Bonum Certa Men Certa

Media Hostility Towards Patent Reform in the US, Software Patents on the Chopping Block

Remember that the EPO, a serial corrupter of the media, paid the Financial Times for puff pieces, e.g. regarding the UPC [1, 2]

Financial Times on patents
Contrary to the headline, Rana Foroohar advocates a worse US patent system



Summary: In spite of growing levels of productivity (or so-called 'innovation') after Alice, PTAB etc. voices of litigation -- not reason -- try to push things back to the golden era of patent trolls

"Abetter US patent system will spur innovation," says a new headline from the Financial Times this weekend (behind paywall, use Google cache to bypass it). The title is very misleading. One may be tempted to think that it's pro-innovation, but it's actually pro-patent maximalism. It states that some "companies have business models that are very different from, say, life sciences companies or small software suppliers that depend on one or two patents. The iPhone, for example, incorporates technologies involving thousands of patents."



Many of these are hardware, design and software patents. And prices of phones have been artificially inflated, so some are incredibly expensive. Priced out of reach to most.

Here are some portions from Rana Foroohar's article, which is an attack on the status quo and a faint praise for corrupt people like Randall Rader (anti-PTAB, pro-trolls, pro-software patents) and officials-turned-lobbyists like David Kappos:

A number of companies began lobbying for even more anti-patent legislation. A worried Mr Kappos pushed back, but was eventually replaced by Michelle Lee — Google’s own former head of patent strategy. In recent years, the PTAB has become a “powerful shield” for those accused of patent infringement, leading former chief judge Randall Rader, who led the court in charge of patent appeals, to label it the “death squad” for IP.

Pushing back on patents has been great for Big Tech, which of course has its own IP to protect, but increasingly monetises data and IP created by others. But the US software supply chain, as well as life sciences, have been collateral damage. While the complexity of global business makes it tough to show clear causality between lax patent protection and the loss of innovation and jobs in the US, the trend lines do not look good. According to one study, the shifts in patent regulation have cost the US economy $1tn. Venture capital money into biotech is sharply down from 2015 to 2016.

Anecdotally many investors say they are considering moving money away from the US, towards Europe and Asia. That is worrisome, since these are exactly the kind of highly skilled jobs that the US should be looking to keep.

Still, the pendulum may be about to shift again. The Trump administration has nominated Andrei Iancu, an LA-based lawyer who has worked with clients in both pharma and Big Tech, to be head of the USPTO. The US Supreme Court will also soon hear a case questioning the legality of the entire non-court patent adjudication system.

It will be a chance for lawmakers to think about exactly what kind of digital ecosystem they want to create.


Foroohar went on to pushing the "China!" nonsense too. Like a megaphone of patent extremists.

"...now that the US Supreme Court €§ 101 is used to invalidate software patents every single week if not every single day it is getting difficult to deny a post-software patents reality in the US."What about software patents?

Well, Jeffrey Rowe, who says he "has more than 40 years of experience in all aspects of industrial design," wrote about the subject of software patents in the context of the USPTO. Having added Torvalds and Stallman videos to his article, he said this just before the weekend:

A couple years ago I got into a pretty heated discussion with a staffer from an engineering software company about whether software patents were still relevant (or is they ever were to begin with).

While proponents (usually with deep pockets) have touted their benefits, software patents have also been used in the software industry to suppress innovation, kill competition, generate undeserved royalties, and make patent attorneys rich. So I’ll ask again, are software patents still relevant?

It’s no secret that the engineering software business is extremely competitive, as it always has been. Without naming names, the engineering software business has also proven to be a very fertile and lucrative ground for lawsuits regarding patent infringement, reverse engineering, and outright copying and pasting blocks of code.


The latter thing is already covered by copyright law.

Incidentally, now that the US Supreme Court €§ 101 is used to invalidate software patents every single week if not every single day it is getting difficult to deny a post-software patents reality in the US.

Steve Lundberg, a longtime proponent of software patents (no, he doesn't write any software), will not cover all those cases wherein software patents collapse. Cherry-picking suits him better and the other day he covered a District Court case where a software patent remained in tact: [via Bastian Best]

The court denied defendant’s motion to dismiss on the ground that plaintiff’s network gaming patents encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea.


If appealed upwards to the Court of Appeals for the Federal Circuit (CAFC), or even further up to the US Supreme Court, there's just about zero chance this patent will be upheld. But justice boils down to money in such a system, wherein patents are granted so easily and removing them is an expensive, laborious process which places all the burden on the defendant.

Want the "US patent system" to "spur innovation"? Then put an end to patent maximalism. Australia has done just that, having properly studied the subject (effects of patents on productivity).

Recent Techrights' Posts

Confirmed in French Media: Mass Layoffs (10% Culled) in Microsoft France
Now some reports in French
Microsoft in Freefall in Finland
Can Finland eradicate Windows from all its infrastructure, including core operations that are sensitive to sabotage by cracking?
Google's Chrome Passes 70% and Web Standards Are Dying
The Web is quickly becoming devoid of any standards
Slopwatch: Plagiarism and Ponzi Scheme, Bubble About to Burst Entirely, Admits Goldman Sachs
the hype that Google News and The Register MS actively participate and profit from
The Register MS Says "AI Web Crawlers Are Destroying Websites", So Why Does The Register MS Help 'AI' Companies? (Spoiler: Money)
People need to call out The Register MS on its hypocrisy
Slopfarms Already Peaked, They Will Die When Slop Companies Run Out of Money to Borrow
slopfarms will lack an actual "engine"
Why We Publish Information About the SLAPPs (But Not About the Legal Process), an Abuse of Process by Americans Trying to Silence Critics of Their Employer, Microsoft
It doesn't take thousands of pages to explain something simple
 
Links 02/09/2025: Oligarch Tech and Text Encoding Concerns in Ada
Links for the day
"Internal Changes at Red Hat / IBM"
It seems like quite a few people are leaving
"People on LinkedIn Saying That They've Left Red Hat."
We already saw signs of it a month ago and named some of the people
Gone With the BRICs (or BRICS): "Linux 8" in Cuba
GAFAM must be worried
Telecompaper Reports Microsoft to Reduce the Workforce by Another 10% (in France)
Imagine what this will do to staff's morale
India is Back to Windows 8 (Market Share Down to 8%) as Android Soars to a New Record High
For Microsoft, India is a runaway market
Links 02/09/2025: SCO Summit and Russia Suspected Of Jamming GPS
Links for the day
Gemini Links 02/09/2025: Mediterranean Marriage and Staying Connected at 35,000 Feet
Links for the day
Links 02/09/2025: Attacks on Unions, Microsoft TCO, and DDoSing a Growing Problem
Links for the day
Internet Relay Chat Didn't Fall Off a Cliff
IRC will turn 40 in less than 3 years from now
The UEFI 9/11 - Part V - This is Not a Drill (Disable "SecureBoot" Now)
A "9/11" Coming
There's No Obligation to Speak to Anybody
The very fact that "bkuhn" is till spending time in social control media says a lot about his poor judgment
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 01, 2025
IRC logs for Monday, September 01, 2025
Microsoft Trying to Force People to Resign (Amid Mass Layoffs) a Strategy That Takes Its Toll
Microsoft seems to be circling down the drain and the "final flush" will be the moment the "hey hi" (AI) bubble implodes completely
Google Simply Cannot Be Trusted
Only fools would trust GAFAM
Admission That a Third Party (or Parties) Funds the SLAPPs Against Techrights
This can end up costing them over a million dollars
Modifying and Writing One's Own Computer Programs is Not a Crime (or: Google Proves That Stallman Was Right)
We're generally gratified to see so many positive mentions of him
Why We Stopped Publishing Videos (for Now)
We'll probably get back to videos one day, but it's hard to say when or to what extent
What Animal Rights Activism Teaches Us About Sympathy and Focus
It's possible to believe that the planet is warming, that we must do something about it, and still eat eggs and butter
When You Turn Web Sites About Tech Into Political Sites
A lot of people fall into the trap of catering only for particular groups
Gemini Links 02/09/2025: ROOPHLOCH 2025 and Lagrange 1.19 Released
Links for the day
Gemini Links 01/09/2025: News Corp. WSJ and A Month With NixOS
Links for the day
“Sideloading” Never Killed Anybody
There are many online discussions this week about the misnomer "sideloading"
Slopwatch: Google News as FUD Vector Against Linux and Plagiarism Enhancer, Serial Slopper (SS) Uses LLMs to Googlebomb "Linux"
Slop destroys the Web not just by screwing with search engines and helping plagiarists. It's also responsible for de facto DDoS attacks...
Links 01/09/2025: "Attacks on Science" and China's "Soft Power" Grows
Links for the day
Links 01/09/2025: Fresh Backlash Against Slop and "Norway’s Electricity Crisis is About to Hit Britain"
Links for the day
Writing and Coding Isn't Always Enough
Last year we had to assume a role we didn't have before: litigants
Links 01/09/2025: Catching Up (Mostly via Deutsche Welle), "Windows TCO" Effect in UK
Links for the day
Gemini Links 01/09/2025: Linguistic Barriers and "Web 1.0 Hosting"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 31, 2025
IRC logs for Sunday, August 31, 2025
Autumn Has Come
Autumn should be exciting in all sorts of ways; it'll also mark our anniversary
The UEFI 9/11 - Part IV - External Interference
They all seem to be playing a role in crushing Software Freedom and self-determination for users
Links 31/08/2025: Baggage Claim Scams, an Insurrectionist’s War on Culture, and a Sudden Robotics Hype
Links for the day
Gemini Links 31/08/2025: Reviewing Netsurf and Slightly Less Historic Ada Design
Links for the day
IBM Has Taken Control of GNOME
Don't expect a successor to be found any time soon
Links 31/08/2025: Google Gmail Data Breach and LF Puff Pieces for Pay
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 30, 2025
IRC logs for Saturday, August 30, 2025
This is What Google News Has Become
Moments ago