Bonum Certa Men Certa

Why the Corporations-Leaning US Political System Does Not and Will Not Help Resolve the Patent Chaos

Where money calls the shots corporations and their owners almost always get their way at the public's expense

Money envelope



Summary: Commentary on the US patent system and why it has never quite healed itself, nor will it ever be able to heal itself if large corporations dominate political figures

BEFORE we were focused on the EPO we had been writing literally thousands of articles about the US patent system (USPTO), which is utterly dysfunctional, unjust, and detrimental to human progress.



IP Watch, a site mostly critical of the existing systems or frameworks, has just said that "More than 50 members of the United States Congress today sent a letter urging the US Department of Health and Human Services (HHS) and National Institutes of Health (NIH) to exercise their legal authority to require medical patents that have emerged from government-funded medical research projects to be licensed on reasonable and affordable terms for public use.

"It helps show that patents are often more to do with protectionism than innovation or public service. It's about corporations, not about people.""The letter [pdf], rooted in a growing public concern with the rising prices of prescription drugs, argued that failure to use this measure would drive an image that the American government funds projects with taxpayer money that allow profiteering from struggling patients and families rather than simply earning enough profit to provide for future research and the researchers’ own incomes."

It is easy to spot the inherent problems here, seeing the absurdity of granting a patent monopoly, a government-enforced monopoly, derived from tax money which the government ordered to be given. It helps show that patents are often more to do with protectionism than innovation or public service. It's about corporations, not about people.

A new article from bankers' media alludes to the CLS Bank case, which is better known by the plaintiff's name, Alice. Here is what it says about software patents:

A landmark case in this area was the 2014 decision in Alice Corp. v. CLS Bank, in which the U.S. Supreme Court ruled that patents on software related to an electronic escrow service were found to be unpatentable, since the patent's claims were drawn from abstract ideas.

"I think there's a movement in the courts and in Congress to restrict the scope of software patentability," Knight said.


Yes, well, once upon a time there was a healthy debate out there about whether software patents should be abolished. Those days were gone after large corporations had hijacked the debates and warped these into debates about patent trolls (meaning small entities that typically use software patents, often against large entities/corporations). All of these "reform" (for large corporations) talks virtually vanished (from the media and from politics) right after the summer break. It all got squashed and lost all its momentum. This is politics. It's total nonsense when it's clogged up by sponsors, donors etc.

"...once upon a time there was a healthy debate out there about whether software patents should be abolished."Florian Müller tells IP Troll Tracker (Steph): "I agree that a focus on trolls is poor justification for reform. Trolls are merely a symptom of the underlying problems." He also asks "So you also feel that patent reform advocates have been too timid so far in their portrayal of problems and proposals?"

This was after he wrote a long rant about the role of political correctness (or maybe the sixth sense which is campaign contributions money) in the reluctance to put to rest the bad patent system which promotes extortion rackets. To quote the apolitical part (not GOP promotion):

U.S. patent reform advocates have been disappointed term after term, presidency after presidency. Washington has a "do nothing" reputation, but a sea change appears to be around the corner and it may also create an environment in which, at long last, the massive and dramatic problems caused by a broken patent system may be addressed more forcefully and courageously than before.

Political correctness has terrible effects because it prevents politicians, the media and the general public from discussing the real issues without mincing words, and when you can't even talk about the real issues, you're very, very unlikely to identify and implement solutions.

Political correctness is the root cause of many problems not only in such contexts as immigration policy or the problem with certain ethnicities' crime rates.

There are many areas in which a dogma has been turned into an axiom. Even though I'm an environmentalist (my house has a groundwater heat pump and uses groundwater temperature for cooling), I'd like there to be a more open discussion of the causes of global warming. Just an example.

Political correctness is also a huge problem in the debate over U.S. patent reform. Organizations and individuals probably feared that they would be "anti-American" if they simply said that the U.S. patent system is broken and fails to serve true innovators.

In all those congressional hearings on patent reform that I watched, each and every politician repeated the mantra of the U.S. patent system being key to innovation and allegedly being the envy of the world, when the reality is that it's the laughing stock of patent and industry professionals in the rest of the world. Over the years I've talked to so many patent lawyers from Europe and Asia, and even to patent examiners (though not the ones the EPO leadership accuses of having been in contact with me), about the overall situation, and no one believes that U.S. juries are qualified to determine infringement and validity issues, no one has ever disagreed with me that the Federal Circuit is generally too patent-holder-friendly, and no one has ever disagreed with me that the quality of USPTO-granted patents is generally even lower than that of European patents.

Impactful patent reform in the U.S. won't happen until at least a significant percentage of all politicians and stakeholders participating in the debate will start to tell the truth, which is that most information and communications technology patents are invalid as granted, that a high percentage of all claim construction decisions are reversed on appeal, that even those patents that are not invalid and are ultimately deemed infringed generally don't protect anything that justifies a 20-year monopoly, and that there is no point in incentivizing "being first to file" when the combination of copyright, trademarks, trade secrets, and the first-mover advantage in relatively fast-moving fields are more than sufficient to protect investment in innovation. Reform advocates must place more emphasis on the fact that ever more U.S. patents are not granted to U.S. companies, just like most European patents are not held by European companies. It must be said that the correlation between patents and innovation in a country is hardly a causation of patents promoting innovation, that patents increasingly serve as a substitute rather than an incentive for innovation, and that studies linking patents to innovation are often based on circular logic, considering each patent an innovation.

Less is more. How can anyone seriously believe that patent inflation has anything to do with increased innovative activity? Would anyone believe that merely printing more money creates prosperity? Reform advocates should talk about how to gradually bring the number of patents granted per year down to a fraction of the current rate.


The US patent system isn't the only one permitting patents on software. Under the EPO's regime (like Brimelow's "as such" loophole) many companies apply for and get software patents in Europe. The patent lawyers like it because it means more business (income) for them. Looking at sites of patent lawyers (IAM for instance), we do find very recent evidence that the patent system doesn't quite function as was originally intended (when patent laws were conceived as means as providing an incentive to those publishing their physical inventions). As part of Xiaomi's notorious campaign to amass thousands of patents, it now reportedly buys Broadcom patents. So, here again we have hardware-related patents being passed around, sold, changed in terms of ownership/assignment, serving to show that as a reward for innovation patents don't quite function, not as stated on the tin. They're more like weapons or tools of coercion.

"One way to tackle these issues is to inform the public, not politicians, who are easily influenced by corporate cash (bribes/donations/revolving doors) and are therefore unlikely to become part of the solution.""In an assignment dated 23rd October 2015 and recorded with the USPTO on 7th December," IAM wrote, "US semiconductor company Broadcom transferred 19 US patent assets to an entity named Xiaomi H.K. Ltd."

In similar news, "Qualcomm asks U.S. court to force Apple, Samsung and others to surrender documents" and "Public patent licensing company index declined 24.4% in 2015".

The term "patent licensing company" can be viewed as a gentler term for patent trolls, such as the Microsoft-connected Acacia, which habitually attacks Linux with patents. According to this report from IAM, Acacia is not doing too well. To quote: "Capping off 12 months of slumping share prices was the resignation in late December of Acacia CEO Matthew Vella. His exit came after the NPE was on the wrong end of a damaging decision in the Eastern District of Texas as a jury found in favour of the defendants, including Alcatel Lucent, ruling that the Acacia patent was invalid and not infringed. If that ruling had gone the other way it’s fair to say that Vella would probably still be in a job."

Irrespective of this one patent troll and putting aside the impact of Alice on software patents, the problem is far from resolved and some of Müller's observations (not the political slant) have earned praises from critics of the patent system, such as Jamie Love. One way to tackle these issues is to inform the public, not politicians, who are easily influenced by corporate cash (bribes/donations/revolving doors) and are therefore unlikely to become part of the solution.

Recent Techrights' Posts

Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
 
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day
Links 26/08/2026: Patent Troll InterDigital Utilises Software Patents in Unconstitutional Court, "WikiHow Launches Copyright Infringement Suit Against" LLM Plagiarism
Links for the day
The Register MS Has New Fake Article ("SPONSORED FEATURE") With "AI" 21 Times In It
The Register MS is one among many culprits
Gemini Links 26/08/2026: “Doomsday Clock”, Rwanda Genocide, and Boasting About Using LLMs Instead of Writing Code (Due to Employer's Pressure)
Links for the day
No Allure in Omarchy, the Political Hyenas Only Give it More Free Publicity
To me, Omarchy seems like a weak project because of the slop (an HR problem)
Twitter is Not an API or a Communication Site, It's a Really Bad Site That Forces You to be Enslaved by Its Algorithm (Amplifying Its Owner's Worldviews)
the crackdown on Nitter means we should all avoid accessing or linking to x.com (Twitter)
Don't Let Bastards and Haters Grind You Down
They say "jealousy is the sincerest form of flattery"
GNU/Linux Rose in Caribbean Islands
combined population is measured at 44,182,048
IBM's Quantum Computing Lies Explained Again by Sabine Hossenfelder
To become a CEO at IBM one must lie
Controlling Culture and Social Behaviour by Digital Locks
if you don't fully control the technology in your possession, then you're not using that technology, this technology covertly uses you
Goodbye, Dolly
This week we say "goodbye, Dolly."
Links 26/08/2026: Election Bribery (aka Vote-Buying) Deemed "OK" in the US, "Nitter is Shutting Down After a Cease and Desist Letter" by MElon
Links for the day
Analogue So Much Better and Faster
From what we can gather, the tram ticketing system does not use Windows; we never saw it crashing or rebooting (or showing some Windows logo) in decades, so we assume it runs some kind of Linux
Linux Today Dumped All Social Control Media Last December
Linux Today seems to have concluded that all Social Control Media is just a waste of time
Don't Say X.com is OK Because People Can Access It by Alternative Means
Can Mozilla please clarify who inside Mozilla greenlit a return to X.com?
The Reach of techrights.org Is Increasing
We are on the side of women victims
SLAPP Censorship - Part 162 Out of 200: An Outline of Events
An outline of events
Pushed to Live
We still have some other work - stuff related to the editing of pages - which is work in progress and has been subjected to testing for many months
GNU/Linux Measured at 10% in Germany, Based on Cloudflare
It's peaking late at night
Richard Stallman's GNU Project Began 42 Years Ago With GNU Emacs and More
GNU Project announced almost 43 years ago (next month it's the anniversary)
Fake Articles "Sponsored by HPE" Published in The Register MS
Selling proprietary products as 'alternatives' to other proprietary products
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 25, 2026
IRC logs for Tuesday, August 25, 2026
Gemini Links 26/08/2026: Journal Plans and Extending Finger Protocol
Links for the day