Bonum Certa Men Certa

Slate Magazine Explains Why Excessive Patenting is a Bad Thing, Gives a Cautionary Tale for EPO and Others

"They [EPO examiners] claim that the organisation is decentralising and focusing on granting as many patents as possible to gain financially from fees generated." —Expatica, European Patent Office staff on strike



Slate logoSummary: Slate publishes a lengthy new article explaining why software patents are a very bad idea or why excessive patenting leads to chaos

THERE is a new article about software patents. It is a long article from Slate, which according to Wikipedia was "initially under the ownership of Microsoft as part of MSN." Thankfully, this magazine is no longer a mouthpiece of Microsoft because it got sold.

"What the history of Eskimo Pies tells us about software patents today," says the secondary headline of this new article from Slate. The article explains the perils and the downsides of excessive patenting, stating that "we generally think of patents as good things: rewards for meritorious inventors. It might seem, then, that stronger patents would lead only to good things for inventors and for society overall. Indeed, many of those debating patent reform in Congress take that very tack to the issue."

“Patent rights, when too strong, can be a liability rather than an asset.”
      --Slate
That's a mythology and a big lie, promoted to a large degree by large corporations and corporate media.

"But too much of a good thing," continues the author, "isn’t always better, as anyone who has ever had an ice cream headache can attest. Patent rights, when too strong, can be a liability rather than an asset. [...] A patent’s exclusive right can be drawn narrowly to cover only a specific invention. Or it can be drawn broadly, to block a wide range of products sharing certain basic features. A broad patent is obviously more valuable to the owner. But a patent cannot be so broad as to cover old ideas, those in the “prior art” to use patent law terminology. It would make little sense, after all, to grant someone the powerful exclusionary patent right on an idea already known to the world."

This is a timely reminder to EPO staff, which is sometimes being pressured to grant software patents in Europe despite them not even being legal. It's easy to form an hypothesis about why this is happening. Just look at EPO events such as this one, where Grant Philpott, Principal Director Telecommunications & Computers at the European Patent Office, is chairing a session with keynote speeches like these:

Trends and developments in the protection and commercialisation of software-related patents in India

Pravin Anand, Managing Partner, Anand & Anand

Presentation (PDF, 5725 KB)

The needs and experiences of European industry in protecting their computer-implemented inventions in India

Gabriele Mohsler, Vice-President, Patent Development, IPR & Licencing, Ericsson


This looks like an event promoting software patents not only in India, where these are illegal (although there is lobbying to change that now), but also in Europe, where these are practically illegal, mischievous loopholes aside (Brimelow's "as such" for combination with devices). Don't allow patent maximalists like the EPO (looking to maximise profit, as if it's a private business, not a neutral public service) distort Europe's patent policy in a gross, undemocratic fashion. As a software practitioner myself (one among millions in Europe), I can safely say that it should programmers who get to decide on such policy, not a bunch of greedy patent lawyers, congregating in private meetings where they sometimes influence politicians.

“[Y]ou’re creating a new 20-year monopoly for no good reason.”

--David Kappos (formerly head of the USPTO) speaking about patents



Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024