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

IBM Sends Money to Microsoft
Red Hat basically helps sponsor the company that's a attacking our community
When the Cancer 'Metastasises'
We had a red flag
Attacks on the EPC: Reality and Fiction
EPO leaks
 
Gemini Links 02/03/2024: NixOS on GPD, Meson Woes
Links for the day
statCounter March 2024 Statistics (Preliminary)
Notice Asia
Links 02/03/2024: More Lawsuits Against Microsoft, Facebook Killing Hard-To-Find News
Links for the day
ZDNet (Red Ventures) Works for Microsoft (Redmond), Many Of Its Pages Are Spam/Advertisements Paid for by Microsoft
Here is the "smoking gun"
Wikipedia Demotes CNET Due to Chatbot-Generated Spew as 'Articles'; It Should Do the Same to ZDNet (Also Red Ventures, Also Microsoft Propaganda)
Redmond Ventures?
The Direction WordPress (GPL) Has Taken is an Embarrassment
it comes with strings attached
March in Techrights (EPO Litigation and More)
One theme we'll explore a lot when it comes to GNU/Linux is the extent to which communities truly serve communities
Don't Forget to Also Follow Tux Machines
We've split the material
Yandex Usage Has Surged Since the Invasion of Ukraine, Microsoft Fell to 0.7% (It Was 1.7% Before the 'Bing Chat' Hype Campaign)
In Soviet Russia, Bing searches user
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 01, 2024
IRC logs for Friday, March 01, 2024
Sellout Completed: Linux Foundation Converging With the Gates Foundation
not a joke
Hitler Rants Parodies on Steve Ballmer
Parody created using clips from Downfall (Der Untergang)
With Windows This Low (27% of the "OS" Market), Steve Ballmer Would Have Thrown Another Chair
The media produced many puff pieces about Nadella at 10 (as CEO), but what has he done for Windows? Nothing.
[Meme] The Naked President
EPO Suffers From Shrinkage
Understanding Cardinal George Pell prosecution, Institutional abuse & Debian cybertorture
Reprinted with permission from Daniel Pocock
Links 01/03/2024: Many More Layoffs, "Funerals" for Software Patents in the US
Links for the day
Gemini Links 01/03/2024: OFFLFIRSOCH 2024 and Dark Streets Tech Demo
Links for the day
Links 01/03/2024: Navalny Funeral and Media Under Attack
Links for the day
Gemini Links 01/03/2024: Making Art and the Concept of Work Management
Links for the day
Schriftleitergesetz: Hiding the Holocaust with censorship
Reprinted with permission from Daniel Pocock
[Meme] His Lips Moved
Here is your national "news" for today
statCounter: GNU/Linux Exceeded 6% in Asia Last Month (Compared to 4% Just 12 Months Earlier)
numbers may be biased
What the End of Journalism Looks Like
All on the same day
Links 01/03/2024: Microsoft 'Retiring' More Services and Raspberry Pi Celebrates 3rd Birthday (Launched on February 29th, 2012)
Links for the day
Women's Empowerment
Sponsored by Bill Gates
Gemini Links 01/03/2024: Speed Bumps and Analog Stuff
Links for the day
[Meme] Those Greedy EPO Examiners
Says the litigation industry, charging 300 euros an hour per attorney
EPO Discriminates Against Families of Its Own Workers, the Union Explains Legal Basis Upon Which It's Likely Illegal and Must be Challenged
To the Council, the EPO boasts about its wealth (seeking to impress by how much breaking the law "pays off")
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 29, 2024
IRC logs for Thursday, February 29, 2024
Links 01/03/2024: Misuse of Surveillance Against UK-Based Journalism, EPO Conflict Now in the Media
Links for the day
Taking a Break From Paid Promotion of the Illegal, Unconstitutional Kangaroo Court for Patents (UPC)
JUVE returns to its 'roots'?
FSFE admits losing funds from bequest by insulting and ignoring Fellowship representative
Reprinted with permission from Daniel Pocock
Gemini Links 29/02/2024: Raspberry Pi Incus Cluster and Aya 0.5.0 Coming Soon
Links for the day
Links 29/02/2024: Layoffs at Apple, Expedia, and Electronic Arts
Links for the day
Gemini Links 29/02/2024: Web Enshittification and Firefox user-agents
Links for the day
Spiked Piece/Censoreed Piece: 'Microsoft Copilot is a gimmick', says top CIO
Issues relate to connectivity and cost
Enrico Zini, Mattia Rizzolo, Plagiarism & Debian
Reprinted with permission from Daniel Pocock
[Meme] Clergy of GNU/Linux (Corporations Like IBM)
Volunteers as powerless "followers" of companies that "harvest" their labour
There Will Be Lots More Apple Layoffs (Already Years in the Making)
The corporate media still tries to shape the narrative to prevent panic or delay market hysteria
Latest SUEPO (Staff Union of EPO) Report For The Hague Reveals EPO Does Not Obey Court Orders, Refuses to Allow Workers to Freely Talk to One Another
working in a place where communication itself is restricted
[Meme] The Oppression Will Continue Until EPO 'Quality' Improves
wonder why EPO morale is so low?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 28, 2024
IRC logs for Wednesday, February 28, 2024
Outreachy, GSoC-mentors & Debian-Private may soon become public records in federal court
Reprinted with permission from Daniel Pocock