08.28.21

Gemini version available ♊︎

About Half of the Supposed ‘Growth’ in Patents is Abstract Stuff or ‘Software-Related’ (Patents That Courts Would Quite Likely Reject)

Posted in America, Courtroom, Europe, Patents at 9:37 am by Dr. Roy Schestowitz

Illustrator promptSummary: Despite a disturbing mass-granting trend, wherein quality and legitimacy of patents may matter no more (it’s all about quantity, not quality), the courts are pushing back, both in Europe and in north America; so unless they can miraculously put the courts at the hands of patent maximalists — basically what Team UPC is hoping to achieve to no avail — there’s a massive avalanche ahead (millions of tentatively invalid or fake patents)

LATELY we’ve been writing a great deal about corruption that enabled the lowering of patent quality, human rights, and standards of the sciences (we’re meant to think granted patents and innovations are surrogates). Donald Trump’s regime contributed its fair share to this fiasco (Hungarian/Hungary-born litigation USPTO ‘mole’), but we have our own 'Trumps' right here in Europe (with cross-pollination). They don’t even need to win an election and rally a bunch of violent mobs. We’ve written more than enough about EPO dictators Benoît Battistelli and António Campinos shamelessly promoting patents on software using a plethora of laughable and usually meaningless buzzwords and hype waves. Across the Atlantic they lobbied for the same, seeing that since 2014 (Alice at SCOTUS and 35 U.S.C. § 101) software patents have been mowed down by the thousands in the Federal Circuit and Patent Trial and Appeal Board (PTAB), mostly via inter partes reviews (IPRs), i.e. post-grant.

“Lately we’re been writing a great deal about corruption that enabled the lowering of patent quality, human rights, and standards of the sciences (we’re meant to think granted patents and innovations are surrogates).”Earlier this week Eileen McDermott (editor of Watchtroll) wrote about these fake patents and dubious verdicts. She wrote* : “The U.S. Court of Appeals for the Federal Circuit (CAFC) today reversed a jury verdict for Juno Therapeutics and Sloan Kettering Institute for Cancer Research (Juno), wiping out a $1.2 billion judgment for the entities. The CAFC found that the jury’s verdict with respect to written description was not supported by substantial evidence.”

“CAFC, which still isn’t too eager to allow any of these patents, is without its chief judge Prost (not in charge anymore).”A day or so apart Raymond Millien (also over at Watchtroll) said: “In First Half of 2021, 63% of U.S. Patents, 48.9% at EPO and 40.1% in China Were Software-Related” (so basically questionable if not outright fake patents, even where the law forbids them).

CAFC, which still isn’t too eager to allow any of these patents, is without its chief judge Prost [1, 2, 3] (not in charge anymore). But it’s still insistent. Steve Brachmann (Watchtroll) wrote: “Federal Circuit Affirms [Section] 101 Invalidation of Secure Transaction System Patents in Victory for Apple and Visa…”

“We must confess that we try really hard to find more sources for ‘news’ or noise about patents, but many of the blogs we used to follow have shut down or simply became inactive, especially blogs vocally in favour of software patents.”Here in Europe I constantly find stories about European Patents perishing in courts; well, software patents are also fake patents across the Atlantic — in American courts too…

That’s certainly a relief and good news to software developers.

We must confess that we try really hard to find more sources for ‘news’ or noise about patents, but many of the blogs we used to follow have shut down or simply became inactive, especially blogs vocally in favour of software patents. Their influence is waning, but they will never admit it. That’s just how they operate, projecting confidence to clients while egging them on to pursue more lousy patent and file more lawsuits (even actions that likely go astray at the end, i.e. enriching nobody but the law firms).

To be most frank, having written literally thousands of posts about these issues already, we’d rather focus on new material and revelations. “EPO Exposé: The Besieged Baltic States – Part VI” is due to be published tonight. There has been a lot of interest in this series. We’re also grateful to readers who shifted over to gemini:// and take advantage of better (and lighter) protocols.
____
* All links are omitted in this case because Watchtroll is the only site we refuse to even link to because of its highly aggressive tone and blood-lust-type stance, especially when its founder was still in charge there, constantly attacking judges — left and right — for merely doing the right thing. He has since then softened his tone somewhat.

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. [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)



  2. 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



  3. 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!



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

    Links for the day



  5. 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



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

    Links for the day



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

    Guest post by Ryan, reprinted with permission



  8. 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



  9. 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?



  10. 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



  11. 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)



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

    Links for the day



  13. IRC Proceedings: Sunday, December 05, 2021

    IRC logs for Sunday, December 05, 2021



  14. 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://



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

    Links for the day



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

    Links for the day



  17. 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



  18. [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)



  19. 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



  20. 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)



  21. IRC Proceedings: Saturday, December 04, 2021

    IRC logs for Saturday, December 04, 2021



  22. 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)



  23. 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.



  24. Approaching 100

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



  25. 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)



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

    Links for the day



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

    Links for the day



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

    Links for the day



  29. IRC Proceedings: Friday, December 03, 2021

    IRC logs for Friday, December 03, 2021



  30. Links 4/12/2021: EndeavourOS Atlantis, Krita 5.0.0 Beta 5, Istio 1.11.5, and Wine 6.23; International Day Against DRM (IDAD) on December 10th

    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