Bonum Certa Men Certa

Terminology of Patent Lawyers and Pro-Patents Media Serves to Mislead the Public



Summary: An outline of stories where the language used to describe patents is grossly distorted so as to bias the reality and mislead the audience/readers

TECHRIGHTS often links to articles about patents, including some awkward ones from patent lawyers, but rarely does it nitpick or criticise the warped terminology, which with the art of semantics helps rig the discussion. Just like in politics, language defines the debate, and choice of words can either glorify or demonise an idea. Today we will give some examples that we set aside over the past fortnight.

"Trade Secrets" and Patents (Opposites)



A lot of articles such as this one began to appear some days ago, mixing or mistaking patents for "trade secrets", which are inherently very different (patents were originally introduced in order to discourage trade secrets and encourage publication). It was very hard to get the story straight based on the large majority of articles (we checked about a dozen). Ford is being sued over some rare combination of reverse engineering/'trade secrets' but also claims pertaining to patents, according to few of the reports, including this reposted article from Bloomberg, which said: "Ford allegedly began developing its own version of Versata’s software by reverse engineering, according to court papers. The Dearborn, Michigan-based carmaker is also accused of disseminating Versata’s proprietary information to unauthorized users to create “a copycat configuration technology.”"

So this is basically a combination of reverse engineering and patents. It's an attack on Ford over patents and claims of reverse engineering. A lot of the media does an extremely poor job explaining this. the word "theft" or "steal" is used sparingly, subjecting readers to a trial by media (theft is a crime, but patent violation is not the same as theft and reverse engineering should arguably be legal everywhere).

"Stealing", "Intellectual Property", and "Innovation"



One of the grossest blogs out there (IP Watchdog, which we sometimes call "Watchtroll") really beat its record. It not only used a propagandistic photo of a violent/militant bandit but also used three propaganda terms in one single headline: "Does Stealing Intellectual Property Boost Innovation?"

What a loaded, ugly headline (and a question). Patent lawyers who promote software patents really don't try to come across as professional, do they? See the photo too. It's worse than the Daily Fail, a notorious UK-based tabloid.

Patent Stacking/Royalty Stacking



There is a practice by which one company or several companies are stacking up patents and working to increase legal costs so as to discourage challenging of the patents, or simply drive a product out of the market. Watch the lawyers' media framing this ugly strategy as "consolidation". To quote:

No consolidation was granted where the petitions involved some non-overlapping grounds and arguments. However, the Board used its discretion to coordinate the date of the oral arguments to lessen the burden on the patent owner.


Software Patents by Another Name



Software patents are quite controversial, especially after Alice, which makes them weak. We have seen software patents alluded to in all sorts of ways that dodge the bad connotation, but how about "Behavioral Analytics"?

Patents as Objects



Patents are now sold like fruit and vegetables. Watch this piece titled "Improved Auction and Online Marketplace Patents Available from ICAP Patent Brokerage" or another one titled "Sleep, Temperature Analysis Wearables Patents Available". They treat these like food. To quote one of these ridiculous pieces: "ICAP Patent Brokerage announces for sale patents disclosing methods for monitoring wakefulness and body temperature, available from inventor Gaby Badre (Bader). This portfolio is offered as part of the Internet of Things IP Auction, with a bidding deadline of July 30, 2015."

They are truly selling them like some kind of objects, even though the patentor is supposed to be the holder. What has the patent system turned into? They are clearly perverting the logic behind patents when they were first introduced. Are these justified anymore? The meaning of patents has changed profoundly.

Buying Patents Like Products



"We've filed over 2,000 patents," says this piece, "which is actually a lot, and we're acquiring patents." The saddest thing? It's about Hugo Barra, known for his work on Android.

Protectionism



Patents can be a waste of time, money, and effort. "Westerners zealously guard their IPRs with patents and copyrights and so on," said this piece the other day. What is "IPRs" anyway? Intellectual Property Rights? It's a meaningless collective term that alludes to many separable things. It's a bit like "cloud".

Any protectionism by law (for the rich) can rely on metaphors like "intellect", "right" and "property", but just as in the case of that "cloud" buzzword, the reality is very different. It can simply means lock-in, surveillance, entrapment, and financial extortion. Nebulous terms make people oblivious and hence more gullible.

On "Discovering Patents"



IDG thinks that patents are being "discovered" because it says "newly discovered patents". As if there's some finite number of patents just waiting to be discovered, like gold buried beneath the ground. How foolish can the author be? Chemical elements can be discovered. Islands can be discovered (or colonised, or attacked). Patents are just an abstract concept, they're man-made and they're more like a musical composition. We never say that musicians "discover" a song when they come up with a new song.

Monopoly as "Market Exclusivity"



Monopoly is an ugly thing and a lot of literature exists to explain why monopolies are collectively harmful. So, ProactiveInvestors.com uses the propaganda terms of monopolisers and calls these "market exclusivity". To quote: "Market exclusivity is a critical component of valuation. Patenting strategies, regulatory data exclusivity and product life-cycle management will give about 10 to 15 years of market exclusivity to most novel drugs."

In reality this often means that poor people are left to die from curable diseases, just so that few companies that are often subsidised by governments (i.e. taxpayers) get to increase their private profits (going into few private pockets). Watch this new lobbying from the New Jersey press, titled "N.J. biotech companies need patent protection from Congress". What they probably mean is that they want monopoly and protectionism. Competition is something they cannot tolerate.

Patent 'Owners'



The patent maximalists, as usual, refer to patent applicants as owners, in the same way that once upon a time men from Africa were considered "property" to be "owned" by white men in the northern hemisphere. This whole notion of "ownership" of ideas is perverse, but given enough repetition in the corporate media people might come to take that all for granted and accept it, just like many people used to happily accept slavery and deem it "just" or "necessary".

"Intellectual Ventures Combats Malaria" Nonsense



Reddit, which is a horrible Web site (reportedly in steep decline this month), is now grooming the world's biggest patent troll (and strongly Microsoft-connected, too). Watch this kind of advertisement disguised as discussion. A reader of ours told us that he got banned by the moderator/s for merely questioning such dodgy 'advertisements' for an evil, reprehensible firm. It attacks practicing companies while hoarding patent monopolies by acquisition. This non-practicing (and thus by definition not good-doers or even doer) is owned by Nathan Myhrvold from Microsoft.

"The last thing this company needs is another fucking [computer] language."

--Nathan Myhrvold, Microsoft (now Intellectual Ventures)

Recent Techrights' Posts

Microsoft Uses LLM Slop to Defraud (or Rob) Shareholders
Microsoft is basically defrauding its shareholders by LLM slop
The "Davos Effect": Tarnishing the Reputation of Places Not by Overtourism But by Oligarch Infestation
The last Venice needs is an affiliation with Venetian oligarchs
 
Gemini Links 01/07/2025: Distraction-Free Writing and Hytale Mismanagement
Links for the day
Links 01/07/2025: "Beauty of Blogging" and "Etiquette of Collapse"
Links for the day
The Web is a Dead End
We need to adopt alternatives
When Words Lose Their Intended Meaning
examples of words that, at least in the technical spheres, don't mean what they sound like
People Who Disagree With You on Technical Matters May or May Not Agree With You on Political Things (But Usually They Do)
What bothers me a great deal is seeing left-leaning people accusing other left-leaning people of being "nazis"
"Too Much Choice" and "Too Many Programming Languages"
What IBM and its apologists aim for was attempted in the 1930s and it failed
Microsoft Lost 400,000,000 Windows Users, According to Microsoft
more people adopt smaller computers and many people replace Windows with GNU/Linux, as they don't really need a new computer
Half a Year Gone, What's to Come Next
In the second half of 2025 we expect to be done with the Microsoft SLAPPs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 30, 2025
IRC logs for Monday, June 30, 2025
People at the Very Top of Microsoft Know How Bad Things Really Are
There's no product that can replace the former profitability of Windows licensing and stuff that went on top of Windows
Gemini Links 01/07/2025: Mid Year and a Tour of Old Languages
Links for the day
EPO Presentation Bemoans Misuse of Slop in Decision-Making on Patents and in Classification (Which is Likely Illegal Too)
We habitually mention failed use cases of LLMs on the Web
Mass Layoffs at Microsoft Confirmed, "XBox Hardware Is Dead"
It's possible that over 20% of the staff will be laid off
Links 30/06/2025: Kyrgyzstan vs Media Freedom, Dalai Lama Succession
Links for the day
Gemini Links 30/06/2025: Backend Programs in Gemini and Dynamic Content Without The Scripting
Links for the day
Links 30/06/2025: Zuckerberg’s Tax-Evading Scheme Harms Kids, US Copyright Office Lacks Leadership
Links for the day
Microsoft Isn't Laying Off Tens of Thousands to 'Invest' in Slop ('Hey Hi'), It's Laying Off Tens of Thousands Because It's Running Out of Money (and Willing Lenders)
the layoffs are a sign of the business failing, not "hey hi" (whatever that is) replacing staff
Intel Lays Off 20% of Its Workforce, Microsoft is Doing the Same This Year
Like a yoyo, whatever goes up will come back down
Microsoft XBox Layoffs: Almost 2,000 Layoffs Became "Over 2,000"? (Over 20% of the Staff)
over 20% of staff will be let go, not counting staff that leaves voluntarily
GNU/Linux Rises to New Highs in Angola, Africa in General is Abandoning Windows
Western media barely covers Microsoft layoffs in Africa, but in recent years Microsoft culled the workforce and even shut down entire operations
Summer Plans in Techrights and Elsewhere
massive layoffs at Microsoft
Destination Geminispace (in the Age of LLM Slop and Slop Images That Infest the Web and Social Control Media)
Geminispace isn't vast, but at least it is - on average - a lot "cleaner"
GNU/Linux Growing in Sierra Leone This Year
Based on what statCounter is seeing, this year there are more and more people there who adopt GNU/Linux
Serial Sloppers Gonna Slop
More sites out there ought to call out the cheaters
Quartz (qz.com) is Spam and a Slopfarm
It used to be OK. Then they fired the staff.
Links 30/06/2025: US Economic Woes, Extreme Heat
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 29, 2025
IRC logs for Sunday, June 29, 2025
Gemini Links 30/06/2025: "The AI Hype" and New AuraGem Ask
Links for the day
Our Desktops Are Not Your Experiments, X is Not an Experiment
Breaking what already worked
Microsoft's Big Lies Regarding This Week's Mass Layoffs Have Already Begun (and They're Already Being Spread by Slopfarms)
Microsoft is the "market leader" in slop
Explaining the Full Story of SLAPPs From Microsoft Staff
For every action there is a reaction, for every attack there will be proportionate consequences
The Openwashing Shills Initiative (OSI) - Part III: IRS and Status of OSI
"They lied to the US IRS and there’s a paper trail"
IBM Red Hat's Dogmatic Fanaticism Under a Thin Veil of "Modernism"
IBM now has the audacity to paint people who don't agree as "nazis"
Microsoft's Share in Guatemala Fell From 97% to 14%
Eventually Microsoft will get stuck in a loop of layoffs, layoffs, and more layoffs
They Made Technology Scary and Taught Us That It's Innocent, Friendly, Even "Social"
Rejection of all this "apps" and "gadgets" and "Smart" (whatever that means!) status quo isn't a rejection of society
The Media is Under Attacks Partly Because There's Little Other (Remaining) Press to Speak in Its Defence
The biggest danger here is that when there's very little press or no "opposition media" left it becomes even easier to crush critics because there aren't many people left to speak about the matter
If Your Web Site is Run by Bots, Eventually Nobody Will 'Read' It Except Bots (People Don't Want to Read Slop)
Eventually people learn from mistakes
Links 29/06/2025: Microsoft Releases False/Fake Benchmarks, "Google Wants You to Watch Ads or Take Surveys to Read Articles"
Links for the day
Links 29/06/2025: Data Breaches and Online Censorship
Links for the day
Gemini Links 29/06/2025: "The Price Of Eggs" and Gemini 3D Tic Tac Toe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 28, 2025
IRC logs for Saturday, June 28, 2025