Bonum Certa Men Certa

European, Indian and American Patent Systems: Time for a Reform

Software patents protest against EPO



EPO Exposes Itself, Microsoft Exploits It



Since the latest development at the European Patent Office had occurred, we've posted a couple of items to explain how deplorable it was [1, 2]. Glyn Moody wrote a critical article about it, as well. To quote just a fragment:

Court decisions on whether software patents are permissible within Europe have see-sawed wildly, with some decisions in favour being counterbalanced by others that confirm that software cannot be patented “as such”. Unfortunately, those meaningless weasel words “as such” have provided a tiny opening for proponents of software patents – typically large companies that want to use intellectual monopolies to stifle competition, and software patent lawyers who want more lucrative business – that the latter are constantly trying to widen.

[...]

One trick that has been tried by software patent lawyers is to define something called a “computer-implemented invention”, which is basically a repackaging of software to include a technical effect in order to be patentable.


Digital Majority has found some more evidence of what was mentioned last week. Under many people's noses, Microsoft is already applying for software patents in Europe, and quite successfully in fact.

Last week Marshall Phelps observed that Europe thinks it does not grant software patents, but that actually it does. When the enlarged board answers the president’s questions, maybe we can all have the same certainty as Microsoft’s VP of IP Strategy and Policy.


India's Law Bypassed by Multi-nationals



It's happening again, but this time around, Google deserves the blame. Previously it was Microsoft, Nokia, and BT. They are trying to obtain patents on software-implemented methods, despite the fact that Indian patent laws forbid it.

Google has filed for a patent in India, for a map based local search application. This appears to essentially be a patent for Google Local on Mobile, a service launched in 2005, and subsequently renamed/replaced by Google Maps for mobile.


This is a soft patent.

Indians needs to respond to it [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] as the issue won't just go away. In absence of opposition, it's bound to get worse over time.

"Value your freedom or you will lose it, teaches history. "Don't bother us with politics," respond those who don't want to learn."

--Richard Stallman



Companies will always strive to seize ownership not only of physical things, but also content and even simple ideas. "Greed knows no bounds," as Microsoft once exclaimed so hypocritically, so it's time to stand up against this.

The Klausner Troll



A report from Reuters suggests that another patent troll got its way. It is a very silly software patent which this dispute involved. The patent was discussed (ridiculed) in several Web sites before.

Klausner said it granted Verizon Wireless, owned by Verizon Communications Inc and Vodafone Group, a patent license related to voice message alerts.


Here is a less restrained coverage of this.

Before you get uppity about having us call Klausner Technologies a patent troll, consider what they’ve been doing since their invention of the PDA: Suing everyone under the sun who has used visual voicemail.


As the post above shows, there is still resentment and denouncement of the term "patent troll." It's disappointing to find the IEEE entertaining defenders of patents trolls. Why would they sink to this level?

Need for Reform



NetApp appears to be suffering quite badly. Yesterday alone there was some evidence in the news, including the cancellation of their User Conference.

NetApp chucks staff at OS merger



[...]

Frustrated by drawn-out development schedules, NetApp has put all its US-based engineers to work on merging 7G and GX, its two ONTAP operating systems.





In another sign of how far-reaching the economic downturn has become, NetApp on Monday said it plans to cancel its user conference scheduled for February next year.


Like several other struggling companies (e.g. Avistar [1, 2, 3, 4, 5, 6, 7, 8]), they seem to be using their patents offensively, hoping to make a buck this way. The problem is that they attack Free/open source software projects. We covered this before. NetApp writes about this in one of its blogs. Witness the chaotic state of affairs (or general state) of the patent office, which has not yet suffered the wrath of budget cuts.

The patent office currently has a backlog of 730,000 patents, and they can’t hire fast enough to close the gap. Waiting could take years.


Government officials elevated the USPTO's funding a few months ago, but is it sustainable in these difficult times? There seems to be unrest, lack of resources, and dissatisfaction from applicants. Over at Groklaw, this court case is being covered as well. The conclusion?

I vote for a new system, frankly. This one, as the NetApp-Sun litigation is just the most recent proof, is seriously broken.


Amen to that.

Comments

Recent Techrights' Posts

The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
IBM's Age Discrimination Leads Workers to Contemplate Suicide While the CEO Becomes Billionaire for Lying to the Press and Faking Performance (Fraudulent Accounting)
IBM avoids issuing WARM notices
 
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day
If Your Software Project Welcomes Bots, Then All You'll Have Left at the End Is Bots (Same for Sites Which Permit LLM Slop; They End up as Slopfarms and No Human Wants to Contribute Anymore)
A "slippery slop."
Clownflare Affirms Disturbing Trend of Web Monoculture (Which Extents to Clownflare Itself)
Clownflare itself is another layer of the same problem
The Open Web Is Not Coming Back
the open Web going out of control
Tell Me Something I Don't Know
Those who have a stake in the secrecy would do anything to maintain secrecy
Gemini Links 10/08/2026: Recollections and Washing Machine That Only Last a Few Years
Links for the day
Claims of Mass Layoffs at IBM (in Finance)
IBM tries hard to maintain an illusion of normality - to the point of viciously censoring critics and whistleblowers.
The Slop Bubble (Pyramid Scheme) is Becoming Bigger and Everyone Should be Terrified (Its Implosion Will Cause More Damage)
there's no plan for a turnaround
Microsoft and Apple Lose Ground to GNU/Linux in the United States
This contributes a lot to the international curve
Escaping Ads
When users do not want ads, then no ads should show up, period
For Second Year in a Row Software Freedom Conservancy (SFC) Loses Money (Over $3,000,000 Lost in 2 Years), Bradley M Kuhn Steps Down as Treasurer
lost almost $600,000 last year
Microsoft/GAFAM Operating at a Loss
Microsoft has financial problems
Nigel Farage crisis: Taylor Swift & Jeffrey Epstein both shunned cryptocurrency bosses
Reprinted with permission from Daniel Pocock
statCounter Now Sees GNU/Linux "Market Share Worldwide" at 9.21%, Soon 10%
If this data is more or less accurate, it's time for panic at Microsoft
Rumours of Impending Mass Layoffs in IBM's Yorktown Office, Impacting the LLM (Slop) Staff
Bubbles never last forever, hence their name
Links 10/08/2026: "Long COVID Linked to Lasting Damage in The Brain's Dopamine System", Microsoft’s Weather App Uses Over 1,000 Megabytes of RAM
Links for the day
Software Freedom Conservancy (SFC) Does Not Support Women, It Imitates Authentic Organisations, Embraces Misogynists, Then Projects
They try to monetise for personal gain at the expense of unpaid volunteers
When You're Evil and You're Publicly Attacking Something, That Something Will Become More Popular
when an oppressor becomes openly oppressive and does anything to squash/censor critics, the outcome will typically be detrimental to the oppressor
Links 10/08/2026: "Against Oligarch" and "The Invisible Women"
Links for the day
Social Control Media Deathwatch: After Nearly a Million Posts Sent EchoFeed Shuts Down
EchoFeed is hardly unique
When the LLM Chatbots Industry (Trillions in the Red) Quits Paying the Media for FOMO
fear of missing out, or FOMO for short
Microsoft Killing Morale
branding the process “inhumane” and “demoralizing”
Google's "AI Overview" as Proprietary Censorship Engine and Gatekeeper
People do not choose to use this, Google is just shoving that in people's faces, encouraging laziness and misinformation
SLAPP Censorship - Part 145 Out of 200: They Tried Hard to Hide the Fact Their Client Had Been Sued, Twice Even
A month ago Brett Wilson LLP tried to take my wife "to the side" (in effect isolated) to make her an offer
statCounter: GNU/Linux Up to 8.95% Globally
So the estimates are being "corrected" upwards, not downwards
Explaining How Someone Attempted to Cancel RMS This Year (and Failed)
The process itself involved debunking some falsehoods
Microsoft's "XBOX Ranks Last", IBM is Headed for Extinction
If Microsoft cannot dominate its own "home turf", what prospects are there elsewhere?
DebConf6 fight denied by Google artificial intelligence
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 09, 2026
IRC logs for Sunday, August 09, 2026
Gemini Links 10/08/2026: A Mild Monday, Sleepy Saturday, OUYA, and Moving to GNU/Linux
Links for the day
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026