Bonum Certa Men Certa

The Patent System Not What it Used to be, Large Corporations and Patent Lawyers the Principal Beneficiaries

Ensuring that rich people become even richer, resistant to challenge

NYC



Summary: A look at some recent patent stories and what can be deduced from them, based on statistics and trends

THE HUGE news (in our assessment) that no Free software and GNU/Linux sites ever talk about is the fast demise of software patents in the United States. The prospects of patent blackmail are greatly affected (vastly diminished) by this. It helps any unaffiliated (independent from corporations and thus autonomous) software project compete against big entities with patents -- those that have been shutting down Free software projects for years, usually by means of intimidation alone. Indie Free software developers cannot afford days in court and the income they receive from Free software they develop tends to be zero or very little, so the incentive to go to court is reasonably low.



Not only software patents are affected but patents on business methods are too. As this one article put it a fortnight ago: "Each panelist had a very interesting perspective on the future of patents held by banking and financial services firms, where the majority of these patents are primarily business methods and software related."

Debates about patent scope are important. Some wonder whether drugs should be patentable (ethical issues arise because of potentially mortal impact) and other wonder about patenting medical devices so as to price them out of reach, if not just monopolise them, thus making them more scarce (unavailable in poorer places or inaccessible to poor people).

"No matter who wins and who loses a case, patent lawyers will always profit from it."Patents originally promised 'protection' for the little independent inventor, supposedly protecting him or her from much better funded corporations with copycats and mass production. In reality, as these new figures serve to show, patents are being hoarded or at least gathered mostly by large corporations, perhaps reminding us who is best served by today's patent system. It's getting worse -- and fast! The past decade alone has been terrible amd the passage of power to large corporations accelerated, as evidenced by patents. As Patently-O puts it: "As with dependent claims, the average number of independent claims per patent has also dropped significantly over the past decade. (From around 3.2 to 2.5 independent claims per patent). As the histogram shows below, the decline comes primarily from a rise in the percentage of applications with three-or-fewer independent claims."

Many thanks to Dennis Crouch for shattering a common myth about 'protection' for the little independent inventor. This myth is now dead. Crouch attributes this to costs and explains that "change is largely driven by PTO fees and the ongoing commodification of patent prosecution."

The system is now just tilted in favour of large corporations. The Fitbit-Jawbone feud which we mentioned the other day is still in the news [1, 2] and it helps remind us who benefits the most from patent extravaganza (more so than corporations): patent lawyers. No matter who wins and who loses a case, patent lawyers will always profit from it. Patent litigation is a racket and a racket that needs to be ended, just like Major General Smedley Butler once explained in relation to the war industry.

Recent Techrights' Posts

Linux is Already Dominant (Android), Let's Make GNU/Linux Dominant in Desktops/Laptops as Well
"Dr. Stallman recently warned everybody about Microsoft."
 
Our Case is a Very Easy Win, the SLAPPs From Microsofters Were a Grave Error, and Censoring Information Won't Work (It'll Only Ever Backfire)
Censoring is what people do when they lose the argument
Say the Truth, the Rest Will Follow
There's no guarantee that writing the truth will result in an audience (or readership), but over time - in the long run - people generally gravitate towards what they know or feel to be crude truth, not just what's comforting (albeit false or self-deluding, usually groupthink dictated from above)
How to Expose High-Level Corruption Without Getting in (Too Much) Trouble
Democracy depends on free press and freedom of the press depends on being able to safely publish (and keep available) material that bad people don't want to be known to anybody
In-Depth EPO Coverage at Techrights Turns Eleven
11 years is a very long time
Windows Measured Below 10% in Afghanistan, GNU/Linux Gaining a Lot
about 80% are Android (Linux) users, compared to only about 10% for Windows
Poland's Political Predicament and Social Control Media
Democracy and fake "tech" don't mix well; the latter tends to interfere with the former and that's why we get more "Putins" out there
EPO: Taking Away From the Staff to Give More to the Rich
The Central Staff Committee (CSC) wrote to EPO staff earlier this week
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 03, 2025
IRC logs for Tuesday, June 03, 2025
Abuse Inside the Polish Patent Office (UPRP) - Part I: It's a Lot Like the EPO
we can commence a series soon
Gemini Links 04/06/2025: Inescapable Questions and Quitting All "Oligarch Tech"
Links for the day
Slopwatch: Linux FUD From Slopfarms, Blaming Linux for Microsoft Issues; Even WebProNews Has Become a Slopfarm (Googlebombing "Linux" With Slop Images and Fake/Plagiarised Text)
The Web is really getting bad; it's also overwhelmed by fake material or plagiarised material, wherein the plagiarism gets disguised/hidden by LLM sausage factories
Links 03/06/2025: Tiananmen Square Massacre Censorship and Growing Military Activities Around Taiwan
Links for the day
The Loyalty to Microsoft and the Salaries From Microsoft (Funding SLAPPs Against Techrights and Tux Machines)
Garrett always knows better. He knows everything best.
Windows Falls in Italy as GNU/Linux Jumps to 5%
Italy knows a thing or two about digital autonomy
Nigeria is All Android and Google
Windows down to almost nothing in Africa's largest population
Mass Layoffs at Microsoft (Second Wave) Not Limited to Redmond
"More layoffs at Microsoft as axe falls in Washington and California"
Gemini Links 03/06/2025: Forth System and "Common Lisp is a Dumpster"
Links for the day
The Leaks Were Right: Mass Layoffs at Microsoft in May, Then Another Wave in June
Just as we've been saying for over a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 02, 2025
IRC logs for Monday, June 02, 2025
Last Article From Australia's Sam Varghese Was a Year Ago and It Covered the Release of Julian Assange, Who Will Apparently Come Back as 'Politician'
It'll soon be exactly 12 months
Hungary Seems Hungry for Linux
Windows down by a lot
Like in Europe, Bad News for Microsoft in US and Canada
If it loses those "regions", then what's left?
About 8 Waves of Mass Layoffs at Microsoft in 2025 (in Less Than 5 Months), Now Vista 11 "Market Share" Decreases
Really bad news for shareholders of Microsoft
statCounter Sees Bing "Share" Falling Over 0.5% in One Month, Now Lower Than Before the ChatGPT/Bing Chat Hype
Bing has been part of the mass layoffs for quite some time
After Microsoft's Bankruptcy in Russia Android (Linux) Will Dominate Asia Completely
Windows probably peaked in "XP" or "2000"
Microsoft's Demise is a Global Phenomenon
mass layoffs justified using mindless buzzwords
All-Time Highs for GNU/Linux in EU and the UK, All-Time Lows for Microsoft
Combining ChromeOS and GNU/Linux, it adds up to and almost reaches 6%
India: Windows Falls to 50% in Desktops/Laptops and 8% Overall
laptops/desktops fell to 16% of the whole
statCounter: GNU/Linux Up to 4.7% "Market Share" This Month
30,000 Microsoft jobs may be eliminated by year's end
Microsoft is in Trouble and Microsofters Know It
"I've been happy on Win 3.11 for years."
[Video] New Introduction to Richard Stallman's Contributions Including GNU Emacs, GNU/Linux, and Software Freedom
from the channel previously bullied for supporting RMS
Links 02/06/2025: South Korea to Vote, Russia Blitzed From Within
Links for the day
Links 02/06/2025: Political Leftovers, DRM, and Patents
Links for the day
Links 02/06/2025: Microsoft Spins Layoffs as "Slop", Frontier Settles Lawsuit
Links for the day
When You Publicly Boast About Wanting to Violently Attack People (Even Colleagues) Finding a Job Will Prove Difficult
there's a lesson to be learned here
The Web We Lost, the Information Lost Due to Microsoft's Attacks on Companies Like Yahoo! (Before the LLM Slop Frenzy)
When it comes to news sites, what can we say?
Covering Corruption in Poland, Including a War on Science (Due to Bad Politicians)
What we're about to show is that skilled and experienced scientists in Poland are besieged by bureaucrats
Gemini Links 02/06/2025: "Star Wars Day" and "Security Day"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 01, 2025
IRC logs for Sunday, June 01, 2025