Bonum Certa Men Certa

Misconception: The Problem With the US Patent System is Just Patent Trolls and/or Just Software Patents

US flags



Summary: Clarifications and explanations regarding the goal of a (yet theoretical) patent reform that would actually prove to be effective

EVERY ONCE in a while, someone suggests an amendment to the systems we have in place. Law and governance forever evolve, or devolve. On the one hand there are lobbyists working at the behest of people who seek to distort the system for their client/s and on the other hand there are grassroots efforts to make the systems more sane and civilised. It is an eternal battle and the power that wins depends on the integrity of politicians. If politics expels lobbyists and abolishes cronyism, then the return on investment becomes too low for lobbying to remain a compelling option. Bill Gates and his friend Nathan (the world's biggest patent troll) have been lobbying a lot recently to further perturb patent policy in favour of the billionaires. It is a tough battle in the US. We covered the issue many times before and showed that lobbying for the billionaires is shrewdly being disguised as helping "the little guy" (or gal).



“But spending money upfront for the chance of a better world is our job. And it's the right thing to do.”
      --Pascal-Emmanuel Gobry
To confront or address this serious issue we must first define what the problems are. There is no single 'camp' here because some people want all software patents eliminated, some prefer to see only a portion of them (the "bad" ones) eliminated, and some just want to make patents work in favour of themselves or Linux (the "IBM way", maybe Google too based on its recent Android defence strategy).

Pascal-Emmanuel Gobry, a persistent critic of software patents as of late [1, 2, 3], makes suggestions for getting rid of patent trolls, which are more like a symptom than the main problem. Many of them use software patents and give the illusion that not only gigantic companies use patents to cause harm. "Every venture-backed startup needs to make a credible, public statement now: we will fight every patent troll case, to the Supreme Court if we have to," suggests Gobry. "Every venture capitalist needs to make a credible, public statement: we will finance our portfolio companies' cases against patent trolls. We recognize that it's going to be a long, hard slog. We're going to burn tons of money at first. But spending money upfront for the chance of a better world is our job. And it's the right thing to do."

Well, this is not the key problem and it "ignores they are *intended* part of patent system, though," writes Georg Greve in relation to this article. Trying to pretend that getting rid of patent trolls is the only desired "reform" is what lobbyists of large companies have been doing. As we saw quite recently with Apple's embargo threats and legal actions (with fake 'evidence'), the problem is not just bigger than patent trolls; it is bigger than software patents, too. Sometimes we have patent cartels. According to this new article, Apple continues to pursue patents. Here is the latest:

A patent application submitted by Apple has revealed its plans to turn the iPod and iPhone into a mobile karaoke system that can help to teach amateur singers how to hit the right pitch and key.


The bottom line is, large companies -- not just patent trolls -- are exploiting the USPTO to make themselves rich. This leaves more than 99% of the US public totally betrayed by this system that their government fosters.

Recent Techrights' Posts

SLAPP Censorship - Part 32 Out of 200: Garrett Made Spurious Requests (Later Withdrawn) the Same Week Someone He Later Spoke to by E-mail Sent Threats to Our Webhost
The "plot thickens" because there's a multi-party tag-team act, as confirmed by Garrett after he had sworn on the Bible
 
Links 04/04/2026: Social Control Media Verdict and Bans, Whistleblower (Axel Rietschin) Explains How "Microsoft Vaporized a Trillion Dollars"
Links for the day
Reaching the End/Event Horizon of LLM Slop
Are we moving towards a post-LLMs world?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 03, 2026
IRC logs for Friday, April 03, 2026
Gemini Links 04/04/2026: STXGE and Computer Relationships
Links for the day
SLAPP Censorship - Part 33 Out of 200: Garrett Sued by My Wife and I, Then His Microsoft Acquaintance Files Another Lawsuit and Our Webhost Receives Legal Threats Too
Today we also show how our solicitor Mark Lewis responded to it
Good Friday, Leaving IBM for Good
Even on holidays
Links 03/04/2026: Rejection of More Software Patents and Social Control Media in Several Continents
Links for the day
Malware in Proprietary Software - Latest Additions by Rob Musial
Original published yesterday in gnu.org
Visual Evidence/Documentation of IBM Dying Like the Dinosaurs
IBM has many of these giant white elephants lying around, with some getting demolished
Links 03/04/2026: USPTO’s Latest Greenwashing and Internet Blackouts Impact Journalists in War Zones
Links for the day
IBM is a Dying Company, Nowadays It Kills Red Hat With Slop
when your last day is a national holiday in IBM's country
"Independence Drives" and Community-Run Sites
Independence in reporting is a much-valued trait
When Charlatans Are Only Good at Losing Money and Storytelling (e.g. About Investment in Them)
Wait till a a barrel of oil costs $300
What Apple Fans Are Missing
Apple is a bad company
The "Pale Blue Dot" Moment Had Returned
To many people, the "bitter-sweet" observation of how small we are
Saudi Arabia Does Not Rely Much on Microsoft/Windows
Putting aside politics, this is good for Free software
Almost 12 Years of Exposing Corruption in Europe's Second-Largest Institution
The "unready" President is now an abandoned President
Easter Moon Mission and Its Reminder of IBM's Demise
A lot of NASA operations now rely on GNU/Linux
When Power is Scarce and GNU/Linux Has Power
In Cuba, GNU/Linux has long enjoyed high adoption rates
Don't Totally Dismiss the 'Survivalists'
'Survivalists' or similar terms are used to describe a particular mindset of people who prepare for some really awful scenarios
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 02, 2026
IRC logs for Thursday, April 02, 2026
A Much Better Use of Fuel Than Slop
Something positive for a change
Hoping for Peace
There are still many things to be enjoyed, including nature and kind people
Gemini Links 03/04/2026: "Slide Rule Triple Multiplication" and End of "Picture Pages"
Links for the day
Rumours of Microsoft Layoffs This Season
Just how much trouble is Microsoft in at this point?
GNU/Linux Measured at All-Time High in Sweden
Can 'influencers' have played a role
SLAPP Censorship - Part 31 Out of 200: Speaking About 20+ Years of Alleged Harassment/Defamation and High-Profile 'Targets' of Garrett
attempts were made to settle (in effect end the case) by the person who started the case almost half a dozen times along the way
In Asia, Windows is in Its Teens (Below 20%)
On a global scale, Windows is down to about 26%
GNU/Linux Becoming More Universal
It seems likely the end of Vista 10 coinciding with a sharp rise in memory prices (and now energy prices) will benefit GNU/Linux and therefore give us more to write about
Low Morale at IBM and Perception of Destructive Management
IBM is going nowhere, fast
Gemini Links 02/04/2026: Super Mario Galaxy Movie and New Antenna Instance
Links for the day
It Seems Like Google News Cracked Down on (Omitted, Delisted) a Lot of Slopfarms
There's no justification/point in spending so much energy just to plagiarise things poorly
Can Economies Like the American One Hang On?
The coming weeks will be "interesting" unless wars end
Steam Survey for Last Month Says 5.33% Use GNU/Linux
big leap for GNU/Linux
Links 02/04/2026: Science News, Energy Scarcity, Oil Sold in Yuan
Links for the day
Links 02/04/2026: Apple Turns 50, Efforts To Ban VPNs
Links for the day
Gemini Links 02/04/2026: Kubernetes With FreeBSD, OFFLFIRSOCH, and Great Circle Distance
Links for the day
Dr. Andy Farnell on Microsoft Silencing or Deplatforming Opposition in the UK and Elsewhere
Microsoft as a king or a kind of "religion" one cannot question
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 01, 2026
IRC logs for Wednesday, April 01, 2026