Bonum Certa Men Certa

The Steep Decline of the Patent System: Scope Expanded While Barriers Lowered, USPTO Promotes Yet More Patenting

Protectionism for all. What could possibly go awry?

Keys



Summary: Patents are being cheapened in pursuit of increased relevance and excessive dependence on the USPTO, the US-based monopolies office which lacks oversight

THE cult of patents branches off from the flawed hypothesis that without patents, whose original goal was publication, there would no longer be much innovation. It could not be further from the truth and it is arguably the very reversal of the truth.



Patents are these days being granted on designs, which are orthogonal to innovation. Isn't copyright enough? Surely not for the maximalists, to whom protectionism is never quite enough. The new business for so-called 'IP' lawyers is in "Writing Software Patent Applications". These are people to whom copyright rarely provides a job. Here is a new post about design patents being encouraged using a scholarship.

...the fundamental question of how (or if) we should protect designs using intellectual property law.


Copyrights already achieve this and they require no filing. Implementation is itself supporting evidence. No lawyers, no authoring of patents. But this is never sufficient for the maximalists, who wish to make patents more and more abstract, making it complex to find prior art and thus just granting almost everything for cash, causing litigation and spurring no real innovation, just devaluing patents as a concept (creating a bubble). Here is what some patent lawyers are saying about patentable subject matter while the USPTO encourages more and more patenting. It recently reported expansion in the business of selling monopolies to the Valley and patent lawyers who are more vocal are calling for volunteers to groom patents for the USPTO, noting that this corruptible office has a new programme for increasing the number of patents. This same office has been seeking to legtitimise software patents with biased debates and 'roundtables' (where all participants accept software patents) and here is another conference stuffed by lawyers, as well as a panel. They say they are open for comments, but only pro-software patents people get the stage. The ACLU is "Remembering the Real Purpose of Patents" when referring to this major case and the patent maximalists speak for blind expansion of patent counts, with little help from IBM again (IBM, a software patents proponent, lets Marc Ehrlich, Senior Patent Counsel, do his thing). Pamela Jones opposes this by stating: "The current patent system no doubt looks fine if you are the company with the most patents. But I dispute that patents encourage anything but greed. Microsoft didn't build its business on patents. It is now, because it's going down the drain. If Mr. Erlich's theory was sound, it could not have built Microsoft. Yet it happened.

"Finally, while there may be, by his definition, three business models, when it comes to software -- which is where most of the patent litigation is concentrated -- there's only two sides -- proprietary and open. And there, both proprietary business models are teaming up to attack the newer open model, with the stated goal by one of them of destroying it. Tell me how that promotes innovation."

Jones also found and now promotes this group called Application Developers Alliance -- one we alluded to some days ago. In Los Angeles they are having their debate which seemingly has better speakers than the ones found in USPTO-leaning echo chambers. Rackspace will speak (Rackspace has become very active against patents), hopefully antagonising lots of lawyers and patent people (patent microcasm). We find the same in other debates on the subject. Patent lawyers and their institutions are ganging up against software engineers.

"Writing non-free software is not an ethically legitimate activity, so if people who do this run into trouble, that's good! All businesses based on non-free software ought to fail, and the sooner the better."

--Richard Stallman



Recent Techrights' Posts

KillerStartups.com is an LLM Spam Site That Sometimes Covers 'Linux' (Spams the Term)
It only serves to distract from real articles
Did Microsoft 'Buy' Red Hat Without Paying for It? Does It Tell Canonical What to Do Now?
This is what Linus Torvalds once dubbed a "dick-sucking" competition or contest (alluding to Red Hat's promotion of UEFI 'secure boot')
[Meme] Many Old Gemini Capsules Go Offline, But So Do Entire Web Sites
Problems cannot be addressed and resolved if merely talking about these problems isn't allowed
 
Links 21/11/2024: SpaceX Repeatedly Failing (Taxpayers Fund Failure), Russian Disinformation Spreading
Links for the day
Richard Stallman Earned Two More Honorary Doctorates Last Month
Two more doctorate degrees
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 20, 2024
IRC logs for Wednesday, November 20, 2024
Gemini Links 20/11/2024: Game Recommendations, Schizo Language
Links for the day
Growing Older and Signs of the Site's Maturity
The EPO material remains our top priority
Links 20/11/2024: Politics, Toolkits, and Gemini Journals
Links for the day
Links 20/11/2024: 'The Open Source Definition' and Further Escalations in Ukraine/Russia Battles
Links for the day
Links 20/11/2024: Standing Desks, Broken Cables, and Journalists Attacked Some More
Links for the day
Links 20/11/2024: Debt Issues and Fentanylware (TikTok) Ban
Links for the day
Jérémy Bobbio (Lunar), Magna Carta and Debian Freedoms: RIP
Reprinted with permission from Daniel Pocock
Jérémy Bobbio (Lunar) & Debian: from Frans Pop to Euthanasia
Reprinted with permission from Daniel Pocock
This Article About "AI-Powered" is Itself LLM-Generated Junk
Trying to meet quotas by making fake 'articles' that are - in effect - based on plagiarism?
Recognizing invalid legal judgments: rogue Debianists sought to deceive one of Europe's most neglected regions, Midlands-North-West
Reprinted with permission from Daniel Pocock
Google-funded group distributed invalid Swiss judgment to deceive Midlands-North-West
Reprinted with permission from Daniel Pocock
Gemini Links 20/11/2024: BeagleBone Black and Suicide Rates in Switzerland
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 19, 2024
IRC logs for Tuesday, November 19, 2024
Links 19/11/2024: War on Cables?
Links for the day
Gemini Links 19/11/2024: Private Journals Online and Spirituality
Links for the day
Drew's Development Mailing Lists and Patches to 'Refine' His Attack Pieces Against the FSF's Founder
Way to bury oneself in one's own grave...
The Free Software Foundation is Looking to Raise Nearly Half a Million Dollars by Year's End
And it really needs the money, unlike the EFF which sits on a humongous pile of oligarchs' and GAFAM cash
What IBMers Say About IBM Causing IBMers to Resign (by Making Life Hard/Impossible) and Why Red Hat Was a Waste of Money to Buy
partnering with GAFAM
In Some Countries, Desktop/Laptop Usage Has Fallen to the Point Where Microsoft and Windows (and Intel) Barely Matter Anymore
Microsoft is the next Intel basically
[Meme] The Web Wasn't Always Proprietary Computer Programs Disguised as 'Web Pages'
The Web is getting worse each year
Re-de-centralisation Should Be Our Goal
Put the users in charge, not governments and corporations in charge of users
Gemini Links 19/11/2024: Rain Music, ClockworkPi DevTerm, and More
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 18, 2024
IRC logs for Monday, November 18, 2024