Bonum Certa Men Certa

USPTO is Broken, Evidence is Abundant

Tired USPTO eagle



USPTOSummary: Some new stories which show what a sordid mess the US patent system became over the decades

In the US, "even lawyers think patent system is broken," writes Glyn Moody regarding this article from Groklaw. We wrote a lot about the USPTO (headed by a former manager at a software patents booster*) and so did Timothy B. Lee, who identifies more pertinent parts of the problem. To quote:



People have radically different views of the patent system. Critics see it as an unmitigated disaster, while many in the patent bar don't understand what all the fuss is about. But it's rare for prominent advocates of these contrasting perspectives to engage each other directly.

But that happened on Wednesday in a teleconference debate hosted by the Federalist Society. Defending the status quo was Judge Paul Michel. Until 2010, Michel was the chief judge of the Federal Circuit Court of Appeals, a post that made him the nation's top patent judge. He debated Judge Richard Posner, a Chicago-area appeals court judge who threw out a patent lawsuit between Apple and Motorola earlier this year, complaining that the patent system had descended into "chaos."


The other day we wrote about the EFF's latest endeavour against the US patent system (it worries about innovation) -- an important effort that got backing from rich people, as covered in FOSS blogs too:

If you happen to be familiar with billionaire Mark Cuban's famous blog, then you've probably listened to his pontifications about the broken U.S. patent system many times. Now, Cuban, along with game developer Markus "Notch" Persson, is putting his money where his mouth is. The Electronic Frontier Foundation (EFF) has announced a half-million dollar donation from Cuban and Persson to boost the foundation's efforts to reform the patent system. The donation also creates a newly named position at the foundation: "The Mark Cuban Chair to Eliminate Stupid Patents."


Here is more on that [1, 2, 3, 4, 5, 6, 7, 8]. Reports were numerous.

Over at Wired, the stacked panel continues this Xmas, this time with an Assistant Professor of Law. The lawyers and career law professors don't offer solutions which make lawyers obsolete. It's lawsuits like this new one which give them business at the expense of those who have real products. To quote: "Netflix has been hit by a patent infringement lawsuit by Open TV, now a subsidiary of Nagra, the Switzerland-based conditional access company, part of the Kudelski Group. It has not said what the patents are, but the filings at the US District Court for the District of Delaware show that they are all software patents."

How about this new $1.17 billion patent lawsuit? Guess who the cost is transferred to? This is yet another instrument for passing wealth from the vast majority to the oppressive rich minority.

What "law" people suggest is not enough. It's not enough to stop patent trolls, either. We need to end all software patents, everywhere. We need to name those who stand in our way. ___ * IBM typically tries to hide it by keeping rather silent. Bloggers seem surprised by IBM's position and Pogson writes: "They proceed from begging the question to blatant error in logic. I hope this is just the vomit of one of their lawyers and not the philosophy of the corporation… otherwise, IBM is doomed to sue and be sued forever." This is not the correct assessment. IBM uses software patents to empower the cartel it leads, allowing it to sell artificially overpriced products. When it comes to patent policy, IBM is our enemy.

Recent Techrights' Posts

Politicians Ought to Invite Dr. Richard Stallman and Prof. Eben Moglen to Speak About Policies, Licensing, Digital Sovereignty
Is there something in Europe other than RMS' talk this coming Monday (that we're not yet aware of)?
Good Explanation of Why IBM Has Chosen to Conceal Mass Layoffs (of 'Expensive' Staff) as "R.T.O." (Even For People Who Never Worked at the Office to Which They're Ordered to "Return")
Many remaining IBM (or Red Hat) workers in Europe are in "cheaper" places such as Brno
Microsoft's Serial Strangler and Matthew J. Garrett Join Forces in Trying to Gag Techrights (for Exposing Microsoft Corruption and Crimes Against Women)
Whose terrible idea was it?
Free University of Bozen-Bolzano Proud to Host Free Software Talk by Richard Stallman
ahead of Monday's talk
Slopwatch: Anti-Linux Machine-Generated FUD (LLM Slop) From GBHackers, CybersecurityNews, and Guardian Digital, Inc (Google News Promotes Slop Plagiarism, Misinformation)
Companies that lie try to drown out the signal with falsehoods
 
Links 22/02/2025: OpenAI Plans to Possibly Abandon Microsoft, Facebook Doubles Execs' Bonuses While Sacking Thousands
Links for the day
Gemini Links 22/02/2025: Weekend Chill and Programming Thoughts
Links for the day
Links 22/02/2025: Labour Department Investigates Microsoft Infosys Amid Mass Layoffs, Large Law Firms Caught Red Handed With LLM Slop (Defrauding Clients and Courts)
Links for the day
Gemini Links 22/02/2025: Analog Stuff, Sigil, and SSGs
Links for the day
Microsoft's Market Share in Cameroon Falls to New Lows
This means a lot of Android users (iOS is about 4 times smaller), but Android does not mean freedom
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 21, 2025
IRC logs for Friday, February 21, 2025
The Streisand Effect is Real
So don't be evil. Also, don't strangle women.
Links 21/02/2025: Linux Foundation Openwashing, Microsoft Copilot Goes Down
Links for the day
Links 21/02/2025: Doomscrolling and European Ham Radio Show
Links for the day
Links 21/02/2025: TikTok Layoffs, WebOS Software Patents in Bad Hands
Links for the day
Gemini Links 21/02/2025: Web Browsers, Mechanical Shortcuts, and Internet Hygiene
Links for the day
Richard Stallman 'Only' Founded the FSF
there's no reason to be upset at the FSF for keeping their founder in the Board
Techrights Disconnected From the United States Two Years Ago
Did people really need to wait for the US government to become this hostile towards the media before recognising the threat?
Before Trying Censorship by Extortion the Serial Strangler From Microsoft Literally Begged Us to Delete Pages
This is very clearly just a broad campaign of intimidation
Hype Watch: Weeks After Microsoft Disappointed Investors With "Hey Hi" It's Trying Some "Quantum" Hype (Adding Impractical Vapourware to Accompany This Hype and Even LLM Slop in 'News' Clothing)
Remember "metaverse"? What happened to media hype about "blockchain" and "IoT"?
Report About February Mass Layoffs at Microsoft (Third Wave of Microsoft Layoffs in 2025) Comes Back From the Dead
Yesterday we wrote about an article in CRN (reporting Microsoft layoffs) being removed without any reasons specified
Links 21/02/2025: Myanmar Scam Centre and Disruptions at USPTO
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 20, 2025
IRC logs for Thursday, February 20, 2025
gbhackers.com is Not Hackers, It's LLM Slop Outputs (Fake 'Articles') That Attack 'True Hackers'
A site called linuxsecurity.com keeps doing this and now we see the slopfarm gbhackers.com doing the same
Gemini Links 20/02/2025: Law of Warming and Cooling, Health, and Devlog
Links for the day
linuxsecurity.com Continues to Spread Lies or Machine-Generated FUD (Microsoft LLMs Likely the Source) About OpenSSH and Linux
this LLM problem is global
Links 20/02/2025: Microsoft Infosys Layoffs and IRS Layoffs (Good News for Rich Tax Evaders)
Links for the day
IBM Layoffs in Europe Already Happening or Underway (UK and Spain). They Try Not to Call These "Layoffs".
"CIO" in particular was repeatedly mentioned lately, as was Consulting
People Who Came From Microsoft Demanding Removal of Articles About Them, About Microsoft, and About Microsoft GitHub is "Generous" (According to Them)
Imagine choosing a law firm that borrows money in the same year just to avoid overdraft in the bank!
Possibly a Third Round of Mass Layoffs at Microsoft in 2025 ("Cloud Solution Architects, Customer Roles"), Report Removed or Censored
This is literally the top story for "microsoft layoffs" right now
Instead of 'DoS Protection' Cloudflare is Allegedly Conducting 'DoS Attacks' on Users of Browsers Other Than Firefox and GAFAM's DRM Sandboxes (Chrome, Safari and Others)
If you value the Web, you will avoid Cloudflare
Mixing Real With Fake in One 'Article' (by "Director of Content, Help Net Security")
From what we can gather, he got machines to generate some slop for him
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 19, 2025
IRC logs for Wednesday, February 19, 2025