Bonum Certa Men Certa

The World is Changing and Patent Law Can Change Either for Better or for Worse

Summary: Recent secret dealings (which are being exposed to the public owing to whistle-blowers) show the degree of coordination and collusion against public interests; it's up to us, the majority, to fight back and tackle this injustice

THE world's disparate legal systems are under attack from so-called 'trade' deals and their dirty dealers. We hardly ever cover this subject (except in daily links), but almost everyone knows the impact of these, owing in part to leaks and public demonstrations which raise awareness. One goal is globalisation (in the negative sense) and a method that is trending these days is 'harminisation' of laws across nations and continents, almost always in a way that makes them more corporations-leaning and plutocrats-friendly. It's not surprising considering who works on these deals in secret. These conspirators are bypassing democracy because they want more for themselves and less for the rest of us. It has a lot to do with patents, which are codified into law to legalise monopolisation, i.e. marginalisation of challenge or competition (even from government, as ISDS comes to demonstrate).



Last week we wrote about what was happening in New Zealand. The so-called 'trade' deals can potentially bring software patents to New Zealand. Here is how one news site from New Zealand put it some days ago: "The Foreign Affairs and Trade Ministry won't say whether New Zealand's laws on software patents will need to be overhauled if agreement is reached on the Trans-Pacific Partnership.

"Parliament passed a law that outlawed software patents "as such" in 2013. The wording of the law change was a compromise that resulted from years of tortuous debate.

"Trade magazine CIO reported that Trans-Pacific Partnership (TPP) leaks suggested Mexico was now the only country against allowing software to be patented.

"The important point here is that some companies are starting to distance themselves from the EPO and USPTO."Here in Europe we already have some loopholes similar to those which exist in New Zealand. These enable some companies to patent software (as long as it's bound to some unspecified "device"). Europe has the Boards of Appeal (BoA) mechanism for independent/external assessment -- not oversight -- of the EPO and it too is being crushed right now (recall the BoA's role in defending against software patents half a decade ago). The BoA is clearly under attack right now, as stories we covered served to show. It wants public input to help save it from the ruthless EPO, which hates to share any of its governance. The European Patent Office is now a totalitarian entity right at the heart of Europe. It must be stopped.

A biased site which targets patent lawyers spoke of an interesting trend the other day, published under the headline "The companies that abandon most US and EPO patents – and shoulder much responsibility for raising quality" (the latter part is spin).

The important point here is that some companies are starting to distance themselves from the EPO and USPTO. Corporate culture may be evolving for the better. "In the latest issue of IAM magazine," says the author, "Matthew Beers and Maria Lazarova of Ocean Tomo take a deep-dive look at patent abandonments data from both the USPTO and EPO. The full article contains a wealth of interesting data but, for the purposes of this blog we’ll take a sneak peek at the findings relating to IP owners and which of them abandon the most patents at both agencies. Perhaps unsurprisingly, about half of the top 50 companies by abandonment volume are also in the top 50 by number of applications filed. What’s more, of the top 50 companies by abandonment volume over the period examined by Beers’ and Lazarova’s analysis, well over two-thirds appear among the top abandoners at both the USPTO and the EPO."

This is bad news for patent lawyers. Over in the US, which expands the USPTO to Silicon Valley (as planned), it is said that there is now "New Guidance on Patent Subject Matter Eligibility". "On July 30," writes a site of patent lawyers, "the United States Patent and Trademark Office (USPTO) released a set of documents providing examiners and practitioners with additional guidance on patent subject matter eligibility. The July 2015 Update responds to comments received from the public following the USPTO’s issuance of the 2014 Interim Guidance (2014 IEG) on December 26, 2014."

It sure looks like they are limiting patent scope. The assignment of patents on software really must stop, at the very least because judges deem these patents patent-ineligible, based on the law (they are not patent examiners, but they know the limits of the law and can enforce the law by exercising their duty).

Just the other day we learned that a famed BitTorrent entrepreneur managed to get a patent on P2P live streaming. TorrentFreak said this "may be the start of a new breakthrough," but we hardly feel excited by the passage of yet another patent on software. This really ought to stop and a good start would be scrutiny of the 'trade' deals, those who facilitate them, the USPTO, the EPO, and politicians who push for the UPC (essentially another so-called 'harmonisation' of law and courts framework). There are many powerful and selfish forces looking to gain power and money at the expense of everybody else, especially scientists. As we are by far the majority, we can repeatedly beat those relentless forces. From awareness comes anger and when the majority is angry the evil forces become fearful and often retreat (see ACTA).

Recent Techrights' Posts

[Meme] The Heart of Staff Rep
Rowan heartily grateful
 
Sven Luther, Lucy Wayland & Debian's toxic culture
Reprinted with permission from disguised.work
Coroner's Report: Lucy Wayland & Debian Abuse Culture
Reprinted with permission from disguised.work
Links 18/04/2024: Misuse of COVID Stimulus Money, Governments Buying Your Data
Links for the day
Gemini Links 18/04/2024: GemText Pain and Web 1.0
Links for the day
Gemini Links 18/04/2024: Google Layoffs Again, ByteDance Scandals Return
Links for the day
Gemini Links 18/04/2024: Trying OpenBSD and War on Links Continues
Links for the day
IRC Proceedings: Wednesday, April 17, 2024
IRC logs for Wednesday, April 17, 2024
Over at Tux Machines...
GNU/Linux news for the past day
North America, Home of Microsoft and of Windows, is Moving to GNU/Linux
Can it top 5% by year's end?
Management-Friendly Staff Representatives at the EPO Voted Out (or Simply Did Not Run Anymore)
The good news is that they're no longer in a position of authority
Microsofters in 'Linux Foundation' Clothing Continue to Shift Security Scrutiny to 'Linux'
Pay closer attention to the latest Microsoft breach and security catastrophes
Links 17/04/2024: Free-Market Policies Wane, China Marks Economic Recovery
Links for the day
Gemini Links 17/04/2024: "Failure Is An Option", Profectus Alpha 0.5 From a Microsofter Trying to Dethrone Gemini
Links for the day
How does unpaid Debian work impact our families?
Reprinted with permission from Daniel Pocock
Microsoft's Windows Falls to All-Time Low and Layoffs Reported by Managers in the Windows Division
One manager probably broke an NDA or two when he spoke about it in social control media
When you give money to Debian, where does it go?
Reprinted with permission from Daniel Pocock
How do teams work in Debian?
Reprinted with permission from Daniel Pocock
Joint Authors & Debian Family Legitimate Interests
Reprinted with permission from Daniel Pocock
Bad faith: Debian logo and theme use authorized
Reprinted with permission from Daniel Pocock
Links 17/04/2024: TikTok Killing Youth, More Layoff Rounds
Links for the day
Jack Wallen Has Been Assigned by ZDNet to Write Fake (Sponsored) 'Reviews'
Wallen is selling out. Shilling for the corporations, not the community.
Links 17/04/2024: SAP, Kwalee, and Take-Two Layoffs
Links for the day
IRC Proceedings: Tuesday, April 16, 2024
IRC logs for Tuesday, April 16, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Inclusion of Dissent and Diversity of Views (Opinions, Interpretations, Scenarios)
Stand for freedom of expression as much as you insist on software freedom
Examining Code of Conduct violations
Reprinted with permission from the Free Software Fellowship
Ruben Schade's Story Shows the Toxicity of Social Control Media, Not GNU/Linux
The issue here is Social Control Media [sic], which unlike the media rewards people for brigading otherwise OK or reasonable people
Upgrading IRCd
We use the latest Debian BTW
The Free Software Community is Under Attack (Waged Mostly by Lawyers, Not Developers)
Licensing and legalese may seem "boring" or "complicated" (depending on where one stands w.r.t. development), but it matters a great deal
Jonathan Cohen, Charles Fussell & Debian embezzlement
Reprinted with permission from disguised.work
Grasping at Straws in IBM (Red Hat Layoff Rumours in 2024)
researching rumours around Red Hat layoffs
GNU/Linux Continues to Get More Prevalent Worldwide (Also on the Desktop)
Desktops (or laptops) aren't everything, but...
Who is a real Debian Developer?
Reprinted with permission from Daniel Pocock
Links 16/04/2024: Many More Layoffs, Broadcom/VMware Probed (Antitrust)
Links for the day
Links 16/04/2024: Second Sunday After Easter and "Re-inventing the Wheel"
Links for the day
Upcoming Themes and Articles in Techrights
we expect to have already caught up with most of the administrivia and hopefully we'll be back to the prior pace some time later this week
Links 16/04/2024: Levente "anthraxx" Polyák as Arch Linux 2024 Leader, openSUSE Leap Micro 6 Now Alpha, Facebook Blocking News
Links for the day
Where is the copyright notice and license for Debian GNU/Linux itself?
Reprinted with permission from Daniel Pocock
Halász Dávid & IBM Red Hat, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Apology & Correction: Daniele Scasciafratte & Mozilla, OSCAL, Albania dating
Reprinted with permission from the Free Software Fellowship
Next Week Marks a Year Since Red Hat Mass Layoffs, Another Round Would be "Consistent With Other Layoffs at IBM."
"From anon: Global D&I team has been cut in half."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 15, 2024
IRC logs for Monday, April 15, 2024