03.21.08

Gemini version available ♊︎

Patents Roundup: High Court Imposes a USPTO on the UK-IPO, INNOVA~1 Goes Backwards

Posted in America, Europe, Microsoft, Patents, SUN at 10:07 am by Dr. Roy Schestowitz

GNOME trashCourtesy of the chaps at Digital Majority there are some interesting updates on the patent situation. In short, it remains a load of rubbish.

United Kingdom

Shortly after discussing Microsoft’s possible (although very indirect) role in interfering with UK law on software patents comes this:

U.K. patent office ordered to accept software patent

A U.K. appeals court decision is causing confusion over longstanding European regulations that generally forbid granting a patent for a computer program.

This is covered here as well.

High Court says UK-IPO was wrong to reject software-related patent

The patentability of software is a controversial area of UK intellectual property law. The question seemed to be settled in a decision by the Court of Appeal in 2006 which outlined how courts should determine whether an invention consists purely of software, and therefore should not be awarded a patent.

That ruling took in two cases, one involving a company called Aerotel and another involving inventor Neal Macrossan.

Sun Con-Con-Patent

Remember the thoughts and insights from Scott Mace? It seems like Simon Phipps kept his promise and a clarification has been put in MySQL’s retired page, which used to protest against software patents. It doesn’t look too exciting and it’s hardly even a protest.

The MySQL patent program is in the process of being integrated into the Sun patent program. In general, Sun uses its patent portfolio to defend communities and indemnify customers. Check back here for further updates.

In the meantime, check out the blogs of Sun’s CEO, Jonathan Schwartz, and CTO, Greg Papadapoulos, for Sun’s view on software patents.

It’s a tad disappointing, overall.

The SCOs of the Patents World

SCO did not engage in confrontations over patents, but similar types of patterns cab be seen in this latest patent harassment, which targets the ‘small guy’, the scapegoat and the scarecrow.

I wouldn’t want to be accused of being anti-IBM but the news that online fruit store Harry & David (H & D) was suing IBM is very worrying. The case concerns patents that IBM did not own, which Harry & David bough as part of IBM’s WebSphere/NetCommerce retail software. H & D alleges that it had to buy a licence from EPOS maker NCR to cover these patent. It is also saying it paid Charles E Hill Associates for patent infringements relating to the IBM software. Whatever the outcome of the case, this looks like a patent mess. First, IBM should not have sold software containing patents that it had not already licensed or owned. Second,

Why did NCR and Charles E Hill Associates go after the customer? Surely if it was IBM’s software that had infringed their patents then they would have a legitimate claim against IBM. Ah, but IBM would be a hard target given how SCO’s patent case against IBM/Novell and the Linux community has played out. Like SCO, these companies have gone after the soft target: the end user business that bought IBM’s software, I presume, in good faith.

The Land of No Winners

A state of patents is a state where ‘innovation’ is self limiting. Imagination is restricted by law and this article from Forbes seems to confirm that the system totally lost sight of its goals.

Software patents, in particular, are performing even worse today. People thought that once the [U.S. Patent and Trademark Office] gained experience in these evaluating patents, then the quality would get better … and the amount of [related] litigation would go down. It hasn’t. We have no opinion on whether USP Office is doing better or worse, but we know for sure that the amount of software litigation has grown over time. The odds that a software patent will be litigated in the first four years of its life have gone up too.

Lastly, to paraphrase the guys from Digital Majority, “is this innovation”?

Qualcomm Chip Ban to Stand

Broadcom Corp said on Wednesday a U.S. appeals court let stand a lower court order barring wireless chip maker Qualcomm Inc from selling chips that infringe on three of its patents.

If embargoes are a sign of innovation, then there must also be human life on Mars. Poor Qualcomm [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20].

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

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. From Competitive (Top-Level, High-Calibre, Well-Paid) Jobs to 2,000 Euros a Month -- How the EPO is Becoming a Sweatshop by Patent Examiners' Standards

    A longish video about the dreadful situation at the EPO, where staff is being ‘robbed’ and EPO funds get funnelled into some dodgy stock market investments (a clear violation of the institution’s charter)



  2. [Meme] Protecting European Patent Courts From EPO 'Mafia'

    With flagrant disregard for court rulings (or workarounds to dodge actual compliance) it seems clear that today's EPO management is allergic to justice and to judges; European Patents perish at unprecedented levels in national European courts and it should be kept that way



  3. Links 15/10/2021: Pine64's New PinePhone Pro and Ubuntu 22.04 LTS Codename

    Links for the day



  4. [Meme] GitHub Isn't Free Hosting, It's All About Control by Microsoft

    Deleting GitHub isn’t a political statement but a pragmatic decision, seeing how Microsoft routinely misuses its control over GitHub to manipulate the market



  5. With EPO 'Strike Regulations' Belatedly Ruled Unlawful, EPO Management May be Lowering the Salary Even Further by Introducing Outside 'Temps' or Casual Workers

    Institutional capture by an 'IP' (litigation) Mafia is nearly complete; with illegal so-called (anti) 'Strike Regulations' out the door, they're quickly moving on to another plan, or so it seems on the surface



  6. Links 15/10/2021: 95% of Ransomware Targets Windows

    Links for the day



  7. IRC Proceedings: Thursday, October 14, 2021

    IRC logs for Thursday, October 14, 2021



  8. The EPO’s Overseer/Overseen Collusion — Part XII: The French Connection

    The EPO‘s presidency (led by Frenchmen for nearly 15 years out of the past 18 years; Benoît Battistelli and António Campinos are both French despite their somewhat misleading surnames) is extremely unlikely to even be mildly scrutinised by the French delegates because of a web of nepotism and protectionism



  9. [Meme] Another Maladministration Meeting Comes to an End

    Did the EPO‘s overseeing body properly tackle Benoît Battistelli‘s illegal acts, authorised by that very same overseeing body? Don’t hold your breath as António Campinos continues to crack down on staff (maybe ILOAT will rule on it in 2030)



  10. Links 14/10/2021: LibreOffice 7.2.2, Happy Birthday to Jolla, Ubuntu 21.10, Devuan GNU+Linux 4.0, OpenBSD 7.0

    Links for the day



  11. [Teaser] What Miguel de Icaza Really Thinks of the CEO of Microsoft GitHub

    Following the opening of a new series about Microsoft GitHub we drop a little teaser today; we expect dozens of parts to be released in the coming weeks/months as facts are being validated and organised



  12. Splitting the Time to Cover More Leaks and Exposés

    We take stock of Part 11 of the ongoing EPO series (“EPO’s Overseer/Overseen Collusion”) and explain what caused various delays yesterday; we may have to up our pace a little in order to keep up with an influx of leaks and whistleblowers



  13. [Meme] Destroying the Workplace

    The working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative CouncilThe working conditions at the EPO continue to worsen under the António Campinos regime, perpetuating the decade-long 'demolition project' of Benoît Battistelli and his cohorts in the complicit Administrative Council



  14. Microsoft GitHub Exposé — Part I — Inside a Den of Corruption and Misogynists

    Today we commence a new series that implicates Microsoft, GitHub, Copilot, and Team Mono



  15. EPO Management Tricks EPO Staff Into Taking More Paycuts

    “Education and childcare reform” [sic] is an António Campinos "reform" in the same sense regressive salary reductions are just “adjustments” (euphemism); Electronic opt-in gaffes, according to staff representatives, show that the tradition of Benoît Battistelli carries on at the Office, taking away from staff for a few corrupt officials to milk the institution to death



  16. Links 14/10/2021: Whisker Menu 2.6.1 and KDE's Birthday

    Links for the day



  17. Links 14/10/2021: DragonFly 6.0.1 Released and Red Hat Loses Another Top Executive

    Links for the day



  18. IRC Proceedings: Wednesday, October 13, 2021

    IRC logs for Wednesday, October 13, 2021



  19. Süddeutsche Zeitung Became a Propaganda Arm of EPO Management (and by Extension Software Patents/Patent Lobbyists)

    EPO ‘genius’ António Campinos enjoys shallow press coverage, which echoes or resembles Benoît Battistelli‘s corruption of the media (paid-for fluff)



  20. GNOME (and Debian) Infringe Human Rights by Shipping Parental Control Software (Internally Called “Malcontent”)

    Guest post by Ryan, reprinted with permission



  21. No, JWZ, Discord is Not “IRC With Pictures”

    Guest post by Ryan, reprinted with permission



  22. The EPO’s Overseer/Overseen Collusion — Part XI: “General Bock” - Battistelli's Swiss Apprentice?

    The António Campinos-led EPO won’t be subjected to real oversight by the Administrative Council, which ‘met’ (online) earlier today; so we look at who in the Administrative Council did what; today we wrap up the parts about Switzerland (third part of three)



  23. Links 13/10/2021: Sparky 2021.10 and New Archcraft

    Links for the day



  24. Links 13/10/2021: Firefox Keylogger on (By Default), GNOME Platform Design Discussed

    Links for the day



  25. [Meme] [Teaser] Swiss Alexandre Benallas

    The EPO‘s French dictator, Benoît ‘Vichy’ Battistelli, might be relieved to hear that his enabler in the adjacent Switzerland also enlisted armed bullies to keep the population down (the father of António Campinos might know a thing or two about those; it’s why he fled to France)



  26. IRC Proceedings: Tuesday, October 12, 2021

    IRC logs for Tuesday, October 12, 2021



  27. A Tale of Two KDE Distributions: Kubuntu 21.10 and Debian 11 GNU/Linux

    Guest post by Ryan, reprinted with permission



  28. Citation/Atlas 'Security' Exam is a Total Farce, But It's Still Good for Entertainment Purposes

    What are people being taught about so-called 'security'? Might that explain so many security breaches? (Poor training, wrong assumptions)



  29. [Meme] [Teaser] Swiss Rumbustious Alpha-Rambos

    Aggressive men tarnish the image of Switzerland as a soft nation of peace; details tomorrow...



  30. Unqualified Managers and Demoralising Leadership in Switzerland (Like in EPO)

    Switzerland’s media (what’s left of it) is currently looking into new scandals associated with Christian Bock, who back in 2013 helped back the EPO's illegal anti-strike regulations


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