Bonum Certa Men Certa

Better Watch Out or the United States Will Export Software Patents to Europe, Along With Patent Trolls

The lobbyists are evidently and demonstrably working behind the scenes

Unitary Patent
Picture from FFII



Summary: The growing risk of an 'export' of patent trolling through increasingly corporations-leaning globalisation (e.g. trade agreements) in Europe

IN THE UNITES STATES there is plenty of talk about patent reform (it's everywhere in the media), but the existing reform is pretty weak if not altogether bogus as it's designed to discourage participation by small patent aggressors for large corporations' sake [1, 2, 3, 4]. It's already weakened by lobbyists of these large corporations, as always.



IAM's patent maximalists, as we last mentioned a day ago in light of glorification of patent aggressors, is all for it. "There is a reason US patent owners with infringement issues like the German system," it wrote, "look forward to the UPC" (see what we previously wrote about the UPC in relation to Europe; it is helping patent trolls expand to Europe). Rather than a reform it's a revolution, exploiting the merger of European member states to launder some laws on behalf of large corporations. We should definitely keep an eye on this. As Richard Stallman warned some years ago (well before the Benoît Battistelli era), EPO staff "went on strike accusing the organization of corruption: specifically, stretching the standards for patents in order to make more money. One of the ways that the EPO has done this is by issuing software patents in defiance of the treaty that set it up.”

"Rather than a reform it's a revolution, exploiting the merger of European member states to launder some laws on behalf of large corporations."The capital of patent trolls, Texas, where software patents run like water, must be licking its lips in anticipation for this long-promised European expansion (taking their racket to another wealthy continent). As the EFF's article "Judges in Texas Unfairly Impose New Requirements on Patent Defendants" serves to show, Texas has high hopes for patent trolls. It's all about profit (a hoard at programmers' expense) for some opportunistic lawyers. Engadget, for example, wrote: "Federal courts might have made it harder for patent trolls to sue over vague ideas, but the Eastern District of Texas (the trolls' preferred venue) just put the ball back in their court. Some judges in the region now demand that the targets of these lawsuits get permission before they file motions to dismiss cases based on abstract concepts. If the defendants don't show "good cause" for needing those motions, the lawsuits go ahead -- and historically, that means that the trolls either win their cases or extract settlements from companies unwilling to endure the costs of a prolonged legal battle."

These parasitic creatures -- patent trolls -- are already causing huge financial damage in the United States. Financial organisations are reportedly taking action. To quote one new report: "Financial services organizations are continuing to urge Congress to pass legislation that combats patent abuse. They’re claiming demand letters from so-called "patent trolls" signify a great and growing threat to financial service organizations.

"NAFCU, CUNA, the Independent Community Bankers of America, the American Bankers Association, the American Insurance Association, The Clearing House, Financial Services Roundtable, NACHA and The National Association of Mutual Insurance Companies have asked Congress to adopt needed legislation to stop abusive practices from law firms representing patent assertion entities."

"These parasitic creatures -- patent trolls -- are already causing huge financial damage in the United States."On the other hand, a venture capital trade group defends the trolls. As Fortune put it: "The latest attempt by Congress to curb the problem of “patent trolls” is on the ropes yet again, and this time the opposition is coming from an unlikely source: The National Venture Capital Association, a trade group which is taking steps to water down patent reform legislation, even though many of its members are vocal advocates for it."

Andy Updegrove, a lawyer for the Linux Foundation, has meanwhile spoken to a European trade group (OFE), discussing the US patent 'reform' and software patents here in Europe. Below are some of the relevant parts of this interview:

MB: I would like to talk about patent reform. I know you have done quite a lot of work on this and so I was wondering if you could give our readers - particularly those in the EU who might not have been following the debates so closely - a top-level view of the current state of patent regulation in the US.

AU: Patent reform suffers from several challenges. One of which is the concept of the patent as a one size fits all, legally speaking. In software there is little doubt that the engineer would create an invention with or without patents and indeed in the US until the late 1990s, software was not even recognised as being patentable. And yet there was an enormous amount of software written in the golden age of software. You could even say that the first golden age of Operating System development occurred when patents were not available for them at all. And indeed in Europe the ability to patent software is very limited and yet innovation continues. So my personal belief is that there would be just as much innovation in software if patents were to become unavailable today....

MB: And what has the US Government and US Congress done to address this? Can you talk a little bit about the policy and legal rather initiatives that have been put forward to address concerns around "patent trolls".

AU: There is a lot of lobbying in the US on this, especially from large patent holders. But you have to understand that these companies are both patent owners and patent consumers. So they have a very schizophrenic relationship as well. In fact, many of the companies with the most patents comparatively rarely actually sue anyone for infringement. They worry as much about being sued by other owners of patents, so at the same time as they invest enormous amounts of money in patents they also want to have a patent system where they can defend themselves successfully when they think that they are being sued unfairly. So there is something of a check and balance and it would be wrong to assume that most high-tech companies necessarily campaign against reform. They in fact are in favour of legislation that would curtail trolls....


These fragments of text about software patents and the so-called 'reform' ought to remind us of the great dangers posed by the corrupt EPO, where expansion of patent scope has been a strategic focus. We have written about this for nearly a decade now.

Expect the secretive trans-Atlantic 'agreements' (between rich people on both sides of the ocean) to deal more and more with patents, blurring the continental gaps that currently guard many European businesses from an abundance of patent trolls in north America. Actors who do this are usually lobbyists or front groups that also paved the way to software patents in Europe.



Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026