Bonum Certa Men Certa

Perspectives on the USPTO and Software Patents

Companies caught in a mess



Summary: News about the legal system, patent trolls, and problematic bias in the legal circles

JUST when we thought that the USPTO had hit rock bottom it continued to surprise us with existence-threatening lawsuits and embargoes. Judge Posner, who oversaw a case incorporating both aspects, got a lot of exposure after the Reuters report that had him quoted widely as saying that, based on resultant coverage, patents should not cover software and maybe it's time for reform in the broken patent system because it is out of sync.



"Those who criticise campaigns to abolish software patents are most often patent lawyers..."Ed Burnette complains about the current patent system as well, particularly in light of some propaganda from his colleague "Steven Shaw [who] used to be a litigation attorney at Cravath, Swaine &gMoore, a New York law firm" (how telling). His multi-part propaganda [1, 2, 3, 4, 5] helps show that it's patent lawyers who want software patents, not practising folks such as technical writers.

Those who criticise campaigns to abolish software patents are most often patent lawyers, this particular example being some legal blog that claims to "explore the nexus of legal rulings". Some announcements like this one reveal that, at least in this case, a recruit "focuses his intellectual property practice on patents" (the most controversial form of so-called 'IP').

Here is the hoarding of patents and accumulation of new ones, as in this case. A lot are explicitly covering software because it is legal in the US.

A "UK Computer Software Law Firm" is advertising itself in the context of patents as well, exemplifying the ambitions of UK-based lawyers to make software patentable in the UK as well. To quote: "Patent and trade mark attorney Franks and Co has been named UK Computer Software Law Firm of the Year by Corporate INTL Magazine."

The startup parents propaganda which we wrote about recently is being challenged by some data and as hideous patents are being granted we are also reminded of their toll on society.

Acacia, a patent troll, has just extorted MathWorks, which might make some software like MATLAB more expensive (passage of wealth from non-trolls to trolls).

"Acacia, a patent troll, has just extorted MathWorks, which might make some software like MATLAB more expensive (passage of wealth from non-trolls to trolls)."Here is a new report about the impact of patents on society as a whole. To quote: "A patent is an easy way to make money, but these days not so much for inventing things but inventing concepts to patent. To make money from them, usually someone has to get sued. The process involves a considerable amount of money, starting with paying lawyers, paying court costs, paying for transport, hotels, meals, and so on. All these things add up and they account for every cent as to what a trial would and does cost. [...] Judge Richard Posner, who ruled upon a patent dispute between Apple and Motorola, called Apple's filling "frivolous". The man has got some character to be able to stand up to Apple, and we have to applaud him to having the courage to do so."

The only cases where we see the press advocating software patents (and sometimes patents as a whole) is when the writer is part of the patent litigation pipeline. It has become clear what the public wants, but private interest groups continue to distort policy. ⬆

Recent Techrights' Posts

The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
 
The Register MS: About 60 Mentions of "AI" in One Day Are Paid-for Spam (Sponsored Hype, Composed by the Companies Covered)
The Register MS is a dying site
Links 22/10/2026: MElon (Elon Musk) Election Interference and Perl/Raku Foundation by the Numbers
Links for the day
Techrights Audience Grew as a Function of the Intensity of Attacks on Its Existence
We try to publish fewer stories but better (not necessarily long but at least important) stories
TechRepublic is Becoming a Slopfarm
It seems like TechRepublic became LLM slop (maybe all of it, maybe only some of it for now)
Techrights is Not About GNU/Linux, Tux Machines Is
When we say "GNU/Linux" we emphasise the GNU
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026