Bonum Certa Men Certa

USPTO's Software Patents 'Roundtable' is Rigged

Hand idea



Summary: Debates about software patents in the United States are still not permitting particular views' representation

THE USPTO does not really want change. But the public is increasingly dissatisfied with the USPTO's function, so USPTO executives need to save face. Recently we warned that the USPTO's so-called debate on the subject of software patents was paralysed by design; the central question was not whether such patents should be valid but what 'quality' they have.



Not too shockingly, based on one who was apparently a witess, the roundtable is somewhat of a sham:

At the USPTO's #swpat roundtable. So far everyone agrees that patents should be high quality. OK. I also support motherhood and apple pie.


Here is what a lawyers' site wrote about this recent roundtable:

Law360, New York (February 12, 2013, 5:14 PM ET) -- The U.S. Patent and Trademark Office needs to more aggressively scrutinize software patent applications to ensure that it issues fewer broad, vague patents favored by so-called patent trolls, business leaders and computer programmers told the office at a forum Tuesday.


Gérald Sédrati-Dinet, a European activist against software patents, wrote:

Disclosing algorithms is good, but it is not THE solution...


The subject of software patents is quite hot in New Zealand at the moment and Dave Lane wrote about it as follows:

After stating support for #swpat exclusion, how does Minister Foss reconcile the fact that only the pro-patents lobby endorses his SOP120?


Here is the corresponding article about the “as such” loophole:

Has Craig Foss come good on software patents?



[...]

So there we have it: clear, emphatic assurances from the Minister in charge of the Patents Bill that following passage of the new law (as amended by Mr Foss), computer programs will no longer be patentable in New Zealand. Which is great, right? After all, isn’t this what New Zealand software developers have overwhelmingly demanded?

Well yes, but the problem is that Minister Foss’s latest assurances contradict his earlier comments that his “as such” amendment would create a legal “grey area“ and allow “hundreds of software patents” to continue to be granted in New Zealand. It also confirms that Minister Foss is squarely at odds with leading IP lawyers who have said that his “as such” amendment will allow software patents.


There seems to be no limit on the scope of patenting if lawyers and lawyers-turned-politicians call all the shots. Over in Australia, the steep decline continues in parallel to the US; the patent monopolies industrial complex spreads like cancer: [via]

More patents over human genetic material could be granted after a landmark ruling in the federal court in Sydney on Friday morning.


What a disaster. As we'll show in the next post, the US is undergoing some kind of self-assessment/introspection when it comes to patents. That's the sort of dynamics we need to strive for. Rigged roundtables won't make a difference but perpetuate the status quo, so more people in the development community ought to get involved and become vocal.

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 20, 2025
IRC logs for Friday, June 20, 2025
Links 21/06/2025: Phone Bans for Concerts, Tensions in Taiwan Strait
Links for the day
Gemini Links 21/06/2025: Spoilers, Public Yggdrasil Node, Changes to AuraGem Search
Links for the day
"Six years of Gemini!"
From gemini://geminiprotocol.net
Gemini Links 20/06/2025: Summer Updates and Hardware Failures
Links for the day
Links 20/06/2025: Google Shareholder Sues Google and Google Sued for Defamatory Slop ('Hey Hi') Word Salads ('Summaries')
Links for the day
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025