Bonum Certa Men Certa

US Patent 'Industry' (Parasites) Defends Patently Broken System That It Profits From, Pushes for UPC in Europe

Promoting a swindle. Whose patent system is it anyway?

Big wheel



Summary: The USPTO, patent lawyers and the rest of the patents 'industry' carry on pushing for even more radical a system where parasites (like themselves) rather than inventors are financially rewarded, discouraging and retarding innovation in the process

THE USPTO has created a toxic environment for small businesses (and to a lesser degree medium- and large-sized businesses too) in the United States. In this new letter/column, published only yesterday, the author bemoans the current state of affairs:



Businesses large and small are unexpectedly receiving letters demanding money for alleged patent infringement.


"It leads to a false consensus, shaped for the most part by patent lawyers and other people who profit from the broken status quo."This is not a bad interpretation/opinion, even though it focuses on patent trolls rather than patent scope (software patents for instance). There is clearly dissatisfaction with this state of affairs, but people from the USPTO shut their ears and pretend that everything is great. Last month we showed how David Kappos, the former head of the USPTO, became rather delusional because he is stuck in the echo chamber of patent lawyers and is now profiting from it (directly). Now we see the lobbyists' favourite newspaper, The Hill, saying that "Attacks on patent system are unfounded" (that is the headline). Guess who wrote it... someone from an "intellectual property group" and the USPTO's "former commissioner for patents". No conflict of interests there? He pretends all fine and dandy at the USPTO and generally resists change. Quoting his own disclosure in full: "Stoll is a partner and co-chair of the intellectual property group at Drinker Biddle & Reath and a former commissioner for patents at the United States Patent and Trademark Office."

Why are so many voices weighing in on these matters not scientists and people who actually apply for patents? Or people who actually create stuff (without necessarily applying for patents)? It leads to a false consensus, shaped for the most part by patent lawyers and other people who profit from the broken status quo.

“If readers thought witnessing the Unified Patent Court legislative package wheedle its way through European legislation was fun...”
      --AmeriKat
Here in Europe we are seeing more or less the same thing. "We are currently witnessing some patent owners enforcing their patent rights exclusively using the European courts," wrote some US patent lawyers (this is a site of patent lawyers and vocal software patents proponents), referring to patent trolls that attack Europe as just "patent owners". These people also want the UPC, as one can imagine, because it can help patent lawyers make more money, also from the US (they can sue or issue cross-continental injunctions). "Now with the Unified Patent Court on the horizon," the author wrote, as if it is inevitable. Well, the EPO sure wants and lobbies for the UPC, which means more money and power to the EPO (at the expense of ordinary European citizens). It often seems like Europe allows itself to be the vassal not just of other countries but mostly corporations (not just European), with passage of TPP, potentially UPC, and perhaps yet more secret deals and laws that serve nobody except big businesses.

"If readers thought witnessing the Unified Patent Court legislative package wheedle its way through European legislation was fun," wrote this longtime proponent of the UPC (so-called 'IP' lawyer, going by the pseudonym AmeriKat) just hours ago, "they will equally enjoy the saga of the draft EU Trade Secrets Directive proposed by the European Commission."

It would be "fun" to "enjoy" only if one is sadistic, or an 'IP' lawyer perhaps.

Yes, well, at least we now know where we are heading if we continue to allow this whole 'public' debate to be managed by supposedly benevolent wolves, promising to guard misinformed or uninformed sheep. Practitioners in software and other disciplines need to rise up and speak up, or else things will only get worse. Patent examiners too needs to examine the impact of their work on society; who is ultimately being helped when large monopolists get the fast lane at the EPO? Who is this whole system really for?

Recent Techrights' Posts

Wine Took the Bait (Mono), Soon Starts the Microsoft Circus With the Banhammer
large companies are exercising more control over the thing/s they claim to "donate" to
[Meme] From Checked by Three Examiners to Gone (Granted) in 3 Seconds!
twice as many monopolies with 10% less staff
EPO Staff Representatives Explain the Latest Corruption at the EPO in a New Paper
Owing to corrupt management the EPO has resorted to corporate crime or organised crime designed to benefit large corporations. Who will pay the price? Everybody else in Europe.
 
[Video] Why Hurd and MINIX (or BSD) Didn't Get Ahead of Linux?
We've converted the video into WebM to make it more accessible
Dr. Richard M. Stallman (RMS) Explains That a Free/Libre Program Running on Somebody Else's Server (e.g. Clown Computing) Leads to Freedom Deficit
"when you are doing your computing you must not entrust that to somebody else's server because users including you should have control over their own computing but you can never have control over what somebody else's server does because somebody else installs software in that computer and configures it and thus decides what computing it is going to do."
ircII Has Turned 35
Don't listen to people who say IRC is "dead"
[Meme] Code of Conduct in WINE
irritate productive developers...
Number of Gemini Capsules Rising Closer to 4,100, Certificate Authority "Let's Encrypt" Down to 1.1%
Some time soon the Certificate Authority "Let's Encrypt" will probably fall below 1%
Richard M. Stallman Explains Why the Web Becoming a Pile of Proprietary JavaScript Programs (Not Pages to Render) Does Harm to Web Users
"The web was designed to let users control how that data would be rendered but businesses didn't like that."
Links 13/09/2024: Crackdowns on Bloggers, Deepfakes, Internet Archive‘s Wayback Machine Now in Google Search
Links for the day
RedMonk: September the Month of the Mouth of Redmond (Still)
the usual storyline, i.e. what's not controlled by Microsoft's proprietary GitHub simply does not exist
Links 13/09/2024: Disinformation in Focus, End of Presidential Debates (Trump Accepts It Hurts Him)
Links for the day
Mono as a Double-Purpose Trojan Horse Inside Wine
And now they can oust founders and top contributor with a CoC
This is How Bad Things Have Become at Microsoft
We're seeing nearly 80 reports in English about those layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 12, 2024
IRC logs for Thursday, September 12, 2024
Links 13/09/2024: Recorded Future Bought by MasterCard, Bits of Freedom Turns 25
Links for the day
Gemini Links 13/09/2024: Towards Aristocratic Personal Computing, Technology and Privac
Links for the day
Once Again, Mass Layoffs at Microsoft (Just Like Every Month This Year)
Reporting and articles trickling in (in recent hours)
Rumour: Layoffs in IBM Consulting Today
IBM has had many layoffs lately
Microsoft Has Infiltrated the OSI and Its Moles (Whom It Pays to Speak 'for' OSI) Control the Narrative
This is utterly grotesque
Saudi Arabia and Its Footprint in X/Twitter
a massive proportion of pro-ISIS accounts in Twitter were operated from Saudi Arabia or by Saudi Arabians
Links 12/09/2024: Apple Owes a Lot of Money, Repressions and Censorship of Activists Noted
Links for the day
Anniversaries Coming Up
Probably the funnest year of our lives, and definitely the most productive
In Europe, Vista 11 Grew Only 3% (Relative to Other Windows Versions) This Year
That's a huge problem for Microsoft
Google's YouTube Censorship Has Gotten a Lot Worse and Anti-scientific (for Commercial Reasons)
By today's standards, YouTube is not something RMS can (or would) use
Google Appears to Have Broken Every Single Instance of Invidious. It's a Wake-up Call, Please Stop Uploading Videos to YouTube.
Including videos of Free software events
[Meme] Video Uploads Improved
The tools are all in our self-hosted Git repository and the licence is, as usual, AGPLv3
Apple Event as Fine Example of the "IT" Circus
It's not clear if the enemy of Free software is a company like Apple is simply public ignorance that Apple keeps fostering
Imposters Inheriting Institutions
Dealing with the "imposter syndrome"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 11, 2024
IRC logs for Wednesday, September 11, 2024
Gemini Links 12/09/2024: Clean Island and VCFMW19
Links for the day
Links 11/09/2024: EPO Patents Tossed Out by Courts, Software Patent Reveals Ford "Tech That Listens to Driver Conversations to Serve Ads"
Links for the day
More "Linux" SEO SPAM, Wrapped Up as Clown Computing, Composed by a "Bullshit Generator" (LLM)
linuxsecurity.com at it again this week
"Linux" and Linux.com Diploma Mill
The front page of Linux.com right now is the usual nonsense
[Meme] The Ponzi Scheme That Eats Rivals (by Paying Them to Stop Competing)
Why compete when you can bribe and defang antitrust authorities?
In 2006 We Had a Novell Problem and Now We Have Several Novells
Microsoft thorns inside the community
Richard M. Stallman (RMS) Debunks Misconceptions About What Free Software Means and Explains How It Works
Free software means people (including users and developers) exercise control over the program, not the programmers
Links 11/09/2024: ROOPHLOCH Report, Small Web Experiences, and Cohost Effectively Dead
Links for the day
Links 11/09/2024: Russia Enters Latvia With Drone, Truth Social Stock Crashes
Links for the day
Certificate Authority Let's Encrypt Has Fallen From 12% in Geminispace to Just 1.2% in Two Years (Capsules Usually Self-Sign Their Certificates)
Don't ask the imposters about security
The "IT Industry" is Full of Imposters (It's a Growing Crisis)
They often manage the companies
Richard Stallman Explains Stochastic Parrots (LLMs)
From his latest talk
The Toys of Today's Kids and Coordination Woes, Not to Mention a Lack of Social Skills
Too much time indoors, too much screen time
Dispelling the Notion That Microsoft is Political Left
Microsoft not only got bailed out (several times) by Donald Trump but also approached him to take over TikTok without paying for it
Linus Torvalds, the Son of a Politician, Tries to Stay Out of Politics (or Political Topics)
"I'm just a geek" has its limits in practice
Richard Stallman Still Deals With Politics
Stallman's gonna Stallman
GAFAM Not Invincible
The US has an election very soon and Microsoft is already bribing candidates for deregulation and favours, based on press reports
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 10, 2024
IRC logs for Tuesday, September 10, 2024
The Greatest Show on Earth (Buzzwords Circus)
What next? Being denied medical service because you don't have a Facebook account?
Gemini Links 11/09/2024: Happiness, Improvised Nebuliser, and olden Age of Palm OS
Links for the day