Bonum Certa Men Certa

Pushers of Software Patents Outside the United States (Which is Belatedly Squashing These Patents)

Speaking for their wallets (profit motive), misleading the public

DEA profit motive Like the military-industrial complex and surveillance/enforcement in the age of drug wars, patent lawyers profit from endless feuds



Summary: How patent law firms are distorting the debate about software patents in hope of attracting business from gullible people who misunderstand the harsh (and worsening) reality of software patenting

Software patents should not exist in the EPO and the USPTO too is gradually cracking down on these, especially because of the US Supreme Court. It does not mean that patent law firms will take this defeat without a fightback.



Elaine Bergenthuin, "owner and managing partner of De Beer Attorneys" by her own description, has just got published this self-promotional puff piece in the South African media. It appeared there this morning and it's not a good article, it's more like marketing. "You cannot generally obtain patents for software in South Africa," the article correctly states (see our Wiki page "Software Patents in South Africa"), but Bergenthuin is then finding some loopholes and promoting these, as if to say, "come to me, I'll help you get software patents by working around the law."

"Software developers don't bother trying to get software patents in India, but patent law firms mislead them."This is very typical. The press is full of this marketing spam. The local press all over the world has been reduced to advertisements in 'article' form.

Here is an example from India which is only days old. Software developers don't bother trying to get software patents in India, but patent law firms mislead them. They have nothing to lose; the lawyers always get paid (irrespective of success rate), and it's clear at whose expense.

Watch another new example that we found in the Indian press a couple of days ago. It speaks of some who "hold only a handful of patents and that too on software related to audio and keyboards." So these are software patents. Why bother?

A site that's preoccupied with promotion of software patents published one week ago an article titled "Hop on the Patent Prosecution Highway (PPH) via Australia". One can guess who wrote it and it says: "While Australia isn’t usually considered a very important market since its population is so small and its manufacturing base is limited, it is our experience that there are a few US companies realising that prosecuting in Australia to use the PPH back into the US makes sense. There is always the option of filing in Australia first and using an Australian patent application as the priority application. However, one would need a foreign filing license from the US before doing so. A strategy could be to file a provisional in the US, receive the foreign filing license, and then file a standard (utility) application in Australia to take advantage of the expedited examination process at IP Australia to hop onto the Patent Prosecution Highway via Australia."

"The press is full of this marketing spam. The local press all over the world has been reduced to advertisements in 'article' form."Well, "prosecuting in Australia to use the PPH back into the US makes sense" only if software patents were actually potent there. They're not. So once again we can see bad advice being given by the patent microcosm. What happened to journalism? Well, this isn't journalism, it's marketing. We recently wrote about the Patent Prosecution Highway (PPH) in relation to Australia, noting that the EPO -- not just the USPTO -- embraces these under Battistelli (even in rather dubious places with hardly any patents). The EPO is totally out of control when it comes to patent scope and it probably breaks the rules of the EPC when it comes to that. There is still a discussion about how this has been made possible in the first place. One person asks: "Has anything in the PPI, which must be done by the EPOff or the EPOrg, ever been done? I am thinking of the relations with the work-rules regulating organs of the host countries (Arbeitsinspectie, Gewerbeaufsicht,...)"

Well, Battistelli is "instructing the staff to sidestep part of the EPC," one person responded. Here is the comment in full: "Yes, but what would the dispute be? According to 23(1) above, doesn't it only arise if immunity has been claimed? Not sure that BB instructing the staff to sidestep part of the EPC would fall within that. He wouldn't claim immunity (from what?) - he's just doing his job."

We worry that the EPO, especially under Battistelli, is now cooperating with the patent microcosm and just abandoning patent quality control (improving the "success" rate of patent law firms). See this new 'article' titled "Patents in Denmark". "In general," it says, "software as such is not patentable (Section 1(2) of the Patents Act). However, it is possible to patent software as part of a patent whose subject matter is a process. Further, software is patentable if it has the potential to bring about, when run on a computer, a further technical effect which goes beyond the normal physical interactions between the program and the computer."

"There are only (formally) software patents in the US (maybe in Japan as well), but they're being used by foreign entities outside the United States."Actually, these are dubious claims that rely on Brimelow sidestepping the EPC. Things have become even worse in German courts and the German patent office. Here is a new example of software patents for German company in the United States. These patents have been weaponised and "[a]ccording to the complaint, the asserted patents generally relate to industrial control systems that employ advanced software to program, run, and visualize industrial control processes. In particular, the ‘226 patent relates to interfaces for connecting a computer to devices on multiple industrial control networks so that data may be communicated across the different industrial control networks to and from an application program running on the computer."

These are software patents from the US. There are only (formally) software patents in the US (maybe in Japan as well), but they're being used by foreign entities outside the United States. We sure hope that people will come to grips with the corrupting influence of patent law firms in this debate and also acknowledge that software patents bring nothing but negatives to society; they're good only to patent lawyers and patent offices where the goal is to increase so-called 'production' as measured in terms of the number of granted patents.

Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024