Bonum Certa Men Certa

The Horrible State of the US Patent System With Its Infamous Software Patents and the Latest Deception From Patent Lawyers-Dominated Media

Sheep can be bamboozled by the patent wolves in sheep clothing

Sheep and wolf



Summary: A roundup of recent articles about software patents and how media which targets patent lawyers (and is often managed and authored by them) covered the subject

THE US patent system has attracted worldwide ridicule for patent trolls and for low-quality patents. It got a lot worse in recent years as the number of granted patents doubled (without innovation actually doubling). A new article by Daniel Nazer from the EFF, who dunked his article in at least a couple of places [1, 2], is putting to shame a software patent. "This month," he wrote, "we feature yet another patent that takes an ordinary business practice and does it on a computer. Our winner is US Patent No. 8,738,435, titled "Method and apparatus for presenting personalized content relating to offered products and services." As you might guess from its title, the patent claims the idea of sending a personalized marketing message using a computer."



"Who benefits here other than the patent 'industry'?"These patents tend to be as trivial as they sound. No wonder a lot of patent trolls strike everywhere and people are shocked by the poor patent quality at the USPTO, where almost every patent application is now successful. To invalidate patents in a court it costs a lot of money, so settlement is often a lot cheaper, even when the patent at hand is provably bogus. Consider Apple's "Slide-to-Unlock" patent, which we wrote about before (even years ago). Apple's latest patent loss was covered by Professor Dennis Crouch a few days later and IAM meanwhile showed that it's rather upset because phones are to be sold at a price less than patent tax (‘royalties’). This massive patent tax, which can artificially bring the price of phones up to $1000 apiece, helps patent laywers and maximalists. Why did it take so many years for the courts to finally be convinced that the stupid "Slide-to-Unlock" lunacy is not patent-eligible? Will Apple appeal (or petition to appeal), ensuring this drags on in the courts for several more years to come? Who benefits here other than the patent 'industry'? Who foots the bill if not Samsung, which can pass down the cost of litigation to customers?

"They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists."The patent maximalists have just noted "a record year [2015] for" realisation that many patents granted by the USPTO should never have been granted in the first place. It's about PTAB, which we wrote about the other day. "This is the year the US patent pendulum swings back," said another new headline from patent maximalists, noting: "It’s been tough going for patent owners in the US over recent years, with legislation, the courts and the Patent Trial and Appeal Board at the USPTO increasing uncertainty over validity and enforcement; this has reduced the incentives alleged infringers have to make deals, while also pushing down patent values. Now, though, things may be about to change..."

They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists. "Examiner's comment regarding use of DDR Holdings in 101/Alice rejection," was noted by Patent Buddy the other day, "everyone argues that case and we don’t know what it means."

"Objective analysis or salesmanship?"Another site of patent maximalists (although a more restrained one when it comes to that) took note of PTAB and asked: "Does the Patent Act permit the Patent Trial and Appeal Board to make inter partes review institution decisions?"

In simple terms, all the above are very much concerned about the ability to kill patents even without them being brought before a court (patent litigation). What we strive to show here is the sheer bias, where those who profit from patents but don't actually make anything bemoan the new reality (post-2012 and post-2014, one being a reform and the latter being Alice at SCOTUS).

Trying to get software patents in Singapore? Well, as viewed from patent maximalists' eyes (MIP), that's all fine and dandy. Trying to get software patents in Korea? HANOL Intellectual Property & Law is trying to help with its 'opinions' and 'articles'. The situation is explained by patent lawyers in Korea. Objective analysis or salesmanship?

"We blame this on self-serving patent lawyers steering it all, from media to policy."Looking at IAM, another one of those patent maximalists' sites, even the Chinese patent bubble is noted there [1, 2]. Surely they hope that not only Europe but east Asia too will follow the terrible model of the US patent system. Here they are fawning and drooling over patent trolls in Europe -- trolls from whom they can make money. Patent thickets and patent taxes are being broadened even further with all sorts of aggregates like WiLAN, so patent lawyers show some glee (with revenue steams like these, what lawyers would not be jubilant?) and say: "This deal comes amid what has been a transformative period for WiLAN. Last June it acquired a portfolio of around 7,000 assets formerly owned by Qimonda. It followed that by announcing that it had agreed a privateering deal with Freescale Semiconductor in which Freescale agreed to transfer more than 3,300 patents to the NPE" (it means patent troll).

There is so much misinformation out there about patents. We blame this on self-serving patent lawyers steering it all, from media to policy. Technical people must at least try to get involved and get the record straight, otherwise they'll get harmed.

Pieter Hintjens, the former President of the FFII, said some days ago: "A lesson I learned many years ago, fighting software patents: if your communities don't do politics, politics will do you." He then added: "To do politics: identify your enemy, understand them, then raise their costs to an unbearable level."

Recent Techrights' Posts

"Use Wayland" Isn't a Bugfix for X (X11 is Still Necessary)
They tell us X is "dead" and we must all be herded into Wayland ASAP
The New Head of OSI is an "Hey Hi" (AI) Obsessed Person
when Bryant says "AI" that doesn't mean AI
"Governments, local authorities, schools and hospitals can lead by example by procuring only Free Software"
Crossposted from Tux Machines
Cindy Cohn Leaving the Electronic Frontier Foundation While Its Co-founder John Gilmore, Whom She Apparently Helped Oust, Will Celebrate 40 Years of the Free Software Foundation, Inc.
EFF has been busy hoarding GAFAM money, whereas the latter is where all the real activism is done
"Google is Googlebombing KDE's Project Banana"
So is Google googlebombing KDE's Project Banana? You decide.
Some Very Large IRC Networks Are Growing
IRC will turn 38 next year
What Ruben Amorim and Stefano Maffulli Have in Common
Censors Wikipedia and Social Control Media
Microsoft Won't Cooperate in Trying to Tackle EPO Corruption (Microsoft Profits From This Corruption)
Use something like BigBlueButton, Jami, Ring, and Jitsi instead
 
Back Doored Windows Giving GNU/Linux a Hard Time (Under the Guise of 'Security')
Is this complication intentional? Most likely, yes
Links 16/09/2025: Science, Security, and Conflicts
Links for the day
Gemini Links 16/09/2025: Command-line Options in POSIX Shell and Introducing Acre 0.9
Links for the day
Microsoft 'Secure' Boot Versus Dual Boot With GNU/Linux
they're meant to assume everything is OK
Links 16/09/2025: While Oracle Pretends to be Rich It's Firing About 70 MySQL Workers, "Oracle's Revenge" (Faking Demand With "AI")
Links for the day
Microsoft Has Just Published a New Web Page About "Secure Boot Update Process" (Microsoft Also Admits Issues; PCs Can Stop Booting)
Why was this page issued and published only hours ago?
Microsoft Lunduke: I Spread Hate and Then I Receive Hate
Cry us a river, Microsoft Lunduke
"Disable Secure Boot and Fast Boot. Wipe and Start Over."
At least they didn't say, buy a new computer...
The Oracle Ponzi Scheme
Oracle isn't doing well, but it's nowadays fashionable to say "clown" and "hey hi" to prop up one's stock, even based on nothing at all
Taking Out the Battery, Opening Up Your Computer, Just Like a "Normie" Would
At this stage, any person who still says "enable Secure Boot" is misguided or persuaded by companies that sell rootkits
Slopwatch: Serial Sloppers and Slopfarms Still Infesting Google News (Fake 'Articles' About "Linux" Spreading FUD)
searching for "Linux" today yields a lot of FUD
The Reach of Techrights Has Broadened
We nowadays cover a broader range of issues
Complicating Things for No Actual Benefit, Just Added Risk and More Difficulties Adding GNU/Linux and BSDs
Watch what it's like for people who wish to use BSDs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 15, 2025
IRC logs for Monday, September 15, 2025
Links 16/09/2025: Autumn Party, RPG Planet, and Optical ROOPHLOCH
Links for the day
Geminispace Growing at Pace of Over 10% Per Year
Contrary to what some pessimists try to claim
Linux Mint Forums Today: Disable 'Secure Boot', It Doesn't Improve Security, It's Just a Microsoft Obstacle to GNU/Linux Users
They also mention MOK
Solved Less Than an Hour Ago: Trying to Escape Windows, 'Secure Boot' Gets in the Way
'Secure Boot' wasn't meant to even exist in the first place
Stefano Maffulli, Executive Director of the Open Source Initiative, Resigns or Gets Removed (We'll Continue Covering OSI Scandals)
A dozen mentions of "AI", not much about "Open Source"
Andy Has Just Nailed It (Regarding Complexity and Failure, a la UEFI)
The users no longer own or control what they buy
Compatibility Support Module (CSM) Versus GNU/Linux Simplicity
what Andy recently called "solutionism"
Links 15/09/2025: "Postal Traffic to US Down by Over 80%" and 'Smart' Spinozacampus Laundry Room Goes AWOL
Links for the day
Gemini Links 15/09/2025: Dungeon Hustle and Deleting Oneself From the Net
Links for the day
Breach of EPO's Duty of Care or Cigna Reimbursement Issues
This is the sort of thing that motivated Luigi Mangione to assassinate a CEO
Ask Ubuntu About "Secure Boot" Violation and Laptops That Don't Boot GNU/Linux
Does anyone still believe that "Secure Boot" has anything at all to do with security?
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
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.
Gemini Links 14/09/2025: ROOPHLOCH, Music, and Reddit
Links for the day
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
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