computer nor yours. For the vendors, the licenses mean they have the permission to install it. What is yours is the permission to use it in your system. Do you own a copy of Windows? No, you don't. All of them belong to Microsoft, but they give you the privilege of using it--for a *small* price, of course! This resembles communism so much if you ask me. The differences are the entity that owns the goods and how people are granted the permission to use them. And still some say that Open Source equals communism??!!


Going back to the subject of patenting, BNET says that Twitter -- despite its near-monopoly in its area -- is not interested in patents:

Twitter co-founder Evan Williams predicted yesterday that the social media company will hit a billion users in time. It seems like wishful thinking if you look at the company’s traffic trend lines, but there’s no question that Twitter is big in social media. That’s why I find its patent strategy curious. Check US Patent Office records week after week and you begin to notice that Twitter doesn’t appear to ever file an application, let alone receive a granted patent.


Contrast that with Facebook, whose Microsoft-loving management has begun hoarding software patents [1, 2, 3, 4].

Over in Europe it's an entirely different story. Patent trolling is very scarce there, it hardly exists in fact (patent trolls utilise software patents, which are broad and impact a wide range of companies). The Geneva-based WIPO has been kind enough to give Free software proponents a room in the discussion over patent law and the nearby reporters from IP Watch covered the proceedings: [via]

Patents aren’t what they used to be at the World Intellectual Property Organization. Discussions to come up with a work plan at the Standing Committee on the Law of Patents (SCP) this week and in recent meetings point to the possibility of a sea change in thinking over what matters about intellectual property policy and law.


This article also speaks about royalty-free standards:

“Seeing as royalty-free standards can be implemented by anyone, where exactly do you see a barrier to trade in that?” added Karsten Gerloff, president of the Free Software Foundation Europe. The FSFE position on patents and standards is here.


The FSFE and the FFII have both been effective at exposing attempts to push software patents into Europe. Microsoft and its front groups try to do this via pseudo-standards and protocols/APIs (F/RAND), aided by corruptible or innocently misguided politicians. Apple does not appear to have real presence among the lobbying groups, but its actions too are a deterrent to innovation in the EU. Yesterday we wrote about the so-called 'anti-sexting' patent from Apple. A more professional name for it is "text message filtering" and it still brings memories from last month's censorship of SMS transmission by a large US carrier (done without user consent). Apple apologists may say:

Apple's invention, which may or may not ever find its way into an actual product, aims to stem the scourge of offensive texting.


Last month we saw such software being used not by actual customers but by the babysitting carrier. One day it may be just "offensive texting" (or "terrorism" and "child porn") and as time goes by, political dissent, just as an hypothetical example, can be automatically intercepted too. See this video which we posted earlier today.

Hugo Roy, the FSFE member who famously got in touch with Steve Jobs, shares news about another new patent from Apple. This article says: "A batch of approved patent applications from Apple issued by the U.S. Patent Office this week include descriptions of significant multi-touch innovations, such as pinch-to-zoom and knob controls."

Keep it classy, Apple. If Apple gets sued more often, maybe then it will stop amassing software monopolies.

Recent Techrights' Posts

Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
 
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025
Microsoft - Like IBM - Does the "Relocation" Tricks (Start Over Elsewhere, Then Get Sacked by Microsoft)
It is a "low blow" or a "dick move"
After the Free Software Foundation's Campaign to Raise Money Let's See Campaigns to Finish Off Microsoft (Vista 11, GitHub etc.)
Microsoft is in effect collapsing
Your Publications Have No Major Impact Unless or Until You "Get Some Heat"
we're on the right track
Slopwatch: A Cause for Hope, the Hype is Dying
For about a month we showed that becoming a slopfarm - for several weeks - resulted in utter failure and ruin for BetaNews
Links 11/07/2025: Censorship Worsening, 3D Printing Success Stories, UK and France Unite Around Nukes
Links for the day
Gemini Links 11/07/2025: Zorin OS and Scriptonite Updates
Links for the day
Links 11/07/2025: Hardware, Russia, and China
Links for the day
Links 11/07/2025: Intel Collapsing and Microsoft Resorts to Bribery to Push Slop Via Obligatory Education
Links for the day
The EFF Sided With the Team That Strangles Women and Tells Women to Kill Themselves
They say that apathy and inaction are a form of a "stance"
"Nat [Friedman] and [the Serial Strangler From Microsoft] Were Always Exceptionally Close," Says Former Housemate and Colleague
Now Alex (hiding behind another name when that suits him) not only attacks women but also people who merely report what he did to women
Exemplary List of Things That Are Not Artificial Intelligence or Even Intelligence
The "age of AI" or "era of AI" or "AI revolution" mostly boils down to rebranding, just like "the cloud"
New Letter From the European Patent Office Explains How the Office Plots to Grant Many Illegal Patents, a Self-Fulfilling Prophecy of 'Growth'
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO)
Abuse of Process
5RB is employing people who help violent men
What Microsoft's Nat Friedman and Microsoft Lunduke Have in Common
"Get in da car; No time to explain, loser"
Microsoft and IBM Don't Have Much of a Future (They Mostly Pretend at This Point)
IBM and Microsoft are in some ways alike but in many ways different
It's Not Just Twitter (or X.com) That's Dying, Microsoft's Equivalent is Dying Also
Unable to find a business model
GitHub Copilot Can Cause the Bankruptcy of GitHub to Come Sooner and GitHub to be Shut Down Just Like Skype
Some publicly available information suggests that even for each paid subscriber for plagiarism (LLM 'coding') GitHub Copilot still loses more money than it makes
Wayland is Bad for the Planet
If you use Wayland, it'll take you longer to accomplish tasks and you will consume more energy (or battery life)
Legitimising Those Who Sabotage You
Microsoft is a very malicious company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 10, 2025
IRC logs for Thursday, July 10, 2025
On Microsoft Layoffs
we might be looking at about 60,000 Microsoft layoffs since 2023
EPO Management Already Breaks Its Own Promise (Lie) on "Bringing Teams Together"
This gut-punching move happened just 2 days ago
Gemini Links 11/07/2025: Occupation of 2025 and "Old Man Yells At Soundcloud"
Links for the day
Our Lawsuits Against the 'Cancel Mob' (Ringleaders) Helped Reduce Anti-Free Software Online Abuse
That's not to say that lawsuits are the best way to handle terrible people. But that can help.