Bonum Certa Men Certa

USPTO in Doubt

David Kappos
No change yet



Summary: Critics of the US patent system -- and by extension other patent offices around the world -- subjected to scrutiny

MR. Cuban [1, 2] recently gave money to the fight against software patents. The USPTO is aware of public backlash and it opens up to feedback:



In response to the USPTO's call for comments on how to enhance software patent quality, Groklaw has a draft of a response to the USPTO's Topic 1 question, on "how to improve clarity of claim boundaries that define the scope of patent protection for claims that use functional language". We'd like your input before we finalize our comment. Do you see a way to improve it? Make it clearer and more accessible to non-programmers? Any further references you think would be useful?


Here is a new post about Cuban's experiences with patents:

Outspoken billionaire, Mark Cuban, is fed up with America’s patent system. “Dumbass patents are crushing small businesses. I have had multiple small companies i am an investor in have to fight or pay trolls for patents that were patently ridiculous,” he says in an email to TechCrunch.

The noted investor and Dallas Mavericks owner is perhaps best known for his unfiltered tweets against clumsy NBA officials, who he believes are endangering his star athletes. Now, he’s leveraging his penchant for attention-grabbing headlines with a newly endowed chair at digital civil rights organization, The Electronic Frontier Foundation, dubbed “The Mark Cuban Chair to Eliminate Stupid Patents.”


Even Microsoft, a patent aggressor, suffers from this lawsuit from Vringo, which sued Google:

A lawsuit filed on Thursday alleges Microsoft has been infringing patents that allow internet search engines to most effectively place advertisements.

I/P Engine said in the suit filed in Manhattan federal court that Microsoft uses search technology based on inventions by two employees of I/P Engine's parent company, Vringo.

Microsoft uses the technology in systems that generate advertisements and associated links for users of the world's largest software company's search engine, Bing, the lawsuit said.


Well, if one is to believe that innovation comes from patents, then the above is a wakeup call. Some critics of software patents address the misconception:

Patents, for all their flaws, are a widely used proxy for innovation. And a new study from the Brookings Institution shows just how clustered patent-related innovation is in America.


Unless innovation is restricted by geography, we may as well assume that patents are a business culture, not innovation culture. It's time to rethink this out-of-date establishment, which used to be all about publication but is now redundant because we have the Internet and digital registries.

Recent Techrights' Posts

4 Years Ago Freenode Crumbled From Within
there are still hundreds of thousands of users online at any given time
Microsoft Has Tainted GNOME, Which Has Key People Acting as a SLAPP Front Against Techrights (Trying to Censor the Site by Extortion and Many Threats)
One common denominator (other than Microsoft salaries) is GNOME, which was led by an actual professional crank until she quit so suddenly months ago
Homeland of Linux Kernel Turning to GNU/Linux?
Adoption of Vista 11 has been relatively low
Deja vu: Hitler's Birthday, Andreas Tille elected Debian Project Leader again
Reprinted with permission from Daniel Pocock
 
Links 21/04/2025: Microsoft LLM Slop (Plagiarism) Going Out of Control, CT Scans' Cancer Problems Was Underrated
Links for the day
GNOME Has a Long History (Over a Decade) Misusing the Code of Conduct (CoC) to Censor (Cull) Legitimate Technical Criticism
This has nothing to do with manners, it's about control (by cover-up)
According to StatCounter, This is What Linux Adoption Looks Like (Based on Web Requests Visible to StatCounter)
How much worse will it get for Microsoft?
Gemini Capsules Still Outsourcing to Certificate Authority Let's Encrypt Now Measured at Less Than 10 (or Less Than 0.3%)
In Geminispace, Let's Encrypt is not commonly used
Twisting Microsoft's Failure (Transmitting Malware) as "SSH Backdoors" and a Linux Problem
Somehow we almost always find that those FUD pieces about "Linux" are based on obvious falsehoods
Vista 11 Has Burned OEMs and Some Move to GNU/Linux
When people can finally avoid Windows (there's no reason to attach it to new PCs) there will be a lot more GNU/Linux users out there
Remember That Microsoft Mass Layoffs Are Imminent Because Its 'Empire' is Falling Apart
European politicians take a long, hard look a Free software
Richard Stallman in the UK This Week, Scheduled to Give Two Public Talks (London and Oxford)
Those talks do not cover the same topics
Gemini Links 21/04/2025: April, Autism, and ASN
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 20, 2025
IRC logs for Sunday, April 20, 2025
Links 20/04/2025: Partly Assorted Scientific and Political Leftovers
Links for the day
Links 20/04/2025: Many Data Breaches and Growing Censorship Wave
Links for the day
Gemini Links 20/04/2025: Canadian Elections and "Use the Best Tools You Have for the Current Environment"
Links for the day
Links 20/04/2025: Bleeding Constitution and ChatGPT Infuriates Users Some More
Links for the day
Chinese OEMs (and World's Largest) Pave a Path Out of Microsoft Windows
So Microsoft now values (or prices) Vista 11 at just $140?
Gemini Links 20/04/2025: Contradictions of Mark Carney and Blog Questions Challenge
Links for the day
Microsoft's 'Lawsuit Diplomacy' (SLAPPs Riding UK Libel Law and Piggybacking UK GDPR, Inapplicable!) Will Only Give a Worse Image to Microsofters (and Microsoft), Give Exposure to Even More Suppressed Facts and Scandals
Microsoft came to dominate some sectors because of (or owing to) crimes; Microsoft won't just go away without some more crimes.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 19, 2025
IRC logs for Saturday, April 19, 2025
Five (or Three) Years Without Social Control Media
Glyn Moody quit X (Twitter)
Electronics in People's Bedrooms
Modern technology not only blurred the gap between "functions" of rooms
Why GNU/Linux is Growing
There's growing interest in GNU/Linux right now because people do not fancy buying a new PC just to 'upgrade' (more spying) Windows
Gemini Links 19/04/2025: Contingencies, GTD, and Old Computers
Links for the day
Links 19/04/2025: Economic Races, Charm Offensives, and USB-C Rants
Links for the day
Links 19/04/2025: "Infantilization at Big Tech" and LLM Slop Abused in Defiance of Workplace Rules/Policies
Links for the day
Gemini Links 19/04/2025: Palm Addiction and Real Experts
Links for the day
Egypt is Controlled by Google, Not Microsoft
Moving from Microsoft to Google is not the answer
Microsofters Say They Cannot Find a Job (That They Want) Because of Techrights, But Techrights Merely Reported on Their Behaviour
Quit pointing the finger at people who are recipients of abuse or merely mention the abuse
Free Software and Standards - Not Marketing Blitz - Needed Amid Growing Severity of Dependency on Hostile Suppliers (or Another Country's Sovereignty)
ZenDiS can be described as the "Center for Digital Sovereignty of Public Administration"
When It Comes to the Web, Google is Evil and It Destroys the Web's Integrity With LLM Slop
Even academia, which is meant to keep standards high, is being lured into LLM slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 18, 2025
IRC logs for Friday, April 18, 2025