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

If You Don't Control Your Online Platform, Then Someone Else is Controlling You
be (or become) independent
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
Links 22/09/2025: Murdochs Might Join Fentanylware (TikTok) 'Investors' (Masters), United Kingdom Recognises Palestinian Statehood
Links for the day
The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
What Scares Them the Most is Independent News Sites That They Cannot Control and Censor
Wikileaks was a good example of this
Oracle Started This Year With Slop. Then It Stopped.
Passing fads are like this
Distros That Run on PCs Made 20 Years Ago and Don't Use Systemd
Betas for now
The Complaint About Brett Wilson LLP - Part I - Abusing British Women on Behalf of American Men Who Abuse American Women
Transparency is important to us, so we've decided to make this series
Slopwatch: Google News and the Evident Slopfarm Infestation
This is what people get about Linux when they query Google for Linux
Gemini Links 22/09/2025: Esperanto Music History and Apps For Android
Links for the day
Links 22/09/2025: More American 'Censorship' (Retaliation for Journalism), Cheeto "Might Be Losing His Race Against Time"
Links for the day
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day