Bonum Certa Men Certa

Pressure is Mounting for All Software Patents to be Tossed Out, Even in the United States

The trolls' office belongs in the graveyard

Patent Office - Herbert C. Hoover Building



Summary: Thanks in part to patent trolls, the reputation of the USPTO is disintegrating, more calls are being made for annihilation of all software patents, and Europe is meanwhile trying to mimic or inherit the mess from the USPTO (the trolls' office)

THE Lodsys troll has been useful in the sense that it encourages people to actively call for the end of software patents. As more lawsuits get filed by this patent troll (Lodsys carries on with yet more lawsuits in Texas, of course), one venture capitalist says that "Enough Is Enough" and to quote him from his blog:



I believe that software patents should not exist. They are a tax on innovation. And software is closer to media than it is to hardware. Patenting software is like patenting music.

The mess around the Lodsys patents should be a wake up call to everyone involved in the patent business (government bureaucrats, legislators, lawyers, investors, entrepreneurs, etc) that the system is totally broken and we can't continue to go on like this.

First of all, the idea of a transaction in an application isn't novel. That idea has been resident in software for many years. The fact that the PTO issued a patent on the idea of "in app transactions" is ridiculous and an embarassment.


It's important because the patent propagandists keep saying that a business cannot receive capital unless it has some patent monopolies to exclude rivals with. Several venture capitalists have been trashing this lie over and over again; the above is just one among several who speak about the subject repeatedly. This was also published in Business Insider, which adds in a separate article that "Software Patents Are Driving Fred Wilson To The Brink" and Pascal-Emmanuel Gobry says:

He's absolutely right.

We've all know the problems with the patent system. Anything and everything gets patented without regard to the merit of the idea or who actually came up with it first (as opposed to filed it first). Patent trolls go wild, racketteering startups and innovators (the opposite of what the patent system was supposed to do, reward the little guy). Big tech companies amass patents like so many nuclear warheads in an unending, resource-swallowing Cold War.

Some people claim it's better to "reform" the system than abolish it.

But that's not true. At least for software, patents make zero sense.

A great example of a creative industry without patents is fashion. People copy each other all the time. Do fashion houses go bust? No. Do innovators go poor? No, they keep innovating at an even faster pace.

Software companies also copy each other all the time, and straight copycats don't generally do well. (And when they do, it's usually not just copying the idea, it's also great execution--ain't nothing wrong with fast followers, who bring competition to markets.)


Gizmodo too has just published this article about why software patents should not exist. To quote the opening sentences: "Patents are supposed to encourage invention and protect inventors from being ripped off. At least, this was the reasoning when patents applied to things like steam engines and drillbits. But software? That might be a whole other question.

"Patents were always intended for physical things—mechanisms that did something better in a way that would have never been obvious to another inventors. A genuine leap forward. The advent of software complicated things—and Microsoft's immense commercialization of software pushed software patents forward at a blistering pace.

"Things like a single-click online purchase dubiously fit that great leap criterion—and it's yielded a giant bundle of money for Amazon, which owns the patent on that button. If you try to use it without their permission, out come the lawyers."

How foolish does the USPTO want to look? It does not represent the will of the people, although it might represent the will of selfish patent lawyers (the patent system was not originally for them). At this current pace, the USPTO risks a collapse, no just the loss of public support. Sadly, in the mean time those American monopolies it granted to companies like Microsoft are being exploited and exported to harm Europe too. Yet again we've gotten hold of a new document [PDF] from the European Commission, which foolishly enough endorses RAND. It says that "intellectual property rights essential to the implementation of specifications are licensed to applicants on a (fair) reasonable and non-discriminatory basis ((F)RAND), which includes, at the discretion of the intellectual property rightholder, licensing essential intellectual property without compensation." Something has gone slightly rotten in the Commission [1, 2].

Recent Techrights' Posts

SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
 
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding