Bonum Certa Men Certa

The Rise of Patents as Just a Marketing Tool

"There was even an unofficial competition to see who could get the goofiest patent through the system. My entry wasn't nearly the goofiest." --James Gosling, father of Java (context)

Summary: Examples where patenting of simple ideas can be viewed as clever PR ploys rather than actual inventions

THE patent hype is largely manufactured. It's the outcome of brainwashing, to which patent lawyers (the opportunistic parasites) contribute a great deal. In reality, as we have shown before, terms like "patented" or "patent-pending" merely serve to give the impression of inventiveness and advancement. It's marketing, geared towards respect from rival companies (counterparts or potential partners) and maybe customers too, especially if they are gullible.



The use of patents for marketing was demonstrated (again) by Steph the other day. "What you are seeing here is a measuring cup with a handle," she wrote. "How, on any planet anywhere, is that patentable? You can’t throw a dead cat without hitting something similar-looking. I mean, honestly." Steph previously showed how this is done by so-called 'beauty' (cosmetics) giants. They're not alone when it comes to such charades as in the field of software (and gadgets too) this is done sparingly. Earlier this week IP Kat debunked what it called "the myth of the lone inventor." Corporate image and senseless PR is what many patents are really about. Acquiring patents by applying for them is not hard (almost everything gets accepted at the end), it's just expensive.

Let's look at some recent examples where patents are used for little more than marketing. A week ago The Register wrote that "at the time of writing, 13 EVO:RAIl jobs are open at the company and patents for the software powering the appliances recently emerged."

What will these patents be used for? Looking at the details and context of the article, they won't be able to defend themselves from giants in their field, so these patents cannot be used defensively (nor offensively). VMware/EMC would eat them alive because of disproportionate portfolio size.

Here is another example. It's a press release describing MacroPoint as "creators of patented freight tracking software designed to give 3rd party visibility into load status" (as if being "patented" makes it better).

We recently wrote about Fitbit and patents [1 2 3]. One potential competitor from Korea is hoarding patents rather than focus on development. To quote a puff piece about this company:

He adds 54 patents in haptic technology to Dot’s existing five, providing a strong head start over potential competitors for the company, founded only one year ago.


What exactly can this small company do with those patents? These products are designed to help spy on people even in their sleep and the patents above serve this agenda in no way whatsoever. It's another example of (mis)use of patents for marketing, perhaps in an effort to find venture capital.

Last but not least, consider imperialism and the turf wars long fought between superpowers. Nuclear submarines (powered by a nuclear process in the US before nuclear missiles were loaded on board by the Soviets), space missions, etc. have long been used for political propaganda, giving the impression of military might and superiority. Idealogical wars (communism, capitalism and so on) have long been fought on grounds like patents, inventions, "firsts" (e.g. reaching space, landing on the moon), not just games of Chess. It's now rather similar in the industry because many companies try to prove their supposed 'superiority' by hoarding patents and bragging about the number of patents they hold under their name/belt.

Here is a Pentagon-leaning site coming up with the headline "Navy's reign in patent rankings continues". Well, the Army wants monopoly and power; using patents in this case is just marketing. It's not as though the Navy is going to take some foreign nation to court (which sovereignty anyway?) over patent infringement. To quote the military propaganda: "The value of military technology research can be looked at in a variety of ways, with protecting lives on the battlefield likely the most commonly cited goal. Another, easily quantified metric, though, might be the number of patents generated by the military’s research labs."

No, that is just marketing. Calling it "research labs" is in itself propaganda, relying on two nonsensical words that are associating war and militarism with science. The army does not like science, it likes power and domination. It is Free software-hostile (except for the practical purposes), back doors-friendly, and it now leans towards yet more proprietary software, based on this news which claims: "Being able to select a commercial-off-the-shelf software package and customize it as little as possible for a project this massive is the reason that DoD has given all along for not opting to use the U.S. Department of Veterans Affairs' proprietary and open source VistA EHR."

"Accenture is f*ed up," explained iophk to us (he had served in the Army). "This will be another mess with enormous overruns like with the stock exchange. $9 billion, that's what, 45,000 man-years at $200k salaries?"

Well, considering the love of patents (for marketing purposes), why not love for proprietary (secret) software too? Protectionism is what it's all about.

Recent Techrights' Posts

Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Unless a Third of All Microsoft Layoffs Worldwide Are in Redmond (Washington) Alone, Microsoft Has Just Lied to Everyone Via Jordan Novet in CNBC (i.e. the Usual Any Time There's Mass Layoffs and Novet Weighs in With False Numbers)
Maybe when Microsoft said 3% it meant ~6,000 or more in the US alone
As Expected, Microsoft Uses Media Operative (Jordan Novet) to Downplay the Scale of Mass Layoffs
here we go
 
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025
Gemini Links 13/05/2025: Apocalyptic Future and More
Links for the day
McKinsey (McK) is Killing IBM, It's All About Killing This Goose, "National Sales Team 80% on PIP Now" (Preceding Layoffs Without Severance)
PIPs are not based on performance
Links 13/05/2025: Microsoft Breaks Windows Very Badly Again, Mass Layoffs Reported (But False Figures, It's a Lot Higher)
Links for the day
2025 Will be a Big Year For GNU/Linux on Desktops/Laptops
with an economy like this, people who don't live in rich countries won't turn to Apple
Signs of Trouble: Microsoft Job Openings for Jobs That Do Not Exist!
Keeping up appearances?
"Special Place in Hell" for Women Who Help Violent Microsofters From Another Continent Attack Local Women Who Did Nothing Wrong, They Just Got Bullied and Deserve Sympathy or Compensation
Nothing says "Brat" like men who attack women, right?
The Numbers Game: 50,000-60,000 Microsoft Workers Laid Off in 2.5 Years? And Debt Still Tripled Under Nadella.
under Nadella Microsoft's debt trebled
The Slow Death of Windows Will Mean the Inevitable Demise of Microsoft
Once people stop using Windows, it'll be hard for Microsoft to sell anything to them
Last Week's Public Talk by Richard Stallman Well Attended and Covered in Technical News Sites
and we're looking at about 60,000 Microsoft layoffs in 3 years
Gemini Links 13/05/2025: Shopping is an Exasperating Nightmare and Making Phones Minimal
Links for the day
23,000 More Microsoft Layoffs by the End of June If the Estimates Are Correct (In Addition to About 6,000 Layoffs So Far This Year)
There's no questions about many layoffs happening this month. It got leaked already. The only question is when (and also how many).
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 12, 2025
IRC logs for Monday, May 12, 2025
Major Microsoft Layoffs This Week (Discussed Online)
later we can expect a lot of spin, even misinformation
What Happened to the Open Source Initiative (OSI) Elections: Missed Deadline
they helped expose a number of other scandals
Links 12/05/2025: Measles Rising and Taliban Outlaws Chess in Afghanistan
Links for the day
Gemini Links 12/05/2025: Advice, Iorist Ethics, and Touchscreens
Links for the day
The Finances of GAFAM Aren't as They Seem
MICROSOFT FINANCIAL PYRAMID revisited
Links 12/05/2025: US Brain Drain and Reminder That "Microsoft's Lobbying Efforts Eclipsed Enron" (Fraud Coverup)
Links for the day
The Enshittification of Royal Mail (Post Office/Postal Services) Continues
Enshittification is a thing, not only in the digital realm
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
If the Gossip is True, Today Microsoft Has "Large M1 Meetings" to Discuss Almost 30,000 More Microsoft Layoffs in 2025
the claim is that Microsoft is preparing to lay off 10% of its staff
Microsoft Has a Long and Proven History of Funding Meritless Lawsuits Against Rivals and Critics (It Always Backfires)
It also looks like the solicitor used by two Microsofters to SLAPP us is being urgently replaced
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025