Bonum Certa Men Certa

'IP5' Patent Offices May Have Become the Biggest Threat to the Patent System

All they care about is their profits, not public health and societal/scientific progress

Hot girl and you are ugly meme: Got a patent! Lost the patent in court



Summary: The tendency to 'overgrant' (award patents that are known to have no solid legal ground) erodes both confidence in existing patents and public consent for the patent system; patent offices urgently need to realign themselves w.r.t. law (not profit motive)

BACK in 2018 we still routinely wrote about software patents in the United States, where a new USPTO Director had been appointed, showing disdain towards 35 U.S.C. ۤ 101 and affinity towards patent trolls. As we argued at the time, there's not much he can do to sway judges and caselaw. If he and his administration still granted software patents, they would mostly be eliminated in the courts.



"Those who want to save the patent system or defend a strong, legitimate system will resist the maximalists, including Team UPC, which shamelessly embraces lies and dirty tricks."Judging by everything we've been reading since then (and shelved in Daily Links; we prefer to focus on European Patent Office (EPO) affairs), our prediction was correct and expectations fulfilled. In a sense, the Patent and Trademark Office became a territory of uncertainty. A recent graph (and amended version of it) from Dennis Crouch shows that the USPTO is just granting loads of junk patents, including software patents. But if one carefully reads what's left of news sites or blogs about patents, these almost never withstand the courts' scrutiny. Almost never.

"If we cannot assure patent quality and facts- or evidence-based patent policy (geared towards health, innovation and so on), we cannot have this system at all."Here in Europe, the UK-IPO and 'geniuses' like António Campinos and Benoît Battistelli (with no background in science) support European software patents, even if courts reject them. As we pointed out this morning, Campinos seems to be resisting the judges at BoA, who don't seem to have a taste for software patents (based on a report from yesterday). What will likely happen is, judges will be pressured to allow patents that courts outside the EPO would almost certainly reject. When a granting authority (office) and legal authority (court) cannot agree on what's patentable it reduces confidence in patents. Who benefits from all this? Not inventors. Maybe the law firms benefit because they don't really care about the fate of pertinent patents as long as they're paid for their time.

Those who want to save the patent system or defend a strong, legitimate system will resist the maximalists, including Team UPC, which shamelessly embraces lies and dirty tricks. Or the types who call patents "rights" and "property" (they're neither and claiming otherwise reveals one's agenda, distorting/twisting the role of monopolies in economics).

Techrights is not and was never against patents; it's pro-patent quality. If we cannot assure patent quality and facts- or evidence-based patent policy (geared towards health, innovation and so on), we cannot have this system at all. Think about it.

Recent Techrights' Posts

Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
Girlfriends, Sex, Prostitution & Debian at DebConf22, Prizren, Kosovo
Reprinted with permission from disguised.work
Martina Ferrari & Debian, DebConf room list: who sleeps with who?
Reprinted with permission from Daniel Pocock
 
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Links 24/04/2024: Layoffs and Shutdowns at Microsoft, Apple Sales in China Have Collapsed
Links for the day
Sexism processing travel reimbursement
Reprinted with permission from disguised.work
Microsoft is Shutting Down Offices and Studios (Microsoft Layoffs Every Month This Year, Media Barely Mentions These)
Microsoft shutting down more offices (there have been layoffs every month this year)
Balkan women & Debian sexism, WeBoob leaks
Reprinted with permission from disguised.work
Links 24/04/2024: Advances in TikTok Ban, Microsoft Lacks Security Incentives (It Profits From Breaches)
Links for the day
Gemini Links 24/04/2024: People Returning to Gemlogs, Stateless Workstations
Links for the day
Meike Reichle & Debian Dating
Reprinted with permission from disguised.work
Europe Won't be Safe From Russia Until the Last Windows PC is Turned Off (or Switched to BSDs and GNU/Linux)
Lives are at stake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 23, 2024
IRC logs for Tuesday, April 23, 2024
[Meme] EPO: Breaking the Law as a Business Model
Total disregard for the EPO to sell more monopolies in Europe (to companies that are seldom European and in need of monopoly)
The EPO's Central Staff Committee (CSC) on New Ways of Working (NWoW) and “Bringing Teams Together” (BTT)
The latest publication from the Central Staff Committee (CSC)
Volunteers wanted: Unknown Suspects team
Reprinted with permission from Daniel Pocock
Debian trademark: where does the value come from?
Reprinted with permission from Daniel Pocock
Detecting suspicious transactions in the Wikimedia grants process
Reprinted with permission from Daniel Pocock
Links 23/04/2024: US Doubles Down on Patent Obviousness, North Korea Practices Nuclear Conflict
Links for the day
Stardust Nightclub Tragedy, Unlawful killing, Censorship & Debian Scapegoating
Reprinted with permission from Daniel Pocock
Gunnar Wolf & Debian Modern Slavery punishments
Reprinted with permission from Daniel Pocock
On DebConf and Debian 'Bedroom Nepotism' (Connected to Canonical, Red Hat, and Google)
Why the public must know suppressed facts (which women themselves are voicing concerns about; some men muzzle them to save face)
Several Years After Vista 11 Came Out Few People in Africa Use It, Its Relative Share Declines (People Delete It and Move to BSD/GNU/Linux?)
These trends are worth discussing
Canonical, Ubuntu & Debian DebConf19 Diversity Girls email
Reprinted with permission from disguised.work
Links 23/04/2024: Escalations Around Poland, Microsoft Shares Dumped
Links for the day
Gemini Links 23/04/2024: Offline PSP Media Player and OpenBSD on ThinkPad
Links for the day
Amaya Rodrigo Sastre, Holger Levsen & Debian DebConf6 fight
Reprinted with permission from disguised.work
DebConf8: who slept with who? Rooming list leaked
Reprinted with permission from disguised.work
Bruce Perens & Debian: swiping the Open Source trademark
Reprinted with permission from disguised.work
Ean Schuessler & Debian SPI OSI trademark disputes
Reprinted with permission from disguised.work
Windows in Sudan: From 99.15% to 2.12%
With conflict in Sudan, plus the occasional escalation/s, buying a laptop with Vista 11 isn't a high priority
Anatomy of a Cancel Mob Campaign
how they go about
[Meme] The 'Cancel Culture' and Its 'Hit List'
organisers are being contacted by the 'cancel mob'
Richard Stallman's Next Public Talk is on Friday, 17:30 in Córdoba (Spain), FSF Cannot Mention It
Any attempt to marginalise founders isn't unprecedented as a strategy
IRC Proceedings: Monday, April 22, 2024
IRC logs for Monday, April 22, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Don't trust me. Trust the voters.
Reprinted with permission from Daniel Pocock
Chris Lamb & Debian demanded Ubuntu censor my blog
Reprinted with permission from disguised.work
Ean Schuessler, Branden Robinson & Debian SPI accounting crisis
Reprinted with permission from disguised.work
William Lee Irwin III, Michael Schultheiss & Debian, Oracle, Russian kernel scandal
Reprinted with permission from disguised.work