Bonum Certa Men Certa

Patent Legislation News in Brief

Summary: If a patent reform resolves nothing, is it time to just scrap the whole patent system?

FACING the immortal question, ""should software be patented, or free to the public?" answers depend on one's interests and means of leveraging the law. Microsoft, for example, used to dislike patents when it was small but loved them when it became a monopoliser. The company is still pushing for back door to software patents in Europe, as promoted by Microsoft-hired lobbyists.



Digital Majority has netted new evidence of the push for the Community patent, which is an 'harmonisation'-like back door to ills such as software patents. They are trying similar tricks right here in Pariliament and Heise discusses the 'dispute' over software patents in Europe and in the US.

Over the next few months, significant decisions will be made, both in the US and in Europe, concerning the patentability of software and of business practices, decisions which are already casting shadows. Concluding at the end of April, the Enlarged Board of Appeal at the European Patent Office (EPA) is conducting a consultation about the patentability of computer programs. The board hopes that the consultation will help with the processing of the referral by EPA President Alison Brimelow to clarify open questions concerning the controversial interpretations of the European Patent Convention (EPC). The questions refer to Article 52, which states that "programs for computers as such" are not to be regarded as inventions and are therefore excluded from patentability.


Hearings about the phony patent 'reform' bill (which is a farce) are being scheduled and Wired Magazine writes about the role of large companies, which seem to be gaining the most here (very much as expected in a corporocracy).

High tech and pharmaceutical companies have expressed unusual agreement on a patent reform bill, including on the most contentious issue: how to determine damages for infringement.

A patent revamp passed the U.S. House of Representatives last year but failed in the Senate largely because the tech and drug industries could not agree on whether damages for infringement should be reduced. Current law calls for damages to be the entire market value of the product, tripled in the case of willful infringement.

There appeared to be some agreement on Tuesday that the judge in a patent infringement trial should act as a gatekeeper, instructing juries on what factors to consider in determining damages.


Washington University researchers are meanwhile warning about this system as a whole. They pretty much call for the abolishment of the patent system based on economical grounds.

Patent and copyright law are stifling innovation and threatening the global economy according to two economists at Washington University in St. Louis in a new book, Against Intellectual Monopoly. Professors Michele Boldrin and David K. Levine call for abolishing the current patent and copyright system in order to unleash innovations necessary to reverse the current recession and rescue the economy. The professors discuss their stand against intellectual property protections in a video and news release linked here.


Two more Nobel Laureates have recently advised similarly [1, 2], based on the same rationale.

A renowned columnist, Thomas Friedman, has made interesting suggestions. See the new essay "Change or Die":

If this perception is true and well-founded, then there should be no doubt that the patent system will have to follow somehow in due time.


The patent system to will need to change or face revolt that will weaken it considerably. Trust in it has already eroded and the same goes for ISO.

"Small Software companies cannot afford to go to court or pay damages. Who is this software patent system for?" —Marco Schulze, Nightlabs Gmbh

Recent Techrights' Posts

A Month After "End of 10" analytics.usa.gov Says More People Use Vista 7 Than Use Vista 11
Does it get any more pathetic than this?
Techrights Protects Against Collective Amnesia (Forgetting History the Rich and Powerful Want Us to Forget or be Misled About)
Keeping full access to our material with a good search facility is a priority for us
Mainstream Media Compliments Techrights on Its Work
Google isn't "the Web" and this site isn't "the Web" either
LLMs Will Never Work, You Need to Type What You Know
Voice recognition is too imprecise to be practical or really save any time if you can type fast
IBM Will Carry on or Carry Out Mass Layoffs Until Tomorrow, Based on Unverified Claim (Silent Layoffs Under Secrecy Clauses/Deals)
Red Hat (as a "company" with a Web site) will probably never announce layoffs again
Slopwatch: Spam, Scams, and Plagiarised Information Synthesis Systems (LLMs)
The way things are going, LinuxSecurity might become entirely inactive
IBM "Trying to Memory Hole the RA With Positive News."
it's clear they have no real plan, just vapourware
 
Mozilla Handed Over Control Over Firefox to Microsoft, Now Firefox is Preloaded With Microsoft Spyware and It's Proprietary
Who would still want to download Firefox?
Slopwatch: LinuxSecurity, Brian Fagioli, and WebProNews
becoming a slopfarm is a site's suicide
"Sponsored Posts" in The Register MS
That's The Register MS in 2025
IBM RAs in India (Apparently)
IBM is a bad place to work
Another Richard Stallman Talk in Two Days
His talk will be a remote talk, as he won't be travelling to Argentina
Links 13/11/2025: "Fight for Control Over In-Car Technology" and "Climate Crisis is a Health Crisis"
Links for the day
Gemini Links 13/11/2025: Disbelief in the Moon Landings and Doom That Came to Scrolling
Links for the day
Links 13/11/2025: Ghost (E-mails) of Jeffrey Epstein Chases Cheeto, Uproar Over SLAPP Threats Against British Broadcasters
Links for the day
IBM Layoffs Seem to Have Reached Europe
Is it Europe's turn to fall on its sword?
A Lot of What's Left of the Online "Media" is Paid-for SPAM
How much of online media can people still trust?
Synopsys, Which Controls a Microsoft FUD Operation (Black Duck), to Lay Off Hundreds of Workers
Microsoft had plenty of layoffs this year, well over 30,000 in total, including at least two waves of layoffs last month
The EPO Has Spent Years Attacking European Media, Led by a Cocaine Addict (the EPO's Spokesperson)
The EPO silences critics
Prominent German Media Dares Not Mention Cocaine at the European Patent Office, Germany's "Cash Cow" (Seller of Monopolies for the Whole of Europe)
It seems like a case of the corrupt hiring the corrupt to bully those who speak about the corruption
Microsoft-Sponsored FSFE is Exploiting the Success of Jean-Baptiste Kempf to Market Itself and Its GAFAM-Funded Messaging (While Pretending to be "FSF" Europe)
No doubt Jean-Baptiste Kempf accomplished a lot (not limited to VLC) in not so many years
A Week of Techrights Search
Tomorrow it'll be one week since we turned 19
Your Computers Are Work and Entertainment Tools, Not a Fashion Statement
If you're into fashion, find another job or keep cruft out of the workplace
The Federation? Almost 90% of Its Users Have Quit Participating.
If one counts offline (historic) instances, it's even worse than this
Under IBM, Red Hat Isn't a Linux Company, It's Sold to Clients as "AI Company"
IBM is sacrificing Red Hat for Wall Street (share price)
It Looks Like Microsoft is Really Abandoning XBox (the Brand "XBox" Means Just an Online "Games Store" or Streaming)
Published last night
The Register MS Has Just Taken Money to Promote Microsoft Windows Under the Guise of "HEY HI" (AI)
Just 'consume' the ads disguised as "journalism" at The Register MS
Apple is Waning, Shows Data (Web Stats)
Is Apple doing as well as Apple-sponsored (paid to run Apple ads) claims?
IBM is a Buzzwords Vendor
Does anyone even pay attention to anything IBM promises these days?
It's Patently False That Apple Has Avoided Layoffs
be sceptical of people who say Apple hasn't got layoffs
IRC.com is Vendor-Locked (Freenode)
Web client
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 12, 2025
IRC logs for Wednesday, November 12, 2025
Gemini Links 13/11/2025: Pictures From the Aurora and Cryptography of the Internet
Links for the day
Links 12/11/2025: Botulism Outbreak and Increased Russian Censorship
Links for the day
British Army Officer Said Ubuntu Needed to Abandon Sudo for Rust's Imitation of Sudo and You Can Guess What Happened Next...
The not-so-drop-in replacement
The Open Web Has Fallen, It's Just Chrome
We cannot envision any other rendering engine (or "base") making any measurable headway
Patients' Data Should Not be Outsourced to Any Party at All, Let's Redo the Storage Scheme
Far better than giving all our data to Microsoft and Palantir (US)
The EPO's Central Staff Committee Complains About the EPO's Management Faking "Production" (Monopolies) to Make More Money
The Central Staff Committee has a new communication
The Second-Largest Institution in Europe (EPO) is Playing With Fire and Now It Puts the Largest One (EU) at Risk
The EPO will have some more shake-ups
Ethical Consumer Could Use a Mention of "Ethical Software"
Maybe the Free Software Foundation (FSF) can get in touch with them
Links 12/11/2025: A US President (Insurrectionist) Attacking British Media, Hyundai's Digital Restrictions (DRM)
Links for the day
Gemini Links 12/11/2025: Trains in Switzerland, Software Survival, and More
Links for the day
The EPO's Own 'Drug Bust': Berenguer is Gone, But Who Else?
EPO latest news
Trying to Cancel People and Projects That You Don't Like by Changing the Focus to Politics
Don't fall for it
What Kind of Bubble is AI? We'll Find Out Very Soon
In 2022 and 2023 Cory Doctorow was one among many who asserted "AI" was a bubble
Mandrake's Gaël Duval Debunks Clickbait Nonsense From ZDNet, a Non-Coder Pushing Bot-Made 'Code' (Plagiarism Done Poorly)
"Why AI won't "Kill Open Source”
Improving Clarity When Presenting LLM Slop and Slop Images
There will likely be more changes (improvements) to improve the visibility of our labels
Groklaw Won't be the Latest (Nor the Last) Major Site We Lose
Many other sites will go offline; the more popular among those will get hijacked by rogue actors
Slopwatch Turns 1 Next Month
2024-12-14 is when Slopwatch began
The Issue With Firefox is Not Its Brand
Mozilla seems to be the biggest enemy of Firefox at this point
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, November 11, 2025
IRC logs for Tuesday, November 11, 2025