02.24.16

Gemini version available ♊︎

IBM and Other Giant Multinationals Upset That Software Patents Are Increasingly Rejected in the US, Now India

Posted in America, Asia, IBM, Patents at 6:23 am by Dr. Roy Schestowitz

Oh, the poor baby, IBM…

A baby angel

Summary: The rather revealing response from patent aggressors and maximalists to the current international trend, which (with the exception of the EPO in Europe) cracks down on software patents

PUTTING aside the EPO for a moment, much needs to be said about software patents in general. According to these new raves [1, 2], companies continue to disguise software patents as hardware, in this particular case “patents for its groundbreaking WOS Object Storage software.”

“IBM should take the hint and stop lobbying for software patents in Europe and Zealand, not to mention India.”Remember that not only in Europe, New Zealand and India has it become hard (if not impossible) to patent “abstract” software, unless it’s described as tied to some physical hardware (like “storage”). In the US too, much more so after Alice, it has become harder to patent software, and especially to assert a software patent in a US court of law. As the FFII’s President correctly pointed out, however, “ISDS tribunals will be able to interpret the “patents for all fields of technology” of TRIPS in order to grant swpats [software patents] and trump Alice.” We may cover this subject some other day.

Don’t underestimate the tricks of patent lawyers. Their biggest clients are large corporations, often foreign. Many of them depend on software patents for a living. Here is Australian patent lawyer Justin Blows dissecting a US case (Ameritox Ltd v Millennium Health) and saying, “Does this explain software patentability in the US?”

To quote Blows: “People trying to understand the patentability of software, particularly in the US, often go to the US Supreme Court decision Alice. To many this decision is difficult to understand.

“Consequently, it is always interesting to have a Judge comment on what they think Alice is about.”

Now, remember how Manny Schecter (IBM) was pushing India towards software patents? Here he is highlighting “More stats on the rise in 101 #patent application rejections after the Alice decision” (IBM must not be happy about it) and here he is sort of lobbying (shaming tactics) for software patents in India, rather than just recognise that things have changed. It’s rather insulting to Indians.

IBM should take the hint and stop lobbying for software patents in Europe and New Zealand, not to mention India. Dear Indians, please take note of what IBM has been doing in your country (see this Wiki page about software patents in India for background), even after India's latest shoot-down of software patents (there were additional press reports about it, e.g. [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15] on Monday on Tuesday, with Tuesday links in the higher numbered citations).

For the IBM chief, based on his tweet, it’s a case of copy or innovate. Nice false dichotomy he got there. Either you patent software (meaning innovation) or you don’t, meaning you just copy, or rip off. Who is he kidding? Is it now fashionable to use anti-China tactics against Indians?

Going back to the US case, see this article titled “Who Is Alice, And Why Is She Driving Patent Attorneys Mad As Hatters?”

This new article states: “Every so often, the Supreme Court hands down a case that causes a seismic shift in our legal system. Constitutional law professors wax poetic about Marbury v. Madison and McCulloch v. Maryland. News analysts loudly denounce Citizens United: “Corporations aren’t people!” But ask a patent attorney for an example of such a case and you are likely to witness a ten-minute diatribe on the shortcomings of Alice Corp. v. CLS Bank Int’l (2014).”

There are some very interesting statistics there from Juristat (the ones Schecter linked to). As the text explains: “This line represents the percentage of all patent rejections based on section 101. In May 2014, that percentage was only 7%. By August 2014, it nearly doubled to 12%. As of August 2015, section 101 rejections made up 15% of all rejections issued at the USPTO. That’s a massive increase, especially considering that software patents represent only a small portion of applications handled at the USPTO.”

Watch what Alice has been doing to software patents in the US. As it turns out, there is patent arms trade between China and the US right now, as Intel offloads a lot of patents onto Xiaomi. Remember that Intel is a proponent of software patents and has many software patents of its own (we covered this in past years).

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. 38+ Years of GNU and 19+ Years of FSF Associate Membership

    “On November 25, 2002,” Wikipedia notes, “the FSF launched the FSF Associate Membership program for individuals.” As the above video points out, it all started almost 40 years ago.



  2. Gemini as a Platform for Gamers

    Contrary to what people often assume (or are led to assume), even without client-side scripting Gemini can accomplish a great deal; early adopters, many of whom are technical, test the limits of the very minimalistic (by design and intention) specification



  3. Improved Workflows: Achievement Unlocked

    Today we've completed a bunch of small projects that can make us more efficient (e.g. more Daily Links per day, more articles); the above video was recorded many hours ago to accompany the outline below



  4. Links 26/11/2021: New Complaint About Microsoft Competition Crimes in Europe, EuroLinux 8.5, GhostBSD 21.11.24, and Kiwi TCMS 10.5 Released

    Links for the day



  5. Links 26/11/2021: F35 Elections, Whonix 16.0.3.7, OSMC's November Refresh With Kodi 19.3

    Links for the day



  6. IRC Proceedings: Thursday, November 25, 2021

    IRC logs for Thursday, November 25, 2021



  7. IRC Proceedings: Wednesday, November 24, 2021

    IRC logs for Wednesday, November 24, 2021



  8. Links 25/11/2021: PHP 8.1.0 Released and Linux 5.15.5

    Links for the day



  9. IBM as Master of Hypocrisy

    Free software projects and Free software developers have long been humiliated by corporations of Western misogynists, falsely claiming that the Free software community isn’t inclusive enough (these are shameless projection tactics; as a matter of public record, the exact opposite is true) and even the eradication of supposedly offensive language isn’t something IBM takes seriously



  10. Links 25/11/2021: LibreOffice 7.2.3 and Mesa 21.2.6 Released

    Links for the day



  11. [Meme] So Desperate That Edge Cannot Even Exceed 4% That They Block Rival Web Browsers

    Linux/Android/Free Software/GNU (they go by very many names/brands) may continue to grow to the point where Windows is as irrelevant as Blackberry; this means that Microsoft’s grip on the Web too has slipped — to the point where Microsoft frantically uses 'bailout' money to hijack LinkedIn, GitHub, etc. (it also rebrands almost everything as "Azure" or clown to fake a perception of growth)



  12. Windows Vista Service Pack 11 (Vista 11) Has Failed to Curb the Growth of GNU/Linux

    Windows market share continues to decrease in spite of billions of dollars spent bribing the media for fake hype, especially in light of a new Windows Service Pack (SP), Vista SP 11



  13. Links 25/11/2021: Proton 6.3-8 and Linux Mint Compared to Ubuntu

    Links for the day



  14. 3.5 Years Later the 'Master' of Fedora is Still Microsoft and IBM Cannot Be Bothered to Alter Git Branch Names (Refuting or Ignoring Its Very Own Directive About Supposedly Racially-Insensitive Terms)

    Today we demonstrate the hypocrisy of IBM; years after telling us that we should shun the term "master" and repeatedly insisting it had a racist connotation at least 65 Fedora repositories, still controlled by Microsoft, still use "master"



  15. Changing the Arrangement While News is a Bit Slow(er)

    I've made it easier for myself to keep abreast of things like IRC channels and networks (incidentally, a day ago Freenode reopened to anonymous logins) and I've improved monitoring of the Web sites, Gemini capsule etc. (this video is unplanned and improvised)



  16. Links 24/11/2021: Alpine Linux 3.15 and Endless OS 4.0 Released

    Links for the day



  17. [Meme] Jimmy Zemlin Loves Microsoft

    It’s funny, isn’t it? Lying for a living and sucking up to the liars pays off; you get to plunder actual Linux users while leaving Linux morally and financially bankrupt



  18. Links 24/11/2021: PHP Foundation and Flatpak Criticisms

    Links for the day



  19. IRC Proceedings: Tuesday, November 23, 2021

    IRC logs for Tuesday, November 23, 2021



  20. Links 24/11/2021: Rust Crisis and Team UPC Still Faking 'Progress'

    Links for the day



  21. Links 23/11/2021: New GNU Parallel and Memories of David H. Adler (Perl, Raku)

    Links for the day



  22. In Light of Fast-Accelerating Deterioration -- Sometimes Weaponisation -- Getting Off the World Wide Web (to the Extent Feasible) Makes You Saner and Less Susceptible to Manipulation, Lies

    Almost no sites are speaking about it (probably because they have no presence on the Internet except on the Web), but it's time to motivate more people to get off the Web, for their own good and for society's sake...



  23. Black Friday SPAM on the World Wide Web: A Reminder That the Web is a Dying Platform, Languishing Due to Marketing and Misinformation

    The junk that overruns the Web this 'Black Friday' week (consumerism 'on steroids') is a good reminder that the Web isn't healthy for the mind anymore; it's mostly spying on people, trying to compel them to buy particular things or vote a certain way



  24. Microsoft-Led Misinformation Campaign About Germany and Munich Reminds Us That Microsoft Hates and Actively Undermines GNU/Linux Adoption

    Regarding the latest moves to GNU/Linux in Germany we have 3 points to make



  25. Links 23/11/2021: Libreboot 20211122, Deepin Linux 20.3, Amazon Linux 2022, and Mabox Linux 21.11 Released

    Links for the day



  26. IRC Proceedings: Monday, November 22, 2021

    IRC logs for Monday, November 22, 2021



  27. Links 22/11/2021: EasyOS Dunfell 3.1.11, Microsoft 'Extends' Mesa for Windows

    Links for the day



  28. Microsoft's GitHub is Hugely Toxic and It Censors Critics of Corporations or People Sceptical of Those in Power

    Sociopaths have taken over GitHub and control over GitHub (by Microsoft) is being shamelessly misused, just as we’ve warned all along; GitHub is social control media/network for code, asserting control over projects and developers by means of censorship and other sanctions



  29. EPO Staff Engagement Survey Predates the Pandemic and Provides False Assumptions for EPO Policies or Policy-Setting

    The EPO ticks a box for "surveying the staff", but is it actually listening? Is that done often enough? It was last done almost 3 years ago...



  30. Links 22/11/2021: Claws Mail 4 Enters Debian and Catch-up With Legal Matters

    Links for the day


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