Bonum Certa Men Certa

Correcting Bias in Patent Law Firms' Articles About Software Patents, Advice to Small Businesses, and Letting Machines Generate Patents

Those who profit from war aspire to see more of it (the more, the merrier) and the same goes for patenting

War is a racket
Reference: War Is A Racket



Summary: Patent profiteers continue to mislead the public, even small and cash-strapped businesses, about patents, in an effort to get more and more patents out there, yielding wars (litigation), saturation of weapons (too many patents to keep track of without some dedicated attorneys), and a generally terrible system which rewards aggressors, not innovators that are genuinely productive (construction as opposed to destruction of perceived rivals)

This morning we spotted a very misleading headline, courtesy of Luciano Ricondo from Ladas & Parry LLP. Software patents are not patent-eligible anymore (or hardly so, even if the USPTO accepts them before they reach a high enough court that tosses them out), but this article is just the typical listing of very exceptional cases where CAFC somehow accepted a software patent or two (an appeal can still have these invalidated). Why are we still seeing such articles? Just look who the authors are, they try to sell their services.



A corporate partner at Kemp Little currently sells snake oil, including patents, to cash-limited SMEs that ought to focus on producing and selling products, not reading and producing paperwork. Andy Moseby called this "legal advice for small businesses", but it seems more like shameless self-promotion that would have small businesses pay a lot of money for lawyers (to receive bad advice that then necessitates more of these lawyers).

"In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway)."Secrecy rather than patents may work better sometimes and considering the breadth of patents out there, it's more likely that a small company will get sued (or extorted by a patent troll) than be in a position to sue some other company using a patent or two. It's just expensive and risky. In fact, this new article from Asterion Inc (US) stresses "the advantages of trade secret litigation," highlighting it as a better option than patent litigation. In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway).

The discussion about software patents in New Zealand, a common ground for lobbyists of firms like IBM and Microsoft, seems to be back with this report about "[p]ossible changes to NZ divisional patent practice". We haven't quite heard of it elsewhere, but thankfully, as far as are aware, the country has no software patents or a trolls epidemic -- something which there's a growing number of instances of in Europe (thanks, EPO!) and fewer in the US, owing to much-needed changes at the USPTO.

"The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation."A subject which we mentioned not too long ago was the use of machines not only to examine patents but also generate and file patents. A bunch of computers generating patents to be examined by other computers would result in billions of crappy patents that only computers can process (and make no sense of anyway). A Web site called Futurism has just published an article about that ("When an AI Invents Something, It Should be Credited as the Inventor"). Well, patents are a dime a dozen now (low quality), with about 10 million of them in the US alone, so machines are already needed to deal with the chaos/maze, based on this new article from Innography Inc (US). We need stop patent maximalism because it renders the whole patent system too chaotic for people to keep abreast of (even just in their own field/domain) and it leads to a lot of litigation, patent thickets, etc. Maybe one day there will be a proportion of patents that is computer-generated and people won't be able to distinguish these from 'real' patents crafted by actual humans. Then, other issues may crop up, for instance the existence (or inexistence) of an actual investor. Today there's this new article which says: "Normally, if Client A and Lawyer A have a confidential communication, disclosure of it to a third party waives any privilege. However, if Client A and the third party have a “common interest,” there is no waiver. So, for example, if a licensor communicates with patent prosecution counsel for the licensee about prosecution of a foreign counterpart of the licensed patent, there might be a privilege."

A system wherein there's just a bunch of machines talking to one another would completely distort the very notion of innovation. What would be the point of such a system?

The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation. Only a clueless, antiscientific, deranged individual like Battistelli would make quantity rather than quality the primary goal, while at the same time pondering (allegedly) replacing examiners with machines or giving up examination altogether (so any machine can automatically generate as many patents as it's capable, even if it's all gobbledygook).

Recent Techrights' Posts

Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day
Links 20/12/2024: Security Patches, Openwashing by Open Source Initiative, Prison Sentence for Bitcoin Charlatan and Fraud
Links for the day
Another Terrible Month for Microsoft in Web Servers
Consistent downward curve
LLM Slop Disguised as Journalism: The Latest Threat to the Web
A lot of it is to do with proprietary GitHub, i.e. Microsoft
Gemini Links 20/12/2024: Regulation and Implementing Graphics
Links for the day
Links 20/12/2024: Windows Breaks Itself, Mass Layoffs Coming to Google Again (Big Wave)
Links for the day
Microsoft: "Upgrade" to Vista 11 Today, We'll Brick Your Audio and You Cannot Prevent This
Windows Update is obligatory, so...
The Unspeakable National Security Threat: Plasticwares as the New Industrial Standard
Made to last or made to be as cheap as possible? Meritocracy or industrial rat races are everywhere now.
Microsoft's All-Time Lows in Macao and Hong Kong
Microsoft is having a hard time in China, not only for political reasons
[Meme] "It Was Like a Nuclear Winter"
This won't happen again, will it?
If You Know That Hey Hi (AI) is Hype, Then Stop Participating in It
bogus narrative of "Hey Hi (AI) arms race" and "era/age of Hey Hi" and "Hey Hi Revolution"
Bangladesh (Population Close to 200 Million) Sees Highest GNU/Linux Adoption Levels Ever
Microsoft barely has a grip on this country. It used to.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 19, 2024
IRC logs for Thursday, December 19, 2024