Bonum Certa Men Certa

Patent System Status in the United States, European Union

Software patent on rise



North America (United States)



THE problems spawned by software patents affect not only Free software developers. They harm developers as a whole, but Free software is subjected to other (mis)treatment because of the way the software is distributed. Red Hat's legal team has just published a post to explain the severity of this issue. [via Digital Majority]



There are now more than 200,000 software patents, and there is no practical way to be sure that a new program does not infringe one or more of them. A patent lawsuit can cost several million dollars in attorneys’ fees. The risk of patent litigation is one that the FOSS community has learned to live with. But it hardly seems likely that the risk is doing anything other than inhibiting software innovation.


This number, two hundred thousand at the least, is exceptionally high. It boils down to a human capacity issue and there is clearly a lot of overlap, i.e. duplicates. It's not only problematic to developers but also to examiners who work at the patent office.

USPTOIs any developer bold enough to internalise all of that reading material and then engage in a task as simple as typing away on a computer keyboard, as opposed to a process more complicated such as designing and manufacturing a machine to perform a particular function? Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast. This imperils studies of prior art and planning of development that's safe from patent violations.

“Software is not unsophisticated, but the barriers to entry are very different and the amount of software out there is vast.”The simplest fact is that barriers in the face of trivial tasks and creations only discourage more such creations. This was not the goal of the patent system, was it? This issue must be faced and recognised. Only then can it be properly addressed.

Microsoft is meanwhile obtaining some very trivial patents in order to brag about numbers (quantity over quality). In reality, the poorer the patent, the easier it is to invalidate, but at the same time, the poorer (broader and more trivial) the patent, the more companies and products it jeopardises. It causes unrest and Amazon's one-click shopping is a good example of this.

The 'bleeping patent', which was previously summarised here, is making its appearance in The Times.

Microsoft patents web moderator robots



[...]

There’s a danger, though, that it could go too far. Who’s to say that an overzealous Microsoft employee might not accidentally on purpose blacklist the names of rivals such as Apple and Linux?

Worse, there are governments around the world that would probably go further still, suppressing dissent not with guns and clubs but by preventing people from even discussing concepts such as “protest” or “freedom”. And that, I’m sure you’ll agree, is a freaking scary idea.


Ethical issues aside, there is little merit to be found in this so-called 'invention'. The PgUp/PgDn patent, which was previously mentioned in [1, 2, 3, 4, 5], raised similar questions.

To show how trivial some of Microsoft's patents can be, here is a slightly older one:

theodp writes "Microsoft was just granted U.S. Patent No. 7,392,326 for Text Entry in an Electronic Device. From the patent: 'the invention may automatically add a 'www.' and a '.com' to the text the user is entering and display this combined text'. To get the point across, Microsoft included an illustration showing the 'invention' in action, transforming 'foo' into 'www.foo.com'. Sure it's not sorcery we're dealing with?"


How about...

  1. Transaction-safe FAT file system


  2. Method of swinging on a swing


This is innovation???

Europe



Alison Brimelow



A few days ago we wrote about the latest important development in Europe -- an appeal regarding software patents. There are already some unhappy people who deserve to be heard.

[T]he questions seem like a school book example of avoiding clarifications by asking the wrong questions. Are the EPO just cowards, creating straw men or obstructing the clarity of law?


This was also covered in the EPO's Web site and in some other patents-focused legal Web sites, whose bias is in their favour (more lawsuits and more patents help lawyers makes a living at developers' expense):



Lastly, here is a quick word about OIN. In response to Roberto's claim (covered some days ago) that “Keith Bergelt [...] won’t collaborate with FFII or similar organizations to fight against software patents in Europe,” PL Hayes wrote:

Then (assuming he is not a patent system economics illiterate) he certainly does not “care about Linux” - and innovation in general - and I assume OIN is some kind of risibly effete poor man’s version of Intellectual Ventures?


Software patents protest against EPO



In a follow-up post from Roberto, more details are given.

Keith says that in OIN’s vision there are “good” patents and “bad” patents, and they won’t take part in the European software patents debate. All in all OIN cares just about Linux, and middleware or application levels are not in OIN’s agenda for the time being. Google is proud to participate in OIN’s mission, as Di Bona made clear through the official google blog, and that is probably good for all (big) Linux end-users.

Will ever OIN go up in the open source software stack?


PL Hayes again replies by saying:

Right… so it’s just a patent pool with a misleadingly grandiose name (Open Invention Network), set up for the benefit of companies using “the Linux operating system or certain Linux-related applications”.

Some of those companies lobbied for codification of the EPO’s software patent granting practices so it’s not surprising OIN won’t take part in the debate and it is clearly no friend of FOSS and innovation in general, contrary to the impression it sometimes gives.


OIN is not the solution. It's not harmful, but it's not the solution.

Recent Techrights' Posts

UEFI "Secure Boot Doesn’t Play Nice at the Moment"
UEFI "Secure Boot" does not improve security. It's an artificial obstacle in service of monopoly.
If You Want to "make your 'Windows PC' lean, mean, and fast" You Will Install GNU/Linux or Some BSD
That kind of article says a lot about IDG
 
We Are Sad to Hear the Story of Jonathan Riddell, Champion of KDE and GNU/Linux on Desktops/Laptops
I have enormous respect for Jonathan and everything he has done
Talking About the Problem vs Talking to the Problem
Wanting an audience is never a good excuse for compromising one's values and principles
Focusing on Patents
The reason we cover the EPO so much is that it's close to home
"Secure Boot Violation": The 'Joys' of Fake Security Gone Wrong
Not everyone reboots every day
Links 15/09/2025: Russia Invades Romanian Airspace, Penske Media Sues Google Over LLM Slop
Links for the day
Links 15/09/2025: Bitcoin ATMs Scam and "Conservative Cryptography" (Backdoors Fantasies)
Links for the day
EPO Imitates Microsoft: "Three Days or More Per Week" Inside the Office to Get a Desk to Work on; "the Office Breaches Its Promise Towards Staff and Acts in Breach of Its Duty of Care"
The EPO serves no actual function in Europe
Links 15/09/2025: Political Affairs, Censorship, and Copyrights
Links for the day
Gemini Links 15/09/2025: Music Genres, Invisible Networks, and Akademy 2025
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 14, 2025
IRC logs for Sunday, September 14, 2025
Satya's Plan B: Try to Hide the Massive Extent/Scale/Scope of Microsoft Layoffs
fewer people buy Microsoft
Red Hat News About De Facto Mass Layoffs (Bluewashing) Gone From Reddit (Censored by Gatekeepers), Still Online in The Register
With RTOs, PIPs, relocation etc. expect IBM to "shed off" many Red Hatters
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
Slopwatch: Google News Infested With Slop (About Half of the Results for "Linux" Today)
This is the sort of junk one finds when looking for "Linux" in Google News these days
Links 14/09/2025: Ricky Hatton Dies and McDonald's Declares War on Tipping Culture
Links for the day
Links 14/09/2025: Disasters for CEOs Obsessed With Slop and Slop Companies School Like Fish
Links for the day
"Bad Shim Signature" (Microsoft 'Secure' Boot)
"Fresh install not booting"
What Microsoft Garrett and Microsoft Lunduke Have in Common
Similar tactics, different "wings"
Links 14/09/2025: US "Economy Sagging", "Michigan Economy Wobbles From Tariffs"
Links for the day
Gemini Links 14/09/2025: Minimalist Snippet Manager and Omarchy Linux
Links for the day
The Face of the Digital Far Right: Microsoft Lunduke
Microsoft Lunduke is an online extremist that belongs to and panders to the far right
20 Years Later and Academia Isn't the Same
"I never dreamed of being a professor"
'Cancel Culture' by the Right: Microsoft Lunduke Contacts People's Employers Trying to Get Them Fired
Microsoft Lunduke panders to extremists online
"Bad Shim Signature"; So 'Secure' That It Overrides Users' Preferences and Turns Itself Back on (Coercive Measure)
This was a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 13, 2025
IRC logs for Saturday, September 13, 2025
Microsoft is Rapidly Dropped From Web Servers, Shows Survey
Microsoft lost about 8% "market share" in just 3 months
Many GNU/Linux Users Report MOK (Machine Owner Key) Issues in Recent Days
many people don't report this online and never post in Reddit
We Covered UEFI 'Secure Boot' Scandals. The World Listened.
To hell with UEFI 'secure boot'
Links 13/09/2025: Escalations in East Europe and POTUS’ Health Cover-Up
Links for the day
Gemini Links 13/09/2025: Lagrange Turns 5 and Lagrange 1.19.2 Released
Links for the day
Microsoft Inside Your Linux: "Security vulnerability that allowed an attacker to bypass UEFI Secure Boot."
2 hours ago
A New Low for "Linux Journal": Promoting MICROSOFT WINDOWS Using LLM Slop
They've just jumped the shark entirely
Fake News With Fake Numbers About Microsoft
"This is what happens when the world's economy is governed by sick old men"
Slopwatch: "Google News" is Fast Becoming a Mashup of Slopfarms, Linux Journal ("LJ") is a Dump of LLM Slop
Well done, Google News. Google itself can flourish as a slopfarm mashup.
Torturing Users Who Just Want to Run GNU/Linux on Their Own PC
"Linux does not want to install"
The Register MS Still Takes Money to Hype Up "AI" in Articles by Microsoft Resellers With the Term "AI" 30+ Times in Them
Notice how many times they mention "AI"
The Apache Logo News is VERY Old, Racists and 'Anti-Woke' Bigots Look for Something to Incite Other Bigots With
Nothing to see here, move along
Linux Mint 9/11: "4th One Today..." (in Reddit)
Remember that not everyone having an issue reports it to social control media like Reddit
Nepal Will Fall Without a Single Shot Fired, Thanks to Social Control Media
Or very few shots (by the authorities)
European Corruption in the European Patent Office (EPO) Targets Culture
"In reality, the project includes a new “legal instrument” shifting administrative burden and liability on EPO staff while creating new uncertainty and externalising Amicale activities."
European Authorities, Already Bribed and Infiltrated by Microsoft, Won't Help You Find BigBlueButton, Jami, Ring, and Jitsi
Because they're paid by Microsoft and are Microsoft 'addicts' themselves
UEFI Secure Boot Failing, as Expected for Nearly 15 Years Already (Techrights Said This Since 2012)
in the media
Debian 9/11
people report this issue
Gemini and Web Links 13/09/2025: MElon's Slop Grift and "Autonomous Trains"
Links for the day
Moving From Content Management Systems (CMSs) to Static Site Generators (SSGs) Saves You Time, Makes You a Lot More Productive
try to reduce the cost (financial and computational) of running your site
Pursuing Peace Through Violence
You cannot "see" a person's mind, until the mouth opens
Leak: European Patent Office (EPO) is Now Attacking Amicale Clubs
corruption has become the norm and scientists are robbed of any dignity
Can We Please Stop Celebrating Shooters?
"An important point to hammer on is that CoCs were never intended for uniform or symmetric application"
Oracle Fraud (or Defrauding Shareholders)
"the obvious [lie] is that watts are (wasted) electricity [and] and FLOPS are computing capacity"
Geminispace is Growing Faster in 2025 Than It Did in 2024
What matters is that corporations haven't ruined it and LLM slop is extremely rare
Links 13/09/2025: China Punishes for 'Negative' Posts, US Police Unable to Find Shooter
Links for the day
Who's the Mystery Financier of SLAPP Against Techrights and Is That a Millionaire/Billionaire?
Whose idea was it to fund meritless lawsuits against my wife and I?
Slopwatch: Slow Slop Day
This distracts from or may take traffic away from the original articles, actually written by actual people
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 12, 2025
IRC logs for Friday, September 12, 2025