Bonum Certa Men Certa

Patents Roundup: Software Patents Debate in the US, Microsoft and Apple Fight in Favour

Depositing money using weaponised patents, for the benefit or enrichment of patent trolls, monopolists, and those working for them

Deposit



Summary: A week's roundup of news about software patents in the United States, primarily from sources that stand to gain from them (software monopolists and patent lawyers)

THE US patent system, the USPTO (which also combines another aspect, trademarks), is arguably creating a chilling environment that at times can discourage innovation. This has been a subject of active debate for quite some time because in some domains, such as software, any development work can be done quickly by a single person, to whom it is infeasible to study a lot of patents before undertaking the development work. To make matter worse, because a lot of software is reducible to logic or mathematics, there may not be any workarounds, especially when the patent is so vague that it covers a whole breadth of different approaches (patent on a progress bar for instance).



"To make matter worse, because a lot of software is reducible to logic or mathematics, there may not be any workarounds, especially when the patent is so vague that it covers a whole breadth of different approaches (patent on a progress bar for instance)."The world's prominent patent maximalists (and occasional proponents of patent trolls) promoted the potency of software patents back in September, in spite of Alice. Also see Amanda Ciccatelli's "How the USPTO's “analysis paralysis” changed the software patent game". She said that "As of late, the USPTO has invalidated an increasing number of software patents and denied numerous patent applications that deal with software that’s too abstract. With so much uncertainty about the patentability of software-related inventions, there are steps that patent-seekers take to ensure compliance with €§101."

Looking to this new article from a lawyers' site, it becomes clearer just how some patents can discourage creation, either pre-actively, out of fear, or after the work was already done. To quote: "Receiving a cease and desist letter that alleges patent infringement is becoming more common in today’s competitive business markets and may come as a shock to the recipient, particularly if the sender is unknown to them and the recipient is unaware of the patents referenced in the cease and desist letter. That shock may quickly evolve into an emotional reaction based on an assumption or suspicion that the sender may be a “patent troll”, which may result in the letter being tossed into the garbage."

"Software patents are the weapon of choice of patent trolls and patent lawyers universally like these because they profit from feuds."Software patents are the weapon of choice of patent trolls and patent lawyers universally like these because they profit from feuds. The more litigation, the more business they get. That's just how this market works; companies don't just amass patents for publicity, vanity, etc. as though these are trophies. They use these offensively.

This new article by Tony Dutra speaks of a new story about patent trolls. To quote the gist of it: "A Harvard Business School study released Dec. 9 claims that patents on inventions in the financial services industry score lower on standard measures of quality compared to patents in non-financial fields.

"Professor Josh Lerner and his team looked at patents awarded by the Patent and Trademark Office after the Federal Circuit's 1998 State Street Bank decision opened the door to business method patents. The patents featured fewer citations to other documentation—non-patent literature, leading academic journals, etc.—that is likely to show an exhaustive prior art search for patentability assessments."

"That's just how this market works; companies don't just amass patents for publicity, vanity, etc. as though these are trophies. They use these offensively."According to this new report from the Financial Times, Goldman Sachs "had applied to patent a virtual currency settlement system" (we mentioned this some days ago). The intersection between patents on business methods and on software were previously explored by SCOTUS with the Bilski case.

Justin Blows, an Australian patent attorney, speaks about the recent trolling with encryption patents (patents on software). He called it "the rise of US software patents", but in reality, software patents are a declining market in the US. Blows says that in "the Alice decision, a two-step test for patent-eligible subject matter was created. In a first step, it is considered if the claims are directed to an abstract idea. If so, in a second step it is considered whether the claims have a sufficient "inventive concept" to render the idea patent-eligible. A summary of the two-step test can be found here.

"I do not believe that anyone would dispute that encryption is directed to an abstract idea. In fact, many computer implemented calculations relate to an abstract idea and so this question is particularly interesting."

"...Microsoft and Apple are now lobbying for software patents, not so surprisingly (they both use software patents against GNU, Linux, Free software and so forth)."Software patents are still on their way out (as we have shown here before, with some exceptions). Based on this new report, titled "Court to hear animation case some call broad threat to software patents", Microsoft and Apple are now lobbying for software patents, not so surprisingly (they both use software patents against GNU, Linux, Free software and so forth).

To quote Reuters, "McRO Inc, its attorneys at MoloLamken and Mishcon de Reya, and an industry group that counts Apple Inc and Microsoft Corp among its members, say that a ruling last year from a district court in California canceling McRO's patent puts the software industry in jeopardy."

Interesting to see the litigation/litigious firm which the EPO uses to attack me (Mishcon de Reya) on the same side as Microsoft.

Recent Techrights' Posts

Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
No Time Left for President Biden to Pardon Julian Assange
At least they tried
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
 
Links 20/01/2025: More PR Stunts by ByteDance and MLK’s Legacy Disrespected
Links for the day
Gemini Links 20/01/2025: Magnetic Fields, NixOS, and Pleroma
Links for the day
BetaNews Spreads Donald Trump Propaganda, Promotes Scams, and Publishes Fake 'Articles' About "Linux"
This is typical BetaNews
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 19, 2025
IRC logs for Sunday, January 19, 2025
[Meme] Hardware RAID and Hardware Raid
We're expecting attacks on the press in Trump's second term (no need to impress anyone for another election cycle) to be far worse than the first
What's Running on the Laptops
12 months have passed
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025