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

Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024