Bonum Certa Men Certa

Patent Boundaries in the US and the Risk of Europe Repeating the Mistakes of the US

Patent systems without boundaries become utterly meaningless, ripe for abuse

Fence



Summary: Software patentability and other undesirable patents in the US (as viewed by various Web sites), plus some timely commentary about the lessons the EPO must learn from the mistakes of the US, where patent trolls are now a massive epidemic

THE wrath of patent lawyers is rather telling. They are upset that Alice is ruining their so-called 'business' and they attempt to find workarounds, urging fellow patent lawyers to do the same. Gene Quinn, one of the loudest proponents of software patents, is still quite loud about it. These patent lawyers and boosters of software patents openly express their sheer worry about where things are going for software patents (hence their parasitic business) after Alice. It's expected. "One might think," Quinn writes, "that just about everything that can be said about Alice has already been said, but that is unfortunately not the case."

"They are striving to change the status quo by changing perceptions."Actually, what we appear to be seeing since the ruling (nearly a year and a half ago) is thousands of patent lawyers babbling about it and saturating the media with spin. They are striving to change the status quo by changing perceptions. Watch Quinn speaking to other boosters of software patents so as to spread yet more pro-software patents views in the media, just like IAM does.

No doubt the USPTO still allows patents on some software, including some in my research area, imaging technology. To quote this one new blog post, "USPTO Awards Additional Patent to E-ImageData Relating to its Digital Microform Imaging Technology. In a new development in the patent and trademark world, the United States Patent and Trademark Office issued an additional U.S. Patent to E-ImageData relating to its digital microform imaging technology (U.S. Patent No. 9,179,019). E-ImageData is a renowned name in the field of Imaging Data Technology which is powering most prestigious libraries and private companies across the globe."

"What does the presence of so many patent trolls tell us about the US patent system?"Notice how quickly the patent numbers are rising (approaching 10 million). It's not bizarre given that around 92% of patent applications in the US are eventually accepted. This just serves to show how ludicrous it has become and the EPO under Battistelli goes down a similar route right now (patents on life too are being accepted, not to mention software patents).

There are new debates about patents' impact on or correlation to the US economy. These will be focused on patent trolls. What does the presence of so many patent trolls tell us about the US patent system? This new blog post says that "Texas Emerges as the Favorite Place for Patent Trolls this Year" (as usual). To quote: "Texas Emerges as the Favorite Place for Patent Trolls this Year. Patent trolling is common but emergence of nearly half of all patent case filings from a single federal court district in a remote part of the country is something that is uncommon and unusual. But, same is the case with East Texas which has emerged as the single largest battle ground for most of the patent infringement lawsuits filed by various players and companies in the United States. According to reports around 44 percent of patent lawsuits have been filed in the Eastern District of Texas Court alone in this financial year which is a point to consider."

"We are going to say a lot more about patent scope in Europe and its impact."The sad thing is that there is hardly any talk anymore about US patent reform and the SCOTUS has just formally sided with patent monopolies by rejecting an appeal. To quote yesterday's report from Reuters: "The U.S. Supreme Court on Monday rejected an appeal filed by manufacturers of liquid crystal displays that are contesting claims that they infringe on a patent held by Eidos Display."

Where does it all leave us? Well, we spoke to a former EPO patent examiner, who told us it had become a big issue. This examiner wanted to send us a scanned version of Chapter 3 from the following recent book, which he thinks should generally interest us. "The title says it all," said this person, "Exclusions from Patentability -- How Far Has the European Patent Office Eroded Boundaries?"

We are going to say a lot more about patent scope in Europe and its impact. We shall do so some time in the near future. There are currently more urgent articles about the EPO in our pipeline.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
 
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails