Bonum Certa Men Certa

Software Patents Help Neither Software Developers Nor Society in General. It's Time to Bury Them All.

"Patentism" is like a religion, explained the likes of Pieter Hintjens (software developers)

Pieter HintjensSummary: The idea that patents for the sake of patents (or increasing the overall number of patents) is somehow beneficial to everything these patents touch is misguided and detrimental not only to practitioners but also to the public whose work contributes to

THE software development community -- be it proprietary or Free software developers -- rejects software patents. Just ask almost any software developer (not the same as some CEO of a software company or someone from its legal department).



Myself, as a software developer, can honestly say that I've never come across a single software developer who defends software patents. Ever!

"Myself, as a software developer, can honestly say that I've never come across a single software developer who defends software patents."Patents in their own right don't promote innovation. They can, in some cases, protect inventors from blatantly obvious ripoffs, but that depends on the area/discipline of that invention/discovery.

Timothy B. Lee, a longtime opponent of software patents (he wrote many articles on that subject), published "Patent disputes stand in the way of radically safer table saws" a few days ago. The headline has been changed since (probably the editor decided to 'botch' it), but the contents of the article are still the same:

In 2015, 4,700 people in the US lost a finger or other body part to table-saw incidents. Most of those injuries didn't have to happen, thanks to technology invented in 1999 by entrepreneur Stephen Gass. By giving his blade a slight electric charge, his saw is able to detect contact with a human hand and stop spinning in a few milliseconds. A widely circulated video shows a test on a hot dog that leaves the wiener unscathed.

[...]

Beyond a possible CPSC mandate, the other big danger facing table-saw manufacturers who don't adopt the new technology is product-liability lawsuits.

Before the invention of the SawStop technology, power-tool makers could argue that table saws were just an inherently dangerous product, and customers accepted the risk when they chose to buy and operate them. But now that technology like SawStop exists, plaintiffs have begun to argue that the absence of the technology constitutes a dangerous design defect.

A Massachusetts plaintiff won a lawsuit with this argument in 2010. There have been others since then, including one in Illinois in 2014 and another in Pennsylvania in 2017.


There are similar kinds of patents whose net effect is the death of many people, especially poor people. The same is true for some so-called 'green' patents (the EPO likes to boast about these for greenwashing purposes), which give a monopoly on environmentally-friendly approaches rather than actively encourage these approaches (dissemination of knowledge and permissive paradigms). Let this remind us that patents in their own right are not necessarily desirable. It's a case-by-case thing, typically depending on the problem's domain.

"The USPTO continues to grant software patents, but a lot of these -- at least those that get tested outside the USPTO -- get invalidated."That brings us to this new press release, which speaks of "patent-protected software" even though such a concept is hardly enforceable by courts anymore. US courts are not tolerating software patents (or barely find merit in these). And sure, even though US courts are trashing a lot of US patents the USPTO continues granting them by the truckloads (Patently-O has just projected another record high). It's not as though real, actual innovation magically doubled in a decade or two, right? It's just that "patentism" has become like somewhat of a religion whose core value is, "if we grant more patents, we'll be in a position of advantage" (rather than a trolling Armageddon). This new article from Ireland (found last night) speaks of software patents that are truly hurting Irish software companies. What good is that for the Irish economy?

Hopefully, if it's not too late, software patents in Europe can be stopped (no more grants) and revoked (invalidating existing ones). The USPTO continues to grant software patents, but a lot of these -- at least those that get tested outside the USPTO -- get invalidated. A simple extrapolation would say that perhaps hundreds of thousands of US patents are therefore zombies (or "dead men walking").

"The USPTO, as we have been saying a lot over the past few weeks, should simply stop granting software patents."Suffice to say, the patent microcosm is not happy about this. Today in The National Law Review there's this ridiculous article from Steven Lundberg, a self-serving software patents lobbyist and patent profiteer (he created nothing, except a blog that promotes software patents). He speaks of that laughable 'protest' we mentioned yesterday and says this: "One of the great oddities of the U.S. patent system is the relative ease with which the rules allow a duly examined patent to be cancelled by the PTAB. [...] I am hoping that in the future a better job can be done in examining a patent in the first place so that there isn’t arguably a “double standard” for patentability – the everyday examination standard used to examine patents prior to issuance, and the PTAB standard. It would be far better to not issue a patent in the first place, then to issue it and then have a change of heart later, after millions of dollars have been invested in the assumption the patent is valid, at least in the eyes of the USPTO."

We can agree with that to a degree. The USPTO, as we have been saying a lot over the past few weeks, should simply stop granting software patents. Otherwise, the perceived legitimacy of US patents will fall so sharply that the Office will implode (like the EPO right now, where patent applications are declining in number).

Recent Techrights' Posts

All-Time Lows for Windows in Spain and Portugal
data which became publicly available less than 24 hours ago in statCounter
 
Links 03/05/2026: Insolvent US Bailing Out Google, Microsoft, Amazon, Nvidia, Oracle, OpenAI, and SpaceX
Links for the day
SLAPP Censorship - Part 65 Out of 200: Graveley and Garrett Claims Are Word-by-Word Similar (They Also Collaborated All Along)
We'll keep it short today
IBM Has a Long and Rich History of Showing Chatbots Bear No Business Prospects (From Jeopardy to Watson Healthcare and McDonalds)
Watson Healthcare is already in the dustpan, so they are rebranding it again
Europe Decoupling is Bad News for GAFAM, Especially Bad to Microsoft
Countries want independence
India Needs to Recognise That the World Wide Web is Monoculture in India
In the US, a judge with Indian roots dealt with a case related to this; why won't India?
All-Time Lows for Windows Down Under
seeing the demise of Windows in Australia (historically a slow or low adopter of GNU/Linux) is good news
Linux Kernel Tainted by Software Patents That Make Linux Worse and the 'Linux' Foundation is Compiling Bribes to Enable This (Promotion of Monopolies and Tolerance of Software Patenting)
Why you need to reboot when a serious bug is found in Linux? "Licencing"...
IBM's Kyndryl Accounting Fraud Explained and More Recently the Insiders Talk About Mass Layoffs
Judging by how the media totally ignored 800+ layoffs at IBM's Confluent and 400+ layoffs at Red Hat a few weeks ago don't expect to hear anything about Kyndryl layoffs
Links 03/05/2026: Water Shortages Crises and Slop Fakes "Are Coming for Your Bank Account" (Slop-Enabled Fraud)
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XI - EPO 'Products' to Cement Asian and American Monopolies
Only a fool would believe Lame Duck Campinos
Microsoft Windows Falls Below 9% in South Africa
As one can expect, GNU/Linux is measured as going up in France
Gemini Links 03/05/2026: The Black Side of the Web, LiveJournal, Chimarrão
Links for the day
A Month Since Mass Layoffs at Red Hat (400+ Engineers Laid Off), The Media Didn't Cover It
We are very concerned about the state of the media
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 02, 2026
IRC logs for Saturday, May 02, 2026
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt