04.16.16

Criticisms of the Patent System of the United States, Which is Imposed on the Rest of the World Using Corporate Lobbyists and Attracts or Creates Patent Trolls

Posted in America, Patents at 1:48 am by Dr. Roy Schestowitz

Even Creative is now resorting to creative patent trolling against rivals in the Eastern District of Texas

BLASTING RIVALS WITH PATENTS
By Source (WP:NFCC#4), Fair use of copyrighted material in the context of Sound Blaster

Summary: An outline of recent news about the US patent system, where the prognosis continues to be somewhat negative and hopeless

Patently-O looks at reissue pendency at the USPTO, plotting some graphs and noting, in words: “Reissue applications have resumed their somewhat steady-state following the pre-AIA rise associated that had been associated with a counter strategy against third-party reexamination filings.

“For those issued thus far in 2016, the average reissue pendency is 28 months (median 22 months).”

“The US patent system, more so than peer offices (the famous top 5), is a coercive system of domination and control, not science.”Compare that to the EPO‘s pendency figures, which were discussed here in relation to the EPO’s bogus 'results' that not even examiners and patent lawyers seem to believe.

The US patent system, more so than peer offices (the famous top 5), is a coercive system of domination and control, not science. It has been trying to expand software patents to other countries, for instance. This new article titled “Who the U.S. industrial lobbies pressure on intellectual property” speaks of something we covered here in the context of Wikileaks’ Cablegate, showing how USTR was bullying all sorts of countries into acceptance of US law and so-called ‘property’ (non-physical). “Each year,” says this article, “the United States Trade Representative issues ​the Special 301 Report on Intellectual Property (IP). This ​report, an essential tool in the US trade policy regarding intellectual property, puts pressure on countries that are deemed “not compliant” with the global regime of patents and copyright.”

“Nearly a decade ago we showed how the BSA was lobbying for software patents in Europe.”This is more or less what we wrote here repeatedly half a decade ago. Noting the role of front groups that Microsoft and IBM are part of (Business Software Alliance was actually dumped by IBM): “It is largely influenced by five industrial lobby groups — Pharmaceutical Research and Manufacturers of America (PhRMA), ​Biotechnology Industry Organization (BIO), Business Software Alliance​ (​BSA), International Intellectual Property Alliance​ (​IIPA), and the US Chamber of Commerce’s Global IP Center (USCC)​ —, who submit comments to USTR, listing the countries they want to be scrutinized.”

The BSA represents not only Microsoft (key member) but also some proprietary software firms from the US. Nearly a decade ago we showed how the BSA was lobbying for software patents in Europe.

“Patents for those who hoard all the money and decide how to divide it help remind us that this is not an SMEs’ system, that’s for sure.”Patents are not for small companies but for large companies to perpetually dominate without challenge. That’s not what patents were about when they were first introduced, but things certainly changed. Mass patenting by banks was reported a couple of days ago, nothing: “The articles note that big US banks are applying for more patents than ever before and, in particular, Bloomberg states that banks and payments companies were awarded 36% more granted US patents in the last three-year period than in the prior three-year period. However, statistics quoted by Envision IP indicate that the number of finance and payments patents being granted, both to financial services companies and technology companies, peaked in 2013 and have since declined somewhat.”

Patents for those who hoard all the money and decide how to divide it help remind us that this is not an SMEs’ system, that’s for sure. “US banks are applying for more patents than ever before,” one person quoted the article as saying (he is somewhat of a patents sceptic and definitely an EPO sceptic, his name is Francisco Moreno).

“The US patent system undoubtedly attracts a large parasitic element and unless this is stopped it will severely harm its economy.”According to patent maximalists (IAM), things keep getting worse in the US. Companies that actually produce things face threats from patent trolls (IAM refers to these as NPEs, as usual) and Creative Technology, which was somewhat of a thing back in the 90s, is becoming a patent troll in the Eastern District of Texas, just before its patents expire. The public should ask, who benefits? A company that no longer really produces anything of much value? I loved Sound Blaster audio processing cards, but this latest wave of lawsuits is just parasitic and unnecessary. The US patent system undoubtedly attracts a large parasitic element and unless this is stopped it will severely harm its economy.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

This post is also available in Gemini over at:

gemini://gemini.techrights.org/2016/04/16/uspto-prognosis/

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. The Next Generation of Free Software (or Software Freedom) Activism, Tackling Newer Problems

    New challenges as labour rights and human rights are further eroded, thanks to 'high' 'tech' with its very 'innovative' 'features'



  2. Mass Litigation Over the Salary Adjustment Procedure (SAP), Basically an Attack on All EPO Staff, Even EPO Pensioners

    “Importance of a binding and unambiguous erga omnes declaration” stressed by staff representatives of the EPO in a new letter to Benoît Battistelli‘s successor of choice, António Campinos, who has done nothing so far except attacking (or robbing) EPO staff, even EPO pensioners



  3. EPO 'Dialogue' With Staff Representatives is as Dead as 'Dialogue' With the Union

    “Yet another failure of social [sic] dialogue [sic] for Mr Campinos,” according to staff representatives, who rightly bemoan the Office president not giving a damn about staff; things quickly deteriorate in Europe’s second-largest institution, which does even worse things than granting loads of illegal European software patents (harming software producers and users alike)



  4. The FSF Needs to Reject OSI (and Open Source) Along With Much-Needed Rejection of the GNOME Foundation (Not the Same as the GNOME Project)

    Response to a good little speech (unscripted apparently) by Geoffrey Knauth, who explained his position on Open Source about a year ago



  5. Links 11/5/2021: Bodhi Linux 6.0, Coreboot 4.14, and DragonFly BSD 6.0

    Links for the day



  6. IRC Proceedings: Monday, May 10, 2021

    IRC logs for Monday, May 10, 2021



  7. Keynote by FSF President Geoff Knauth and Executive Director John Sullivan

    To quote the source: “FSF president Geoff Knauth became the president of the FSF in 2020, but has served on the FSF board of directors for over twenty years. FSF executive director John Sullivan started work with the FSF in 2003, and has never stopped since, with past roles including the FSF’s first Campaigns Manager and later the Manager of Operations.”



  8. Richard Stallman on Companies That Are “Only Pretending to be American Companies”

    Dr. Richard Stallman, the Free Software Foundation's founder, speaks about US politics being captured and dominated by large and multinational corporations in pursuit of just money and power



  9. Last Night's Talk by Richard Stallman About Software Freedom

    An inspiring new talk reminds many of us why loads of people continue to support the founder of the Free Software Movement



  10. Links 10/5/2021: Huawei's GNU/Linux Laptops and Kotlin 1.5.0

    Links for the day



  11. Richard Stallman on Writing rm, ls, and cp (Also Working on Bison)

    Dr. Richard Stallman, the Free Software Foundation's founder, explains what programs he developed in the eighties



  12. Raise the Roof

    Out comes the taxpayers’ subsidy, assured; with military the sky is the limit (and bailout guaranteed)



  13. Richard Stallman Replatformed 10 Hours From Now

    Link to the talk (when it goes live)



  14. [Meme] Bill Says, Bill Saves

    Bill Gates seems more likely to be indicted than to win a presidential election/term



  15. IRC Proceedings: Sunday, May 09, 2021

    IRC logs for Sunday, May 09, 2021



  16. According to the Wall Street Journal, Bill Gates’s Relationship with Jeffrey Epstein Caused the Bill-Melinda Divorce (While the Media Deflected to Dr. Stallman, Using a Phony 'Scandal')

    It’s becoming rather obvious that there’s real substance to accusations that Mr. Gates was in some sense enabling Jeffrey Epstein; while Gates-funded media told us that he was saving us from climate change and a pandemic (PR stunts for empathy and sympathy) Melinda worked really hard to distance herself from him, the father of her kids



  17. [Meme] Bill, What's Your Opinion?

    While it's ludicrous to insinuate that Mr. Gates somehow "started" COVID-19 he certainly "rode the wave" for reputation laundering purposes, profit, and distraction from scandals that precede the epidemic in China (and caused his marriage to break down)



  18. Links 10/5/2021: SystemRescueCD 8.03, KeePass 2.48 Released

    Links for the day



  19. How We Process and Upload Videos Hosted in Techrights

    With ffmpeg as the Swiss army knife (and various other utilities/programs ‘in between’) it’s possible to automate much of the pipeline associated with video production and self-hosting



  20. Richard Stallman's Free Software Speech in 2020 (FSF Turning 35)

    We've re-encoded (as WebM) the likely sole/only speech Richard Stallman gave about his movement last year; today seems like a suitable time to republish it because tomorrow a British university/group will replatform him (to use their term)



  21. The Chaos Theory

    Making GNU/Linux less stable and less predictable isn't good for GNU/Linux users; but it certainly helps sell Red Hat support contracts and vexation inside the community weakens Red Hat's competitors



  22. Gemini and Techrights: Still Growing in Gemini Space and Always Supporting/Loving the Protocol

    As we continue to expand in Gemini space (where our very large site became a very large and likely the largest capsule) it's worth explaining some of the overlooked merits of the protocol; unlike the World Wide Web (WWW) it does not impose things on the user/visitor, who is more or less in charge



  23. Links 9/5/2021: KDE Frameworks 5.82.0 Release and Patents Related to COVID Subjected to Waivers

    Links for the day



  24. Act More 'Professional' to Appease Mobs

    We should all think alike, dress alike, and like everybody (especially the business overlords)



  25. IRC Proceedings: Saturday, May 08, 2021

    IRC logs for Saturday, May 08, 2021



  26. Some Background on the Free Speech Society at the University of Buckingham, Where Richard Stallman is Being 'Replatformed'

    A private British university, the University of Buckingham, will 'host' (virtually) the most-defamed person in the Free software world; the Free Speech Society is only two years old and rationality for its existence is explained by its co-founder James Oliver



  27. Web Sites or News Sites Perish When Their Arguments Are Weak and/or Invalid

    "Just be honest!" is a simple motto for any site; but some sites sell out in pursuit of money or grandiosity, unlike us (we turned 14.5 years old on Friday)



  28. GNU/Linux Turns 38 (in 4 Months From Now)

    Contrary to what the Linux Foundation wants you to think, the operating system turns 38 later this year



  29. Richard Stallman: Steve Jobs Did Some Very Bad Things

    Dr. Richard Stallman told me about Steve Jobs that he had helped digitally imprison computer users



  30. GNU/Linux Founder Richard Stallman to Give a Talk at the University of Buckingham Tomorrow (Live Stream)

    Tomorrow it will be possible to watch this new talk live using Free software


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