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

Car Companies Fail Because They Don't Manufacture What Costumers Actually Want
They try to impose their dumb vision on purchasers
Links 24/07/2026: Mass Layoffs at Patreon, Netflix Deemed Bad for People's Brains
Links for the day
Google Spreads Misinformation, Google's Slop Makes Stuff Up and Calls That "Intelligence"
Google very well understands (and even publicly admits so, albeit only for legal reasons) that the slop does not work
US is Insolvent, GAFAM is Buying Time by Hiding (Not Disclosing) Its True Debt Which Explains Never-ending Layoffs (Unrelated to Slop or "Efficiency Drives")
Five Tech Giants are Hiding $1.65tn in AI Debt, Using the Trick that Toppled Enron
PIP Apocalypse (PIPocalypse) at IBM, CEO Promotes Vapouware (Lying to Shareholders)
Companies get to shrink while lying about it to the public, even to shareholders
 
IBM PIPs Continue Until Morale Improves, Silent or Quiet Firings at IBM Explained
IBM is a dying company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 24, 2026
IRC logs for Friday, July 24, 2026
Gemini Links 24/07/2026: Animal Friendship, Squirrels, and Lagrange
Links for the day
Links 24/07/2026: IOC Drops Russia Ban, New Internationalist Raises Money
Links for the day
Poor Piece From Valnet: Microsoft Keeps Sabotaging GNU/Linux, So You Should Quit Using GNU/Linux
Really awful take
We Need More Encryption, Not Less of It
Use Free software and use encryption to ensure sources are fully protected
At 3PM on a Friday The Register MS Collects Some 'Pyramid Scheme' Money From Communist China (ZTE)
This won't age well for The Register MS
What Freedom Does Not Mean
Tell Warren Buffett to go skiing; he'll soon understand how much freedom he truly has
Linuxiac is Plagiarism
We won't link to it, we're done [...] If you wish to support journalism about GNU/Linux, do not visit or link to slop
Verizon is Over 200 Billion Dollars in Debt (US Telecoms Collapsing, Wrapping Up the Failure in "Hey Hi" Clothing)
They will tell us this is "innovation", not a failure, and that only "Luddites" would oppose this
You've Been Conned If You Ever Believed That MElon (MUSK, Elon) Was a Trillionaire
Connected to corrupt officials
The People Who Tried to 'Cancel' (or Deplatform/Censor) Daniel Pocock Are Annoyed That He's Mentioned in Dozens of Press Articles
If Pocock's words did not matter, there would not be such a huge effort to silence him
Cybershow Explains Why Only Sociopaths Gravitate Towards Leadership Position in 'Tech'
The general thesis is a familiar one
Give Me Your "Dumbest" (Devices)
Why can't people accept that a "modern "smart" "phone" isn't necessary to check the time (overkill) and playing social control media "on the go" is far from necessary?
Speeding Up 'Down Under': Australia, New Zealand, Tasmania...
As things stand, the best we can do is let people retrieve pages within less than 0.1 seconds since a request is received
Google's Debt Trebled in Only 9 Months and It's Not Even the Full Picture (There's Secret Debt, Too)
No wonder there are so many layoffs and workers try to unionise
Microsoft Layoffs in India
it's about cost-cutting
Deregulation is Blowing Up the Economy, Which Has Become a Multi-Level Scheme or Pyramid Scheme
Why did only Japanese media call out the BS; is that so hard to figure out and properly report on?
Daniel Pocock Proves Wikipedia is for Rich People or People Who Work for Very Rich People (the True Owners of Wikipedia)
It's for billionaires and their faithful boot lickers
GNOME: Your Personal Opinions Must Overlap GAFAM's (Otherwise Those Opinions Are Impermissible)
Get well soon, GNOME
Making Excuses for Stressful, Unrewarding, and Immoral Jobs
excuses for difficult and/or barely-rewarding jobs. [...] People in tech must not be evaluated (or have their "worth" assessed) based on remuneration
Almost 5 Years Without Social Control Media ('Mind Prison')
Life is too short to be stuck inside a skinnerbox
Linux Must be About People (Humans), Not Bribery From Slop Companies Trillions of Dollars in Debt and in Pursuit of Positive Press
We've lost Williams
John Dvorak Understood That "MSM" Was a Vehicle of Censorship
Independent publishing, which obviates the need to censor (influenced by existing advertisers or lookout for prospective advertisers), is the only credibly thing out there
To Understand Why Linus Torvalds Became a Boot-Licking Booster of Slop Look at Another Operative of 'Linux' Foundation, the "Mentor" of Clickfraud SPAMnil (According to SPAMnil Himself)
it seems like SJVN does not give a full disclosure
Blaming "Computers" Instead of Blaming Microsoft
Blaming Microsoft is "hate"
"Online We Are All Refugees" and Slop Pushers Are the Oppressors
They basically resort to nationalism and racism to distract from their commercial failure and fraud (pyramid scheme)
GNU/Linux Soaring in Antigua And Barbuda
GNU/Linux is internationally approaching 8%
Calling Out the Worst Culprits in "Linux" Slop (Slopfarms That Manipulate Information and Engage in Plagiarism)
Once they're gone (offline), the slopfarms cannot carry on for much longer
Defying Discrimination
Rianne's birthday is exactly a month away
Dan Williams Represented Real Diversity in Linux
Williams probably understood based on personal experience what it was like to be marginalised and discriminated against
The First Point About Software Freedom is, You Must Understand What It Really Means (Not "Open Source")
Forty Three Years of Commitment to Software Freedom [...] Educating people about what Software Freedom actually means
Gemini Links 24/07/2026: Recovering From Broken Shoulders, Loss of Passion, and "True Hacker Versus Growth Hacker"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 23, 2026
IRC logs for Thursday, July 23, 2026
Gemini Links 23/07/2026: Databases, TLGS, and RSS Feeds
Links for the day
Links 23/07/2026: Science, Censorship, and Territorial Overreach by China
Links for the day
The State of Google Security: Blocking competition
GMail is the best!
What Happens When Windows Becomes as 'Niche' as GNU/Linux on Desktops and Laptops
Android enjoys a near-monopoly and GNU/Linux isn't far behind Windows.
IBM Cash "Down $6.3 Billion From Year-end 2025." Total Debt/Equity 188.97%. (Debt Can Exceed the Company's Real Value)
the CEO alone can make well over $0.7 billion in 5 years of salaries and bonuses
Wave of PIPs Allegedly Coming to Microsoft, Managers Trained to Terminate Employees Without Paying Severance (and Without Calling it Layoffs)
They count and cut the losses
This Looks Like the End of XBox, the Console
Sharma has become the "fall man" of Microsoft
European Patent Office (EPO) Series: A Consummate Master of the "Rigged Game"
"single-candidate shortlist"
Attempts to Change Focus and Change the Subject as IBM Shares Dwindle. Buying Revenue to Mask the Rapid Decline One More Time.
IBM used to be good at engineering, not financial engineering
Down 848% Year-on-year, Negative Cash Flow, Growing Debt (Richest Man on the Planet or Shrewd Scammer?)
The latest for Tesla is more of the same
IBM Falls Below $200, Expect $199 or Less Today (Panic Threshold)
Will this be enough to topple the managers?
Gemini Links 23/07/2026: SharePoint Rants and “Junk DNA” in Commented-Out Code
Links for the day
Links 23/07/2026: RIP John C. Dvorak, Organisation Weaponised Against J.K. Rowling
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 22, 2026
IRC logs for Wednesday, July 22, 2026
Freexian & Debian: antitrust, unfair competition against joint authors and volunteers
Reprinted with permission from Daniel Pocock