Bonum Certa Men Certa

Patent Lawyers Want to Further Expand the Scope of Patenting in the US, Use Trolls (Scale-based Criterion) to Distract From Scope-based Reform

Hijacking opposition and popular unrest, rewriting/overriding them as opposing small pools rather than a conspiracy of large companies operating large pools (or thickets) of software patents

Law and order



Summary: An analysis of patterns in covering the patent issue in the United States; a principal finding continues to be that lawyers don't want to strike at the root of this issue

TAKING into account the money motive, it has become very clear why patent lawyers lobby so hard to maintain the broken system and furthermore make it worse (for everyone but lawyers, to whom the societal cost of a broken system is relayed as revenue). The ACLU intervenes in the big case where a decision on "whether human genes can be patented" is at stake. Using the cult of celebrities in the LA Times Angelina Jolie too seems to be getting involved and "maybe she is trying to subtly influence the U.S. Supreme Court, which is expected to rule later this year on a case challenging a Utah company's patent of the BRCA1 and BRCA2 genes.



"The ACLU intervenes in the big case where “whether human genes can be patented” is at stake.""The company, Myriad Genetics, developed the "BRCAnalysis" test that determines whether women have the dangerous gene mutation. No other company may develop such a test as long as Myriad owns the patent on the genes."

The USPTO is a mess and it is not surprising. It's guarded by wolves. One lobby comes up with ridiculous claims like "US$300 billion worth of intellectual property is stolen from the US every year" (IP being a meaningless term).

"The USPTO is a mess and it is not surprising. It’s guarded by wolves."Well, putting aside the misuse of the term "steal", those behind those figures don't grok economics, but this is not supposed to be factual or evidence-based anyway. The USPTO memo to the examiners regarding CLS Bank helps show that the USPTO is just trying to guard its own existence and growth, it is not a public service. They should redirect from the .gov domain to a .com domain. Pamela Jones wrote: "The USPTO says it has no plans to alter their wicked ways. : D

"Not yet, anyway. It's not really surprising, given the unusual split and the CLS Bank decision regarding the particular patents before the court. Nobody knows now what is and isn't patentable, which is actually better than the situation before CLS Bank, in my view. They used to think they had it right. Not so much now. So stay tuned."

Lawyers capitalise on ambiguity and lack of clarify. They always try to write de facto law themselves,using the press or at least their own self-serving (promotional) Web sites. We should stop paying much attention to them regarding the CAFC decision, which they try to warp for their own agenda. We oughtn't be asking judges, i.e. glorified lawyers, either. They are part of the same system and in this recent discussion of federal judges Posner was the only judge who we know is against software patents [1, 2, 3, 4, 5].

"The USPTO memo to the examiners regarding CLS Bank helps show that the USPTO is just trying to guard its own existence and growth, it is not a public service."Over at NPR, it is estimated that software patents have become a very major component of all US patents. NPR says "[r]oughly 40,000 software patents are issued every year," which would make it infeasible for any developer or even large development company to survey code for patent infringement. It is clear that those patents have no room in society. Even the examiners fail to survey prior art, so what is the point of it all?

The New Legal Review is preaching to the converted (lawyers) when it calls for expansion of patent scope, not reduction. It starts by stating: "Questions of what subject matter should or should not be patentable have once again seized the agenda – and the much-litigated field of software has provided the springboard. In March, the District Court for the Eastern District of Texas, a venue that usually supports patent owners, struck down a software patent held by non-practising entity (NPE) Uniloc, following proceedings that Uniloc itself had brought in June 2012. In its complaint, Uniloc alleged that web-hosting company Rackspace had infringed its patent for a means of processing ‘floating point’ numbers in computer programs – that is, decimal numbers."

One lawyer, Julie Samuels [1, 2, 3, 4], is now writing for the EFF on the subject of parents. Just like another such EFF lawyer (Mr. Nazer [1, 2]), she targets players, not scope. She wrote: "Today, Sen. John Cornyn (R-Texas) introduced the Patent Abuse Reduction Act, a wide-ranging bill targeting abusive litigation tactics—a favorite tool of the patent troll."

"Even the examiners fail to survey prior art, so what is the point of it all?"She writes about patent trolls repeatedly but not about patent scope. What she is pursuing is not the solution really, but then again, she is a lawyer. Here is another lawyers' site speaking about the misdirected reform.

This problem of misdirection (from grassroots to corporate) is not entirely new. Several years ago a Cisco lawyer created an anonymous blog focusing just on patent trolls (not scope) and now we find this entertaining blog about patent trolls, with a unique style. It is called IP Troll Tracker and it too focused on players and not scope. The aforementioned patent lawyers' blog continues to hammer on trolls when it says: "As Congress considers the SHIELD Act, it is helpful to review some of the empirical evidence on the economics Patent Assertion Entities (PAEs). Following up on Colleen Chien's recent post (Patent Trolls by the Numbers), this post looks briefly at data on the 10 publicly listed firms that were predominantly in the patent assertion business during the period from 2005 to 2010 (Acacia, Asure, Interdigital, Mosaid, Network-1, OPTi, Rambus, Tessera, Virnetx, and Wi-Lan). These companies accounted for about one sixth of all PAE lawsuits filed during this period. Although these companies might not represent the entire universe of PAEs, the greater amount of available financial information helps paint a rich picture of their business."

"Lawyers-run sites don't want us to limit the scope of patenting (their bread and butter)."David Balto (another lawyer [PDF]), writing for Patent Progress, also focuses on trolls by saying: "Patent trolls have started to target end-users, especially small companies, because they typically lack the expertise, experience and ability to fight questionable claims. Litigation costs can quickly mount up to $250,000 to $500,000, and reach millions if the case goes all the way through trial (not to mention appeals). End-users also have to deal with disruptions to their business from discovery requests and managing the litigation. Often companies are forced to divulge secret financial and technical information as well as divert key personnel from their work to participate in depositions and give testimony. Patent trolls, on the other hand, have few costs in pursuing a suit because they do not operate in any market. The lawsuit has no disruptive effect on the patent troll’s business because it is the patent troll’s business."

The key problem is not the trolls but the patents themselves. Lawyers-run sites don't want us to limit the scope of patenting (their bread and butter). It has become rather evident and it is worth demonstrating in order to recover grassroots activism on patents; currently, all the efforts are being hijacked by businesses, mostly those of lawyers and their clients (large corporations with many patents).

Recent Techrights' Posts

Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
 
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day
Still Condoning Child Labour and Exploiting Unpaid Children Developers as PR Props (to Raise Monopoly Money)
These people lack morals. So they project.
"Security, AI or Quantum" on "the IBM Titanic"
Who's RMS?
Hours Ago The Register MS Published Microsoft Windows SPAM "Sponsored by Intel." The Fake 'Article' Says "AI" 34 Times.
The Register MS isn't a serious online newspaper
EPO People Power - Part XXXV - Where Else Will Corruption and Substance Abuse be Tolerated?
We need to raise standards
Status and Capital
People who do a lot are too busy to boast about it and wear fancy garments
IBM Paying the Price for Treating Workers Badly and Discarding Real Talent (Because It's "Expensive")
IBM is dead man walking
Turbulence Ahead
I last rebooted my laptop in 2023
Google News Rewards Plagiarism With LLMs (About Linux, Too)
Google is in the slop business now
Links 14/01/2026: Failing Economy and Conquest Abroad as a Distraction From Domestic Woes
Links for the day
Gemini Links 14/01/2026: The Ephemerality of Our Digital Lives and "Summer of Upgrades"
Links for the day
Projection Tactics - Part III: Silencing Inconvenient Voices Online
If X gets banned in the UK, it'll be hard to see what the spouse says in public
Outsourcing on Microsoft's Agenda, Offshoring Also
"In some cases, India hiring is poised to replace certain roles previously based in the U.S."
Links 13/01/2026: 'Dilbert' creator Scott Adams Passes Away With Cancer, Ban on X/Twitter Considered for CSAM Profiteering
Links for the day
The Goal is Software Freedom for All
Anything to do with "Linux Foundation" is timewasting
Reminder That Red Hat Enterprise Linux (RHEL) Is Not Free, And It's Because of IBM
software freedom just 'gets in the way'
Under IBM, in Order to Game the Stock Market, Red Hat Resorted to Boosting the Biggest Ponzi Scheme in Human History
This is what IBM turned Red Hat into
Revision handed Microsoft the keys to the distortion of the past/history
This isn't the first time The Register MS rewrites computing history in Microsoft's favour, as we pointed out several times in past years
What Will Happen to GAFAM After the US Defaults Rather Than Bails Out the Market?
Or tries to topple every government that doesn't play by its rules?
EPO People Power - Part XXXIV - Bad Optics for the European Union (for Failing to Act and Tolerating Cocaine Use in Europe's Second-Largest Institution)
There are principles in laws which tie awareness with complicity
EPO's Central Staff Committee is Now Redacting (Self-Censoring) Due to Threats From the EPO "Mafia"
"On the agenda: salary adjustment procedure for 2025 (as of January 2026)"
"AI" (Slop) 'Demand' Isn't Growing, It's Fake, It's a Pyramid Scheme
They try to resort to 'creative' accounting (fraudulent schemes like circular financing)
Difficult Times at IBM and Microsoft Ahead of Mass Layoffs (Probably Before This Month's Results Unless Postponed to 'Prove' Rumours 'Wrong')
IBM and Microsoft used to be tech giants. Nowadays they mostly pretend by pumping up their stock and buying back their own shares.
Canonical: Make Ubuntu Bloated (Debian With Snaps), Then Sell the 'Debloated' Version for a Fee
If people want a light distro, then they ought not pay Canonical but instead choose a light (by design) GNU/Linux distro
People Don't Want "Just Enough", They'll Look for Quality
That's why slopfarms will go away or become inactive
Gemini Links 14/01/2026: 3D and Tiny Traffic Lights Pack
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 13, 2026
IRC logs for Tuesday, January 13, 2026
Slop Waning Whilst Originals Perish
Slop is way past its "prime"
XBox's 'Major Nelson' Loses His Job Again, This Time in a Microsoft Mono Pusher
Microsoft hasn't much of a future in gaming. XBox's business is in rapid decline and people who push Mono to game developers are the same