Bonum Certa Men Certa

India Shoots Itself in the Foot With Software Patents, Time to Act and Prevent This Worldwide

Software patents comeback shows that protests in India are needed again

Software patents protest in India



Summary: The disease which is software patents keeps trying to spread while its home country, the United States, is gradually ending software patents

THIS WEEK begins with some bad news. IAM, despite its biases, was right to suggest that patent proponents that push for software patents in India are trying, with some success in fact, to gain legitimacy and change the law.



"Even the highest court in the US ruled against these, by extension."Based on today's new article from the corporate media in India: "The Indian Patent Office's recent guidelines, declaring that software and business methods are patentable in India, has set off alarm bells across the software product industry.

"The patent office for the first time made a clear interpretation of the Patents (Amendment) Act, 2002 to mean that if a software has novelty, is inventive or tangible, and has proper technical effect or industrial application, it can be patented. The guidelines serve as a reference for officers in granting patents. Software product industry experts are against modifying the law to make computer programs easily patentable, arguing that innovation in the area is often incremental and programs are built on top of other programs."

This is disturbing as it seemingly came out of nowhere. It's due to lobbying that never stops, for instance in New Zealand this summer [1, 2, 3].

India's patents and policies on granting any is not as lenient as in Western nations and in fact earlier this morning the same paper (as above) wrote: "The Indian Patent Office has denied American drugmaker Pfizer patents for certain isomers and stereoisomers of tofacitinib, a product it markets globally as Xeljanz for the treatment of rheumatoid arthritis, in the latest example of a foreign company finding it difficult to patent incremental innovations in the country."

If India can (famously) grasp the evils on patents like these, why can't it see that software patents are inadequate? Even the highest court in the US ruled against these, by extension. It makes absolutely no sense for patents like these to spread from the US elsewhere when the US itself is now questioning (and invalidating en masse) software patents.

There is currently some European analysis of Apple's software patents in Europe (EPO-steered policies made these possible) and it's noted that:

It is only in the U.S. -- in California, Apple’s home state – that Apple has been able to score wins when it comes to the slide-to-unlock patent. In any case, the scope of the patent is quite limited (it only covers the slide-to-unlock where an image is moved across the screen) and can be worked around (it has been implemented into a multitude of Android devices). It’s hard to ignore the suggestion that Apple made this feature “famous” and most likely forced other smartphone makers to implement distinguishable slide-to-unlock mechanisms. Now people know instinctively what to do to unlock a phone but, at the end of the day, in this case it was not considered that their innovative capabilities were a sufficient reason to limit consumer choice.


Well, on the basis of it being a software patent, this patent ought to have been immediately thrown out. But after Brimelow's "as such" nonsense (notorious loophole) it often seems as though Europe only pretends to be banning software patents. There are further plans to further legitimise software patents in Europe.

India, New Zealand, and Europe should all fight back against the software patents lobby and make it explicitly clear (without exceptions) that software patents are forbidden. Failing to do this would cause enormous damage to these economies, and moreover welcome patent trolls.

Software patents protest in India

Recent Techrights' Posts

A Week After a Worldwide Windows Outage Microsoft is 'Bricking' Windows All On Its Own, Cannot Blame Others Anymore
A look back at a week of lousy press coverage, Microsoft deceit, and lessons to be learned
 
Links 26/07/2024: Hamburgerization of Sushi and GNU/Linux Primer
Links for the day
Links 26/07/2024: Tesco Cutbacks and Fake Patent Courts
Links for the day
Links 26/07/2024: Grimy Residue of the 'AI' Bubble and Tensions Around Alaska
Links for the day
Gemini Links 26/07/2024: More Computers and Tilde Hosting
Links for the day
Links 26/07/2024: "AI" Hype Debunked and Elon Musk's "X" Already Spreads Political Disinformation
Links for the day
"Why you boss is insatiably horny for firing you and replacing you with software."
Ask McDonalds how this "AI" nonsense with IBM worked out for them
No Olympics
We really need to focus on real news
Nobody Holds the GNOME Foundation Accountable (Not Even IRS), It's Governed by Lawyers, Not Geeks, and Headed by a Shaman Crank
GNOME is a deeply oppressive institutions that eats its own
[Meme] The 'Modern' Web and 'Linux' Foundation Reinforcing Monopolies and Cementing centralisation
They don't care about the users and issuing a few bytes with random characters costs them next to nothing. It gives them control over billions of human beings.
'Boiling the Frog' or How Online Certificate Status Protocol (OCSP) is Being Abandoned at Short Notice by Let's Encrypt
This isn't a lack of foresight but planned obsolescence
When the LLM Bubble Implodes Completely Microsoft Will be 'Finished'
Excuses like, "it's not ready yet" or "we'll fix it" won't pass muster
"An escalator can never break: it can only become stairs"
The lesson of this story is, if you do evil things, bad things will come your way. So don't do evil things.
When Wikileaks Was Still Primarily a Wiki
less than 14 years ago the international media based its war journalism on what Wikileaks had published
The Free Software Foundation Speaks Out Against Microsoft
the problem is bigger than Microsoft and in the long run - seeing Microsoft's demise - we'll need to emphasise Software Freedom
IRC Proceedings: Thursday, July 25, 2024
IRC logs for Thursday, July 25, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 26/07/2024: E-mail on OpenBSD and Emacs Fun
Links for the day
Links 25/07/2024: Talks of Increased Pension Age and Biden Explains Dropping Out
Links for the day
Links 25/07/2024: Paul Watson, Kernel Bug, and Taskwarrior
Links for the day
[Meme] Microsoft's "Dinobabies" Not Amused
a slur that comes from Microsoft's friends at IBM
Flashback: Microsoft Enslaves Black People (Modern Slavery) for Profit, or Even for Losses (Still Sinking in Debt Due to LLMs' Failure)
"Paid Kenyan Workers Less Than $2 Per Hour"
From Lion to Lamb: Microsoft Fell From 100% to 13% in Somalia (Lowest Since 2017)
If even one media outlet told you in 2010 that Microsoft would fall from 100% (of Web requests) to about 1 in 8 Web requests, you'd probably struggle to believe it
Microsoft Windows Became Rare in Antarctica
Antarctica's Web stats still near 0% for Windows
Links 25/07/2024: YouTube's Financial Problem (Even After Mass Layoffs), Journalists Bemoan Bogus YouTube Takedown Demands
Links for the day
Gemini Now 70 Capsules Short of 4,000 and Let's Encrypt Sinks Below 100 (Capsules) as Self-Signed Leaps to 91%
The "gopher with encryption" protocol is getting more widely used and more independent from GAFAM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 24, 2024
IRC logs for Wednesday, July 24, 2024
Techrights Statement on YouTube
YouTube is a dying platform
[Video] Julian Assange on the Right to Know
Publishing facts is spun as "espionage" by the US government and "treason" by the Russian government, to give two notable examples
Links 25/07/2024: Tesla's 45% Profit Drop, Humble Games Employees All Laid Off
Links for the day
Gemini Links 25/07/2024: Losing Grip and collapseOS
Links for the day