Bonum Certa Men Certa

Let Them Eat Patents

...as if anyone with an idea/invention can afford them.

Let Them Eat Cake Reference: Let Them Eat Cake



Summary: A reality check regarding software patents and regarding those who truly benefit from an expensive patent system with an even more expensive litigation process/proceedings

THE USPTO is cracking down on software patents. Like TTIP lobbyists, patent lawyers will never publicly admit this. It was the same in Europe while UPC hype was all the rage (before Brexit effectively killed it).



Proponents of software patents seemingly resort to unrelated cases now, such as this patent. It's about Mayo, not Alice, as it is not a software patent. The patent attorney writes "US Pat 8,586,610, administration of iloperidone; Survived 101/ Mayo Attack," once again reusing these loaded words (like "attack" and "survive", even when the "survivor" is the patent aggressor/plaintiff and the "attacker" is actually the defender/victim). Nice reversal of narrative, right? Like George Bush "defending" himself in Iraq and Ukraine "attacking" Russia...

"It was the same in Europe while UPC hype was all the rage (before Brexit effectively killed it)."Elsewhere in today's news, we learn that "Prescient has received 13 patents on its software," but software patents are pretty worthless right now. They just get invalided in the courts and the boards (and these are the ones whose holders actually believe have a chance, hence asserting them; the rest -- or the untested patents -- are likely easier to invalidate once scrutinised/challenged).

A pro-software patents site, Watchtroll, yesterday published this piece by Anthony de Andrade and Venkatesh Viswanath. It's quite a shot in the foot actually as it serves to legitimise the site's idealogical opponents. It shows that 'global' patents (applied for separately in several jurisdictions) is not for startups but for the richest people (or huge corporations). To get a patent virtually everywhere in the world (where it techncially matters) "an applicant would require $296,233 to file National Phase applications in said jurisdictions and maintain the applications" (renewal fees).

$296,233, eh?

"So much for protecting the 'little guy', eh?"For one. Single. Patent!

So much for protecting the 'little guy', eh?

This reminds us of Apple's patents in the EPO -- patents which Battistelli is totally clueless about. Remember that Apple is possibly the world's richest company (by many criteria that are commonly assessed by major publications) and watch what it's applying for now: "Apple filed for patent on unauthorized user biometric data collection system (AppleInsider) — If an “unauthorized user” (read: thief) uses an iPhone equipped with this technology, the device could capture a photo and fingerprint of the user for use by law enforcement. Not exactly rocket science to understand how this might be used by law enforcement remotely to assure a particular contact (read: target) is in possession of an iPhone, either. Keep an eye on this stuff."

The Apple advocacy sites offer spin by reinforcing the idea that it's OK because it will only be used against crime. To quote AppleInsider: "An Apple patent application published on Thursday describes a method of storing an unauthorized user's biometric information, which can help strengthen security management or assist in device recovery and criminal prosecution in the case of a theft."

"The Apple advocacy sites offer spin by reinforcing the idea that it's OK because it will only be used against crime.""Even as Apple contemplates surveillance software to catch thieves' fingerprints," IDG wrote, "it is also reportedly planning to redesign the physical elements of its devices that would make that approach possible."

As usual, being an Apple story, it was all over the news (we saw more than dozens -- perhaps hundreds -- of articles, e.g. [1, 2]) and it was all praises and cheerleading, hardly criticism, just like that time Apple patented remote disablement of a phone's camera (a 'gentler' form of kill switch that already exists).

"Apple had to spend a quarter of a million dollars getting a patent on this stupid 'idea' in every technologically-developed country, it would just be slush funds to Apple."It takes sheer disregard for privacy and human rights to do what Apple expresses a desire to do here. It's not at all innovation, just a lot of hype. If Apple had to spend a quarter of a million dollars getting a patent on this stupid 'idea' in every technologically-developed country, it would just be slush funds to Apple. Apple is suing companies (using patents) for billions. What about the mythical 'little guy'? The patent system just isn't for the 'little guy'. Maybe it was a long time ago, but not anymore. See these comments in Reddit, one of which says about patent examiners: "They probably spend a lot more time digging themselves out from under the mountain of Apple / Samsung forms."

This is, in essence, what the patent systems have turned into. To quote a comment that we mentioned yesterday (regarding the EPO), “Member States must decide very quickly if they wish to throw away more than 40 years of success, and replace it with a system that no longer rewards innovation, but instead becomes simply a tool for large corporations to dominate by means of their financial muscle.”

Recent Techrights' Posts

Linux Journal Might Have Become the Latest Slopfarm Targeting "Linux", the Trends Are Concerning for Dying News Sites
They tarnish the Web with junk and then die
On "Learning to Code"
quality may suffer, plus things get bloated
Quick Points Regarding This Week's Court Hearing
it paves the way for us to squash all the SLAPPs from Microsofters
Common Mistake: Believing Social Control Media Will Document Your Writings/Thoughts and Search Engines Like Google Will Help You Find These
Many news sites wrongly assumed that posting directly to Twitter would be acceptable
The Manchester Bees and This Hot Summer
We have had a fantastic week so far this week
Gemini Protocol Enters Its Seventh Year, Growth Has Accelerated!
Maybe in June 20 2026 there will be over 3,500 active capsules?
Mastodon and the Fediverse Have an Issue: Liability for Content (Even in Other Instances) and Costs
self-hosting is the only logical path forward
Why Microsoft and Its 'Hey Hi' (Slop) Frenzy Fail While Sinking in Deep, Growing Debt
Right now, like Twitter around the time it was sold to MElon, "open" "hey hi" is a big pile of debt with a lot to pay for that debt (interest payments)
Europe is Leaving Microsoft, the Press Coverage Isn't Sufficiently Helpful
The news is generally positive, but the press coverage leaves so much to be desired
Slopwatch: Linuxsecurity, BetaNews, and Linux Journal
slippery slope
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, June 19, 2025
IRC logs for Thursday, June 19, 2025
Gemini Links 20/06/2025: Gemini Protocol Turns 6!
Links for the day
Links 19/06/2025: Ghostwriting Scam and Fentanylware (TikTok) Buying Time
Links for the day
Microsoft's Windows is a Niche Operating System in Africa
African nations aren't a large contributor to Microsoft's income, but if many African nations move away from Windows, then the monopoly is at risk
Gemini Links 19/06/2025: Unix Primitivism, Zine Club, and Gemini Protocol Turns 6 at Midnight
Links for the day
Links 19/06/2025: WhatsApp Identified as Assassination 'Crosshairs', Patreon Now Rips Off People Even More
Links for the day
"Told You So": Another Very Large Wave of Microsoft Layoffs Now Confirmed in Mainstream Media
So we were right to believe the rumours, based on the credibility of prior such rumours
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, June 18, 2025
IRC logs for Wednesday, June 18, 2025
Gemini Links 18/06/2025: Magit and Farming
Links for the day
Slopwatch: BetaNews is Now a Slopfarm (Like Linuxsecurity) and Google News is Overwhelmed by Slopfarms
The Web is bad
Links 18/06/2025: SCOTUS Decision on Fentanylware (TikTok) Still Ignored, 4.5-Day Work Weeks
Links for the day
Links 17/06/2025: Windows TCO and G7 Rifts
Links for the day
The Right to Know and the Freedom to Report on Crime (at the Higher Echelons)
I'd like to do the same thing for the next 20 years
BetaNews Appears to Have Fired All Of Its Staff
Even serial sloppers
After the Web Becomes Slopped to Death
A lot of people are rightly fed up with the "modern" Web
Gemini Protocol Turns 6 on Friday
Active (online) Gemini capsules are estimated by Lupa at over 3,000
Like Most Social Control Media, Microsoft LinkedIn is Collapsing
One reason for Microsoft acquisitions is debt-loading, i.e. offloading and burying its debt
Microsoft is Losing Its Richest Clients
Unlike some very poor countries, Germany and the EU are a considerable source of income to Microsoft
Proprietary Means Not Secure
Proprietary software tends to rely on secrecy, not good design
Slop in 'AI' Clothing is a Passing Fad, We'll Get Past It (Like Blockchain Before That)
Many people cheat in exams using slop and there are professionals that try using slop as a "shortcut"
GNOME Does Not Campaign Against Microsoft, KDE Does
It's good to see that KDE is still active in promotion of Free software - a term that it uses
Slopwatch: BetaNews, Linuxsecurity, and Other Prolific Slopfarms
name and shame the sites that establish such proliferation of slop
Gemini Links 18/06/2025: Birch Lake and Loon Pond
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 17, 2025
IRC logs for Tuesday, June 17, 2025