08.03.15

Gemini version available ♊︎

The Latest on Patent ‘Reform’ in the US: GOP Media Deception, Healthwashing Patents, and SIIA Lobbying

Posted in Patents at 6:54 am by Dr. Roy Schestowitz

It’s all about might and power (rich people can buy law), not objective assessment of public interests

Semi trailer

Summary: Techrights looks at the more prominent actors driving patent policy in the US, with budget to absorb and agenda to lobby for

THE efforts to make a ‘reform’ happen in the US patent system have not been receiving much media coverage, not in the past week anyway. As we have pointed out before, such efforts mostly or only target patent trolls anyway, so they are incomplete. “Give existing reforms a chance to kill patent trolls,” said this article from last week (the headline speaks only about patent trolls). “Over 8 million patents later,” the author said, “we’ve moved from fertilizer to a revolution in genetics and digital technologies. Thousands of patents have issued on computer software and methods of doing business.” Well, so patent scope is certainly a problem, why focus just on trolls?

“Patent Reform Is Not a Left Wing Thing,” said the Independent blog a week ago while GOP-leaning media is still fighting against patent reform. Here is a notable right-wing site attacking the Innovation Act by stating: “Congressman Goodlatte’s Innovation Act (H.R. 9) is too broadly written and will penalize numerous inventors and companies who develop and commercialize patented innovation. Further, it is based on flawed and unreliable data about “patent trolls.” Rather than rushing to pass this legislation, we should slow down and ask more questions. Only by asking questions will we understand the potential downfalls, unintended consequences, and effects on all stakeholders of the innovation economy.”

The corporate media took a stance similar to that of the GOP. “We Must Not Weaken the Patent Laws that Lead to Cures” was the headline in NewsWeek and Wall Street media uses the ‘health’ card too (painting patents as “healthy” or “life-saving”). To quote: “In 2012, CardioNet, a BioTelemetry subsidiary, filed suit against MedTel24, Inc. and other Companies in the United States District Court for the Eastern District of Pennsylvania for patent infringement. CardioNet sought an injunction against each defendant, as well as monetary damages. The defendants asserted counterclaims alleging the patents in the suit were invalid and not infringed.”

Andrew Chung, over at Reuters, wrote about UnitedHealth getting sued on antitrust claims. It’s about patents and more specifically misuse of patents to actually harm lives and damage health. To quote Chung: “Nearly four months after a California healthcare software company won a patent infringement verdict against UnitedHealth Group, it filed a new lawsuit alleging the insurance giant obtained its patents fraudulently and violated federal antitrust laws” (not a unique situation).

Over at lobbyists’ media and sites that repost articles (not really news sites), the SIIA (lobby which we wrote about before [1, 2, 3, 4]) pushes to crack down on trolls. The writer describes himself as “vice president for public policy at the Software & Information Industry Association, the principal association for the software and digital content industries, and a leading authority on U.S. tech policy.”

Looking at the SIIA’s Web site and recalling what we wrote about it over the years, it can do both good and evil because some of the time it lobbies for interests of its proprietary software component (members).

In summary, the debate over ‘reform’ continues in the media, but it is dominated not by scientists but politicians and other lawyers, including lobbyists. Conveniently they use the “health” metaphors to give the illusion that lives are at stake. It’s that infamous “do X or many people ARE GOING TO DIE” trickery.

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. IRC Proceedings: Monday, December 06, 2021

    IRC logs for Monday, December 06, 2021



  2. [Meme] Rowing to the Bottom of the Ocean

    The EPO‘s Steve Rowan (VP1) is failing EPO staff and sort of “firing” workers during times of crisis (not at all a crisis to the EPO’s coffers)



  3. EPO Gradually Reduced to 'Fee Collection Agency' Which Eliminates Its Very Own Staff

    Mr. Redundancies and Mr. Cloud are outsourcing EPO jobs to Microsoft and Serco as if the EPO is an American corporation, providing no comfort to long-serving EPO staff



  4. Linux Foundation 2021 Annual Report Made on an Apple Mac Using Proprietary Software

    Yes, you’re reading this correctly. They still reject both “Linux” and “Open Source” (no dogfooding). This annual report is badly compressed; each page of the PDF is, on average, almost a megabyte in size (58.8 MB for a report of this scale is unreasonable and discriminates against people in countries with slow Internet connections); notice how they’re milking the brand in the first page (straight after the cover page, the 1991 ‘creation myth’, ignoring GNU); remember that this foundation is named after a trademark which is not even its own!



  5. Links 7/12/2021: OpenIndiana Hipster 2021.10 and AppStream 0.15

    Links for the day



  6. Microsoft “Defender” Pretender Attacks Random Software That Uses NSIS for installation; “Super Duper Secure Mode” for Edge is a Laugh

    Guest post by Ryan, reprinted with permission



  7. Links 6/12/2021: LibreOffice Maintenance Releases, Firefox 95 Finalised

    Links for the day



  8. “Wintel” “Secure” uEFI Firmware Used to Store Persistent Malware, and Security Theater Boot is Worthless

    Guest post by Ryan, reprinted with permission



  9. No Linux Foundation IRS Disclosures Since 2018

    The publicly-available records or IRS information about the Linux Foundation is suspiciously behind; compared to other organisations with a "tax-exempt" status the Linux Foundation is one year behind already



  10. Jim Zemlin Has Deleted All of His Tweets

    The Linux Foundation‘s Jim Zemlin seems to have become rather publicity-shy (screenshots above are self-explanatory; latest snapshot), but years ago he could not contain his excitement about Microsoft, which he said was "loved" by what it was attacking. Days ago it became apparent that Microsoft’s patent troll is still attacking Linux with patents and Zemlin’s decision to appoint Microsoft as the At-Large Director (in effect bossing Linus Torvalds) at the ‘Linux’ Foundation’s Board of Directors is already backfiring. She not only gets her whole salary from Microsoft but also allegedly protects sexual predators who assault women… by hiring them despite repeated warnings; if the leadership of the ‘Linux’ Foundation protects sexual predators who strangle women (even paying them a salary and giving them management positions), how can the ‘Linux’ Foundation ever claim to represent inclusion and diversity?



  11. Microsoft GitHub Exposé — Part IX — Microsoft's Chief Architect of GitHub Copilot Sought to be Arrested One Day After Techrights Article About Him

    Balabhadra (Alex) Graveley has warrant for his arrest, albeit only after a lot of harm and damage had already been done (to multiple people) and Microsoft started paying him



  12. The Committee on Patent Law (PLC) Informed About Overlooked Issues “Which Might Have a Bearing on the Validity of EPO Patents.”

    In a publication circulated or prepared last week the Central Staff Committee (CSC) of the EPO explains a situation never explored in so-called 'media' (the very little that's left of it)



  13. Links 6/12/2021: HowTos and Patents

    Links for the day



  14. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  15. Gemini Space/Protocol: Taking IRC Logs to the Next Level

    Tonight we begin the migration to GemText for our daily IRC logs, having already made them available over gemini://



  16. Links 6/12/2021: Gnuastro 0.16 and Linux 5.16 RC4

    Links for the day



  17. Links 5/12/2021: Touchpad Gestures in XWayland

    Links for the day



  18. Society Needs to Take Back Computing, Data, and Networks

    Why GemText needs to become 'the new HTML' (but remain very simple) in order for cyberspace to be taken away from state-connected and military-funded corporations that spy on people and abuse society at large



  19. [Meme] Meanwhile in Austria...

    With lobbyists-led leadership one might be led to believe that a treaty strictly requiring ratification by the UK is somehow feasible (even if technically and legally it's moot already)



  20. The EPO's Web Site is a Parade of Endless Lies and Celebration of Gross Violations of the Law

    The EPO's noise site (formerly it had a "news" section, but it has not been honest for about a decade) is a torrent of lies, cover-up, and promotion of crimes; maybe the lies are obvious for everybody to see (at least EPO insiders), but nevertheless a rebuttal seems necessary



  21. The Letter EPO Management Does Not Want Applicants to See (or Respond to)

    A letter from the Munich Staff Committee at the EPO highlights the worrying extent of neglect of patent quality under Benoît Battistelli and António Campinos; the management of the EPO did not even bother replying to that letter (instead it was busy outsourcing the EPO to Microsoft)



  22. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  23. EPO-Bribed IAM 'Media' Has Praised Quality, Which Even EPO Staff (Examiners) Does Not Praise

    It's easy to see something is terribly wrong when the people who do the actual work do not agree with the media's praise of their work (a praise motivated by a nefarious, alternate agenda)



  24. Tux Machines is 17.5 Years Old Today

    Tux Machines -- our 'sister site' for GNU/Linux news -- started in 2004. We're soon entering 2022.



  25. Approaching 100

    We'll soon have 100 files in Git; if that matters at all...



  26. Improving Gemini by Posting IRC Logs (and Scrollback) as GemText

    Our adoption of Gemini and of GemText increases; with nearly 100,000 page requests in the first 3 days of Decembe (over gemini://) it’s clear that the growing potential of the protocol is realised, hence the rapid growth too; Gemini is great for self-hosting, which is in turn essential when publishing suppressed and controversial information (subject to censorship through blackmail and other ‘creative’ means)



  27. Links 4/12/2021: IPFire 2.27 Core Update 162 and Genode OS Framework 21.11

    Links for the day



  28. Links 4/12/2021: Gedit Plans and More

    Links for the day



  29. Links 4/12/2021: Turnip Becomes Vulkan 1.1 Conformant

    Links for the day



  30. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021


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