Bonum Certa Men Certa

USPTO Shows That It Wants to Go Global

Protectionists' imperialism

Napoleon in His Study



Summary: Unitary patent and the ever-increasing patent imperialism noted while the US patent system announces intention to coerce countries overseas

B

logs of patent lawyers celebrate patents, but they are not alone; plutocrat press Bloomberg, which has been promoting "intellectual property" nonsense for quite some time (we called it out on it many times), has an entire blog with 4 people currently dedicated to advancing software patents, with people like this guy calling himself "an inventor listed on seven U.S. patents." Bloomberg makes it more apparent what it stands for. It's for corporations, not people. Globalists want multinationals to have unlimited powers without borders.

Over in New Zealand, which experienced US lobbying similar to what we had experienced in the EU, a patent profiteer from AJ Park [1, 2, 3, 4, 5] says that "Pitney Bowes denied printing patent". To quote: "The Examiner considered this a close case as merely printing something in general is insignificant post solution activity. Ignoring the printing aspect leaves you with only an abstract idea which is not patentable.

"Pitney Bowes argued that these claims are directed to more than an abstract idea. These claims automatically select an advertisement and then actually print that advertisement on a mail piece.

"The Board agreed with Pitney Bowes that the whole invention is automatically putting the appropriate advertisement on an actual mail piece. In this context, the Board found this to be more than an abstract concept and hence patentable subject matter."

But lawyers in NZ, like this writer's employer, lobby to make abstract ideas patentable in NZ. This risks spreading patent trolls from the United States, as one writer in NZ warns:

Incentives to troll the system are also likely to be high. Many software companies when hit with a lawsuit are likely to settle out of court in order to avoid legal costs and the negative publicity/share price impacts associated with a legal bun-fight. Given the money likely to be involved, it is possible that many arcane yet widely significant aspects of application coding could be patented with a view to making a fast buck.

Once again the long term loser is New Zealand whilst multinationals grow fat at our expense.

We've all seen the insanity that is the US patent system, and how it led to those shameful Apple VS. Samsung courtroom brawls. The big question is how badly do we want something similar for New Zealand?


There are trolls too, hitting both Android and iOS (Samsung and Apple), the most dominant mobile operating systems. Owing to free and open sharing, my Android application was recently picked up by another British developer (my application is Free software) who wants to try to port it to iOS. But with more Lodsys lawsuits, as shown here, even application developers are not safe anymore. Companies like Lodsys go after the small developers too. Some European companies already got hit by these trolls, barring them from distribution in the US (which in the case of global app stores may mean overall ban).

Groklaw takes note of a"Notice of Public Hearing USPTO: Asks for Comments on International Harmonization of Patent Law" and this reminds us of Cablegate lessons on global patent system, as covered here many times before. Here it is:

Notice of Public Hearing and Request for Comments on Matters Related to the Harmonization of Substantive Patent Law



The United States Patent and Trademark Office (USPTO) is seeking stakeholder input on certain matters relating to international harmonization of substantive patent law, in particular, information and views on: (1) The grace period; (2) publication of applications; (3) the treatment of conflicting applications and (4) prior user rights. To assist in gathering this information, the USPTO is holding a public hearing at which interested members of the public are invited to testify on the issues outlined above. In addition, interested members of the public are encouraged to complete an electronic questionnaire relating to the above-identified issues. Separate written comments may be provided through electronic mail, though completion of the questionnaire is strongly preferred in lieu of separate comments. Additional details may be found in the supplementary information section of this notice.


So basically the US wants to do to the world what Brussels did to Europe. The FSFE expresses concerns about what the unitary patent can do to Europe in its latest newsletter. It's the top issue:

We want software as a tool to help society. Software patents are a threat to this as they add legal and financial risks to software development and distribution by giving the patent holders legal power to completely prohibit software developers from using patented ideas.

In December the European Parliament has adopted a proposal to create a patent with unitary effect for Europe (henceforth the "unitary patent"). In adopting the proposal, Members of the European Parliament (MEPs) chose to disregard intense criticism of the proposal from all sides of the debate. Already before the vote patent lawyers, legal experts, SMEs and civil society groups such as FFII as well as FSFE all voiced their concerns to MEPs. With the adoption, the European Parliament has given up part of its power to shape Europe's innovation policy. That power will instead fall to the European Patent Office (EPO), which has a track record of awarding monopoly powers on the widest possible range of subject matter.

According to the European Parliament's website, "the international agreement creating a unified patent court will enter into force on 1 January 2014 or after thirteen contracting states ratify it, provided that UK, France and Germany are among them. With your ongoing help, FSFE will continue to inform companies and politicians about the danger of software patents.


The FSFE's head very recently noted that "Amazon patents trade in "used" digital objects http://ur1.ca/cpaq3 The next one-click?" Amazon is hostile towards GNU/Linux 1, 2, 3] (at last as a free platform) and it also pushed its software patents into Europe.

The next stage is for the USPTO to merge in a sense with the EPO, making a patent globalisation that Microsoft lobbied for out in the open. We must oppose it like many opposed ACTA in Europe. Judging by passage for the unitary patent, we are not strong enough yet.

Recent Techrights' Posts

The Free Software Foundation (FSF) is Being Attacked by Organisations Jealous of Its Principled Stance and Longevity
Nobody is perfect, but imperfection does not instantaneously imply sinister intent
Many Microsoft "Assets" Are Fabricated Baloney (to Game the Numbers)
At times it seems like what we deal with are many weak patents (on algorithms), valuations or speculations based on hype ("hey hi"), and stocks held by Microsoft and its own staff
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
 
Preparations for Our 19th Anniversary Have Already Begun
When we get back we'll probably sort out some balloons and venue for the next party
Pleased After 2 Years With team.blue
Moving from a Content Management System (CMS, dynamic) to a Static Site Generator (SSG) was a wise decision that made life so much easier
If You Reject the Google Verdict in the US, Then You Should Also Reject the "Modern" Web (Do Something About It)
Gemini Protocol is still open; it cannot be hijacked or subverted because it's frozen by design and by intention
Open Source Initiative IRS Filing: Almost All the Money is Corporate, Stefano Maffuli (Executive Director) Takes About a Quarter of That Money for Openwashing of "AI" Ponzi Scheme
OSI is currently little but a PR/marketing agency of Microsoft
Many People Are "Leaving" Red Hat, Even High-Level Managers
Something is definitely going on at Red Hat
Techrights Has Been Subjected to Calls of Violence (and Death Threats), It Never Condoned Violence
I have no sympathy for people who call violence "free speech" and then get in trouble
Condoning Violent Behaviour and "Free Speech"
perhaps Microsoft Lunduke lost touch with what constitutes violence
Takeaway From the Google Verdict: GAFAM Has Too Much Control (Even Over the US Government and Courts With Government Appointees)
Many people feel disappointed but hardly surprised by the verdict
The Free Software Foundation (FSF) Turns 40 in One Month
As noted a few days ago, several times in fact, many people now recognise the importance of the FSF's mission, even if most people don't know what the FSF is
"Voluntary" Layoffs at Microsoft (to Game the Numbers, Sugar-Coating a Crisis)
"Employees interested have until the end of October to volunteer."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 02, 2025
IRC logs for Tuesday, September 02, 2025
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users