Bonum Certa Men Certa

Patent Microcosm, Patent Media and Patent Office: “It's a Big Club and You Ain't in It”

To use the famous saying from George Carlin

Great Seal of the United States



Summary: When the national patent law is constructed behind closed doors by a cabal of lawyers and few opportunists who attempt to justify their own existence rather than represent the innovators who they claim to be "protecting"

THE world has plenty of conflicting interests. The war industry, for instance, has a tremendous leverage over foreign policy. This would probably surprise nobody, but the same is true at the USPTO and the patent 'industry'. Just look at their echo chamber-type events. Nowadays, it's almost an accident if an actual engineer has a say on the subjects debated (sometimes they let some lawyer of massive corporations have a say).



What about judges? Well, they too are typically former lawyers.

And watch how Dennis Crouch categorises them (just before the weekend): "Chief Judge Prost, Judge Taranto and Judge Hughes – would not be identified as overly pro-patentee."

Well, as if they fall into a category. At least he didn't use a term like "anti-patents" or "anti-innovation" as Watchtroll likely would. Watchtroll has already called for the firing of one of their colleagues. Here is what Crouch wrote:

On appeal, the Federal Circuit has vacated the injunction – holding that the district court made reversible errors with regard to written description and enablement. Before walking through the decision, I’ll note here that the Federal Circuit panel here – made up of Chief Judge Prost, Judge Taranto and Judge Hughes – would not be identified as overly pro-patentee.


The problem is that many people read sites like the above, as well as Watchtroll. They wrongly assume there's insight there because of the profession, often forgetting that this profession attempts to perpetuate if not expand itself. So the bias is dyed in the wool.

Days ago Watchtroll was reposting that old press release that said "Bednarek began his career in the early 1980s as patent examiner at the U.S. Patent and Trademark Office, examining some of the first software patents granted by the agency."

He is moving from public to private, just like the crooked David Kappos. We wrote about it exactly a week ago. Nowadays software patents are no longer recognised by courts, but the USPTO continues to grant these. PTAB, which is run by David Ruschke, knows all about Alice, but he too will be lobbied in another echo chamber-type event of IAM, according to this blog post from a few days ago. Does he know who is funding IAM? Does he really want to be associated with that? Also in that event there will be the person behind the STRONGER Patents Act -- a bill which strives to do the very opposite of making patents stronger. It could be renamed the Patent Trolling Act. To quote IAM: "Among the outstanding faculty members are: Senator Chris Coons, co-sponsor of the STRONGER Patents Act introduced into the Senate earlier this year; Joseph Matal, acting head of the US Patent and Trademark Office; and David Ruschke, chief judge of the Patent Trial and Appeal Board. They will be joining a number of other high-profile figures from the US patent community..."

The term "US patent community" just means the patent microcosm.

As we said a long time ago, IAM is in the business of lobbying and we know who it's lobbying for; just follow the money.

Herein lies the key point. The media that covers patents, the patent 'industry' and the branch of government that deals with patents are all in the same bed. Their goal -- unlike courts' goal -- is to just throw patents at everything. It cannot go on like this. That's like putting companies that manufacture bombs in charge of foreign policy; obviously they would initiate war at any opportunity.

This is a real problem that more people ought to be speaking about. Such an incestuous relationship reveals disturbing lack of separation, maybe even collusion.

The other day IAM spoke to some law firms about patent policy. Here is what one firm from Malaysia said about software patents:

To what extent can inventions covering software or computer-implemented inventions be patented?

It is possible to protect software-related inventions in Malaysia, provided that these meet the statutory definition of an ‘invention’ (ie, an idea that solves a technical problem). Data processing which involves no technical effect or advance does not constitute a patentable invention. Software inventions which are construed as business methods are not patentable, as business methods are excluded from patentability.

According to MyIPO’s patent examination guidelines, claims directed to a computer program per se or a computer program embodied on a carrier, regardless of its content, are not allowed. A computer program may be patentable if the claimed subject matter makes a technical contribution to the art (eg, program-controlled machines or program-controlled manufacturing processes).


According to this, the rules in Malaysia are somewhat similar to what happens in the EPO. The End Software Patents (ESP) campaign said (back in 2010) that "Malaysia Section 13(1)(a) of the Malaysian Patents Act 1983 excludes from patentable subject matter "discoveries, scientific theories and mathematical methods" and paragraph (c) excludes "schemes, rules or methods for doing business, performing purely mental acts or playing games"."

As we showed many times before, national policies on patents (in various patent offices) are often put together by the patent 'industry' and are influenced by their lobbyists. As soon as public officials find out about public views (the stance of those impacted by these laws) they correct these laws, as Australia recently did.

Recent Techrights' Posts

Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Another Wave of Microsoft Layoffs Comes Shortly. Microsoft Propaganda Sites and Slopforms Powered by Microsoft LLMs Already Spew Out Face-Saving Nonsense.
Based on last month's leak, some very extensive layoffs are now imminent [...] Perhaps we can expect a lot of noise, some of it spewed out by bots, to distract from or belittle the impending mass layoffs
Ubuntu Becomes Microsoft GitHub, Based on Decision Made by British Army Officer
You're hopeless, Canonical
 
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025
Microsoft Finally Admits That XBox is ****
In this case, "enshittification" is an understatement
Slopwatch: Microsoft Slop, Anti-Linux Slop, and IBM Marketing Itself as a Slop Company
Microsoft-controlled LLM spewing out garbage about "Linux"
Links 06/05/2025: Microsoft's Assassination of Skype After Years of Failure, Slop Hallucinations Are Getting Worse
Links for the day
Links 06/05/2025: Changing Places and StarGrid for PalmOS
Links for the day
Windows and Microsoft Causing Serious Data Breaches, Media Rushes to Blame That on "Linux" Somehow
While selling us some rusty old propaganda about how moving to Microsoft GitHub (Rust) will improve security
Making Site Archives More Easily Accessible (Approaching 50,000 Blog Posts)
Efforts to censor us have always backfired badly
Weaponisation of For-Profit Dockets - Part II: Hiding Behind Lawyers and Barristers Who Lack Standards so as to Engage in Classic Corporate Extortion
They're trying to scare people and they misuse their licence to operate
Links 06/05/2025: LLMs/Chatbots Attract More Scrutiny (Getting Worse Over Time), PwC Has Many Layoffs
Links for the day
Thanks for listening. How can this Morse feed be further improved?
Right now any and all feedback on the audio would be helpful
statCounter: Bing's Market Share Lower Right Now Than It Was When LLM Hype Began (With "Bing Chat")
If anybody gains at Google's expense in search, it is BRICS' alternatives such as Yandex
Gemini Links 06/05/2025: Failure and Proxmox Cluster
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 05, 2025
IRC logs for Monday, May 05, 2025
Weaponisation of For-Profit Dockets - Part I: Hiding Behind Lawyers (or Guns for Hire) After Abusing Many People and Even Strangling Women While Microsoft Paid Salaries
This whole thing is very typical of the Microsoft and Bill Gates mindset
From EPO to "MAGA Regime": A Shift Away From Reality to Fake News and False Metrics
Disbelief in itself isn't a bad thing; but the problem is that people are taught to believe rich people in suits more than they believe others
Skype is Officially Dead Today and This is Why People Should Use Free Software Instead (Goodbye, Microsoft)
It's also a good reminder of why people should move to GNU/Linux
'Simple Articles' in MyGemini Just One of Many New 'Sites' in Geminispace
Geminispace has grown fast lately; it's turning 6 next month
Links 05/05/2025: TikTok Still a Romanian Woe/Foe, Signal Perils Showing
Links for the day
Gemini Links 05/05/2025: Debian and GNOME and a "Welcome to Simple Articles"
Links for the day
Links 05/05/2025: US Economy Shrinks, US Presidency Spreading Deepfakes
Links for the day
Links 05/05/2025: Breaches, Environment, and Conflicts
Links for the day
SUSE the Company Now Uses LLM Slop to 'Write' Its Blog, What Does That Tell Us About SUSE?
There are many giveaways
Richard Stallman is in Alicante Today to Give a Talk, Czech Republic in Two Days (Wednesday)
Of course he can deliver the talk in Spanish
Gemini Links 05/05/2025: XL Bullies and Luddites
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 04, 2025
IRC logs for Sunday, May 04, 2025