Bonum Certa Men Certa

Patents Roundup: EPO Patent Numbers Decrease; Bilski Revisited

For those with great interest in the "software patents death watch" (wishful thinking perhaps), here is a summary of relevant reports.

Less is More



In Europe, there are encouraging signs indicated by a fall in the number of patents. [via Digital Majority]

While computing remains one of the most active fields, the proportion of computer patent filings fell by 0.8 per cent last year. Meanwhile, the related field of information storage, which has seen a flood of applications in recent years, saw its share of total filings drop by a staggering 18 per cent last year.


Rise in the quality of patents and a less permissive (i.e. less receptive of abuse) system can lead to this.

Bilski Roundup



We have covered the Bilski case on several occasions over the past few days [1, 2, 3]. It's an high-impact development. A tsunami of articles that we have not yet mentioned is listed below for future reference (or for your reading pleasure).



In a statement, ESP Executive Director Ben Klemens said, "This is an historic opportunity to fix the U.S. patent system, as the Bilski rehearing will directly address the boundaries of the subject matter of patents. In our brief, the End Software Patents project supports the Supreme Court's long-held position that computer software should not be patentable, and has highlighted to the Court the real economic harm software patents cause the U.S. economy."




End Software Patents (ESP) has filed an amicus curiae brief in the Court of Appeals for the Federal Circuit's (CAFC) rehearing of the In re Bilski case.


Some more comments on this press release you can find here.



In re Bilski is an appellate court case that provides an opportunity to eliminate business method patents and curtail efforts to claim monopolies on basic human skills, behaviors, and interactions. Bilski is challenging the rejection of his application for a patent on a method of managing the risk of bad weather through commodities trading.


In light of Red Hat joining this attack (unlike Novell):



The algorithm in Benson, Red Hat says, was and is "useful", but the Supreme Court said it wasn't patentable, so being useful, as State Street put it, clearly can't be sufficient alone. The two cases clash, and the Supreme Court trumps. In short, it's an educational task here, to help the court to understand the tech sufficiently to draw a line in the right place. The way to get a court to reverse itself isn't to tell it that it's wrong. You have to show why, using cases that are binding upon the court, which is what this brief is doing.




This week Red Hat filed with the Federal Circuit Court of Appeals to carefully examine the state of software patents in the country. According to Red Hat, a company ripe with support for open source software, software patents are being issued at an alarming rate, and many of them are obvious ideas that should not have passed the patent desk to begin with.


There is hope for improvement. Never say never.

Recent Techrights' Posts

How the SLAPPs From Microsoft Staff Are Connected to the Corrupt OSI, Whose Majority of Money Comes From Microsoft for Openwashing, LLM Hype, and Whitewashing GPL Violations During Class Action Trial
Let's explain how some of these things are connected
 
Red Hat's Owner is Called "America's Worst Tech Company" (IBM) and Microsoft's Liabilities Grow
Microsoft has about a quarter of a trillion (yes, trillion with a "T") in liabilities
Links 12/05/2025: Gardens and Kitchens
Links for the day
Links 12/05/2025: Media Being Attacked (New Forms of Attack on the Press), Many Data Breaches
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 11, 2025
IRC logs for Sunday, May 11, 2025
Links 11/05/2025: Pyotr Wrangel and Kubernetes With FreeBSD
Links for the day
What Happened to the Open Source Initiative (OSI) Elections: A Moment of Silence and Revisionism Amid US Government Investigation and Community Uproar
Not a word this month
Microsoft Florian Becomes Patent Troll, Arranges to Sue Companies (Extorting Money Out of Them)
From campaigner against software patents to paid Microsoft shill to "FOSS patents" (actually attacking FOSS) to revisionism as "books" (for Microsoft)... and now this
Links 11/05/2025: China's Fentanylware (TikTok) Tells Kids to Vandalise Schools' Chromebooks and Increased Censorship in India
Links for the day
You Need Not Be a Big Company to Defeat Microsoft If You Can Successfully Challenge Its Core "Ideas"
Maybe that's just a sign that the ideas of RMS have become too effective and thus "dangerous"
Gemini Links 11/05/2025: Yeeting Oligarch Tech, Offline Browsing
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 10, 2025
IRC logs for Saturday, May 10, 2025
One is Simply Doomed to Fail When Working for Violent Men From Microsoft and Attacking Women as Well as People Who Merely Expose Crimes or Report Real Crimes
Imagine saying to people that you "practice law" or "exercise law"
The Tariffs Are Accelerating Microsoft's Decline in China
Judging by the way things are going, there will be considerable adoption of GNU/Linux in years to come, China being one major contributing factor.
Control Your Systems, Control All Your Data
what does it take for us to control our own systems and data?
Misplacing Blame for Security Problems, Sometimes With LLM Slop That Blames "Linux" for Microsoft's Failures
Broken telephones and stochastic parrots beget plenty of Fear, Uncertainty, Doubt (FUD)
Links 10/05/2025: WW2 Revisionism, Further Tit-for-tat in India-Pakistan Conflict
Links for the day
Links 10/05/2025: Germany Considers Smartphone Ban in Schools, Right to Repair Bills
Links for the day
Gemini Links 10/05/2025: Git Server and Great LLM DDoS of 2025
Links for the day
Blizzard/Microsoft Unions Grow Ahead of Mass Layoffs at Microsoft, Apparently Starting Next Week (as Many as 30,000 Workers Laid Off by Year's End)
Microsoft already fired about 5,000-6,000 workers this year by our estimates; that's not counting resignations compelled through pressure (i.e. pushed, did not jump) and contractors
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 09, 2025
IRC logs for Friday, May 09, 2025