02.06.08

Software Patents Roundup: EPO, USPTO and Acacia

Posted in America, Europe, Patents at 6:15 am by Dr. Roy Schestowitz

EPO

Let us begin this with the EPO (or Europe), whose shaky state has increasingly become grounds for concern. To give you an idea of the EPO’s view of those who protest against software patents, read this.

European patent chief paves the way for change

[...]

She is dismissive of some of the criticism leveled at the patent system and specifically at the EPO from parts of the open-source and free software movements.

“There’s a high degree of emotion, but a low degree of light,” she said, referring to both sides in the intense lobbying when the European Union was debating a proposed law on software patentability that was scrapped in 2005.

There is more information about the EC’s potentially tactless moves with regards to standards and software patents.

The European Commission is organizing next week in Brussels a conference on “European ICT standardisation policy at a crossroads: A new direction for global success”. Among the papers in discussion for this conference, one paper suggests to allow RAND standards as general policy. The European Commission seems to listen to the big industry who contributed to the discussion paper. RAND standards (such as h264 or MPEG2) are a way to exclude FLOSS developers, because they require royalty payments that developers cannot afford.

Just recall the flak they were getting some months ago [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] after implicitly excluding Samba in a settlement with Microsoft.

The worrisome Community Patent is back in the scene again, which isn’t encouraging news.

Europe’s relations with China in respect of IP rights, the perspectives of introducing the Community Patent and the question of a central European court for patents were discussed during a visit by a high-level German-French delegation to the EPO today.

USPTO

Over in the United States, the Bush administration continues to discuss the issues, but based on the wording in CNET, this isn’t too hopeful.

The administration’s key concern is a section that it argues waters down the ability of judges to award damages in patent suits as they see fit, potentially depriving patent holders of the right to obtain the compensation they deserve. Right now, the Senate bill doesn’t give judges or juries enough discretion in deciding how much to award, Dudas said. That’s been arguably the biggest sticking point all along among supporters and opponents of the bill.

The reexamination process which the EFF has been relying on is apparently at jeopardy because an explicit request is made to for the US Senate defend it.

EFF’s Patent Busting Project is one of a number of public-interest projects that use the reexamination process to defend the public against the most dubious patents. Four of our five petitions for reexamination have been granted, and EFF expects the last will be after the PTO has had an opportunity to review it (it was filed last week). One of the first reexamination requests submitted by EFF has already resulted in the PTO revoking the patent.

Illustrating the severity of the problem, here is another trivial patents that uses sophisticated language to describe interactive/customised wallpaper/menus. Needless to say, none of his is new or ingenious.

A new BlackBerry Patent application entitled System and Method for Adaptive Theming Of A Mobile Device describes ways that a BlackBerry wireless carrier or third-party theme screen developer could configure, or reconfigure, a subscriber’s BlackBerry theme remotely.

Acaciasoft on the Attack

Our good ‘buddy’ Acacia, which is also a Microsoft buddy [1, 2, 3, 4, 5, 6, 7, 8, 9, 10], appears to be relentlessly continuing its crusade.

Acacia Research Corporation today announced that its subsidiary, Mobile Traffic Systems Corporation (MTS), has settled patent litigation against Cobra Electronics Corporation that was pending in the United States District Court for the Northern District of Alabama. With this settlement MTS has entered into a license agreement with Cobra Electronics.

The likes of Ray Niro [1, 2, 3, 4, 5, 6, Meet J. Carl Cooper, a Patent Troll (Plus Other Patent News)] must be bursting with laughter at the sight of a broken system that is coughing out cash at the direction of those who are heartless enough to abuse it. These are also the people who haven’t made a single invention in their lives. They sue for a living.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2008/02/06/epo-uspto-sad-state/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. European Media Does Not Care About Europe's Second-Largest Institution Crushing Basic Laws and Fundamental Rights

    New video about the latest publication from SUEPO (the EPO’s staff union); it was published yesterday, seeing that the “Mafia” (what EPO staff actually calls the management!) hasn’t done anything to comply with a wide-ranging set of court rulings from ILO-AT; why has the media said nothing about this and what does that say about today’s media? The material is all in the public domain, in widely understood languages, and SUEPO spoke about it more than 3 weeks ago.



  2. Links 30/7/2021: Distro Comparisons and Tootle Introduced

    Links for the day



  3. [Meme] Enforcing ILO-AT Rulings...

    We’re still waiting for a statement — any statement (direct or indirect) — from EPO management, seeing that almost a month has passed



  4. 'Open Source' as a Failed Initiative

    A closer look at the dire state of the Open Source Initiative, or OSI, which no longer protects Open Source (let alone software freedom) but instead helps openwashing, Microsoft entrapment, and a coup against the FSF



  5. [Meme] Rowan and António Sittin' on a Tree...

    How much longer can Team Campinos keep issuing tons of noisy and self-congratulatory puff pieces to (perhaps) distract from the elephant in the 10th floor of the Isar building (EPO HQ)? Staff won't wait for eternity.



  6. IRC Proceedings: Thursday, July 29, 2021

    IRC logs for Thursday, July 29, 2021



  7. Half the People in This Letter Are IBM Employees

    IBM seems to be continuing its war on the FSF because IBM wants to own everything (CentOS being ‘canned’ was just part of the plan)



  8. The OSI Song

    The sad demise of OSI, which has become little but a front group of proprietary software companies in pursuit of openwashing services (and outsourcing to proprietary disservices looking to eradicate copyleft)



  9. [Meme] OSI is Doing Just Fine

    So what if OSI is run by someone who raised money from Microsoft (to sell Microsoft a keynote slot in a copyleft event — the thing that Microsoft attacks through GitHub!) while funnelling the OSI's funds to a serial GPL violator?



  10. The OSI's Defunct Elections (Privacy Breach), Conflict of Interest (Nicholson), and Other Lingering Problems

    The above, together with an email from the OSI below, serves to show they’re re-running a bad election and — yet worse! — there appears to be a conflict of interest implicating the OSI’s sole member of staff!



  11. Links 30/7/2021: Audacity 3.0.3 and KD Chart 2.8.0

    Links for the day



  12. Links 29/7/2021: siduction 2021.2 and Xubuntu 21.10 Dev Update

    Links for the day



  13. GitHub is Racism

    Microsoft has the world's most racist code hosting repository; it wasn't like this when Microsoft took over as the racist policies were added to impress Donald Trump, who would later rig a procurement/tendering process to bail out Microsoft (10 billion dollars from the Pentagon, i.e. taxpayers)



  14. [Meme] António Lost His Power Over Patent Examiners

    Team Campinos at the EPO must be rather stressed at the moment; the people who do all the work can go on strike any time (or all the time, until/unless demands are met)



  15. European Patent Office is Going on Strike (or Strikes)

    The staff of the EPO is ready to strike like never before (dissatisfaction and outrage over 8 years of gross injustice, namely Battistelli's breach of fundamental rights, including the right to strike)



  16. Crying “Wolf!” About Systemd is Only Beneficial to IBM and Systemd Developers/Pushers

    Microsoft controls Systemd only to the extent that Systemd is controlled by GitHub, which is in turn controlled by Microsoft; But Systemd has long been on that proprietary platform (its developers don’t truly value software freedom) and this has long been a problem, even before Microsoft hijacked it for coercive power



  17. Links 29/7/2021: Mesa 21.2 RC3, FSF Responds to Microsoft's 'Hey Hi' Attack on Copyleft

    Links for the day



  18. IRC Proceedings: Wednesday, July 28, 2021

    IRC logs for Wednesday, July 28, 2021



  19. [Meme] No Crime Goes Unrewarded at the EPO

    It is more or less undeniable that from a legal and functional perspective the EPO is already defunct and is still perishing under a couple of Mafiosos whose sole interest is cover-up and grifting/plunder (of what’s left of the Office after almost 40 years of goodwill/reputation); the recent G 1/21 fiasco was just icing on the cake and the EU’s insistence on a patently unconstitutional UPC (more legal powers for chronic EPC violators) actually weakens unity in Europe (by discrediting the Union)



  20. [Meme] There's Always a Way (When Financial Results Are Not So Good...)

    Too many US ‘tech’ companies still lie to their investors. They choose financial engineering instead of real engineering.



  21. Links 28/7/2021: OPNsense 21.7 and MX Linux 21 Beta

    Links for the day



  22. The One Reason I Cannot Get 'Google News' (or Google) Completely Out of My Life

    Google has got almost a monopoly on (nearly) real-time news syndication; this is why, for our Daily Links at least, we still rely on Google News to a certain extent



  23. [Meme] When Sociopaths or Psychopaths Run Europe's Second-Largest Institution

    The EPO has a very profound issue because it is run (and ruined) by insecure thugs with inferiority complex, so they form cliques of friends of theirs instead of actually qualified people, in effect creating personality cults that laugh at the law and disregard any obligations to the institutions/staff they were entrusted to manage



  24. Links 28/7/2021: GCC 11.2 Released

    Links for the day



  25. Microsoft 'Loves' Linux So Much That It's Spreading FUD About It All Over the Media for 3 Days in a Row (So Far)

    The stubborn cult at Microsoft likes telling us all — especially officials and decision-makers — a bunch lies like, “we invest [some amount of money] in security” and “security is our goal”, but in reality the money is sunk into hiring (‘buying’) firms with “security” in their name, bribing publishers for mindless PR/platitudes that cast critics of Microsoft insecurity/ies as “fanatics”, “bashers”, “jealous”, “irrational” et cetera; finally, actual money goes into collaborations with the NSA on back doors, i.e. the exact opposite of security. The video above is a follow-up or sequel for something we meme-ified two days ago; we’ve since then included more examples (with editorial comments added to the links) in our News Roundups/Daily Links; Western media follows the same script we saw in Indian Web sites on Sunday and the objective is to paint Linux as “equally insecure” if not less secure than Windows. As already noted on Sunday, in a much longer video, the ‘Linux’ malware (it has nothing to do with Linux itself!) needs user intervention, neglect, or even sabotage to even get on the compromised systems in the first place. One can guess what situation or which incidents Microsoft is ever so eager to distract/deflect from…



  26. [Meme] EPO Asked to Comply With the Law and Correct Behaviour

    EPO staff wants reparations for monumental abuses, but the “Mafia” of Benoît Battistelli and António Campinos will never allow that to happen (we saw the same regarding the unlawful composition of internal courts)



  27. The Unfunny Joke That Microsoft Cares for 'Developer Rights'

    Microsoft propaganda urging software developers to find comfort in a prison of Microsoft (proprietary software monopoly) is a symptom of dying media, or thinly-veiled PR looking for a buck



  28. IRC Proceedings: Tuesday, July 27, 2021

    IRC logs for Tuesday, July 27, 2021



  29. Links 28/7/2021: PulseAudio 15.0 Released, World’s Slowest Raytracer

    Links for the day



  30. Links 27/7/2021: New Godot Engine Beta and a Call for Funding of GIMP

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts