Bonum Certa Men Certa

Patents Roundup: USPTO Changes, New Zealand's Law Ambiguity, Facebook and Apple Sued

Angry man



Summary: Patent maximalists have their revenge in a system designed to benefit monopolies and protect them from competition

SOFTWARE PATENTS have become an increasingly-relevant issue when it comes to Free software. Therefore, Free software supporters should probably treat it as important and this post is a short overview of the latest news.



USPTO



"The patent office should create a pool of software programmers and keep a database of their related skills," says the president of the FFII regarding this new essay which is summarised by TechDirt:

In the past when discussing different ways to potentially improve the patent system, I've pointed out that one of the key points in determining whether or not something is patent worthy is supposedly whether or not the invention would be "non-obvious" to a "person having ordinary skill in the art." And, yet, at no point in the patent review process does the average examiner -- who quite often does not have ordinary skill in the art -- ever go out and ask those who do. That always troubled me. So, I thought one (of quite a few) useful improvements to the system would be to let patent examiners call on certain folks who work in various fields. Now, this wouldn't be to have that person give a total thumbs up or thumbs down on the patent. That would still be reserved for the examiner. But, at least hear some knowledgeable people out on whether or not the idea is obvious.


TechDirt also alerts readers that the "Patent Office Hires Economist To Add Some Actual Evidence To Patent Policy" (cost benefit of patents is high for monopolies and low for the rest).

Given all this, it's interesting to hear, via Jamie Love, that the USPTO has hired economist Stuart Graham to the newly created position of "chief economist." Love notes that Graham's appointment comes with the mandate to compile economic data while doing a true economic analysis of patents for the USPTO. This seems like a good thing. I did a quick search on Graham's previous research and came up with a a listing of some of his research -- and at a first pass, it bodes well. He's done work on how post-grant opposition to patents can improve quality of patents (pdf) and also has done research on patents in the pharmaceutical world, noting that there is a disconnect between patents and actual product development. In fact, that same study found that increased R&D doesn't appear to be an indicator of greater product development at all.


New Zealand



Last week's big news was that New Zealand is rejecting software patents [1, 2], but as the president of the FFII puts it: "How the NZ Patent Office will make the definitive distinction between embedded and other types of software?"

Some patent lawyers have raised this point:

How might the New Zealand Intellectual Property Office handle the challenge of developing guidelines for a clear and definitive distinction between embedded and other types of software? The IPKat awaits the outcome with curiosity.

The report is silent regarding patent term extension where commercial exploitation of a patented product, such as a pharmaceutical or agrochemical, is delayed due to the need to obtain regulatory approval. This omission is particularly disappointing for patentees as the Bill contains 'spring-boarding' provisions in clause 136 that grant an exemption from infringement for an act done for experimental purposes and in clause 138 for the development and submission of information required to obtain regulatory approval.


These loopholes also exist in Europe and Microsoft brags about exploiting them.

Facebook



Facebook is a bad company when it comes to software patents and according to this, it has just been sued for supposedly violating the law with software patent infringements.

Technology patent trolling seems to have become a regular pasttime — something that is influenced proprtionally with lucrative potential of a patent, and which the long-flawed approval process at the USPTO (U.S. Patent & Trademark Office) abets in the first place. Now there’s another questionable patent lawsuit, this one involving ‘online communities’, and naturally, Facebook is a target with its community of more than 400 million users.


TechDirt says that the patent is very broad, covering just online communities.

It's always fun to see patent system defenders in our comments insist that the patent system rarely makes mistakes in issuing patents, and how really bad patents get pushed out upon review. And yet... then we hear stories like the following one. Four guys, back in 2001 filed for a patent (6,519,629) on a "system for creating a community for users with common interests to interact in." Seriously. Reading through the patent application, I'm having trouble seeing how this wasn't covered by a ton of prior art. What in that patent does not apply to early BBS systems, for example? And, even if there really is something new (I can't find anything), how is putting together an online community not an obvious thing?


This is another sign that the patent system does not work.

Apple



Despite Apple's lawsuit against Android/Linux [1, 2, 3, 4, 5, 6, 7, 8], HTC is said to be doing quite well.

Taiwan's HTC Q1 profit, March sales rise



[...]

Earlier this month, Apple sued Taiwan-based HTC and accused it of infringing 20 hardware and software patents related to the iPhone.


It wasn't long ago that a company close to HTC attempted to embargo Apple's iPad using patents and here comes another lawsuit claiming patent violations.

A company that has already sued Apple over a patent on zooming and scrolling on a mobile Web browser, is now adding the iPad to the lawsuit Monday.


The Mad Hatter argues that Apple is the "Competent Danger to Free Software" and he explains why:

Free has nothing to do with price, instead it stands for ‘FREEDOM’ or ‘LIBERTY’, meaning that the end-user should be free to use the software, modify the software, and pass on their modifications. There is no reason why free software cannot be sold, as long as the four freedoms are respected. Those freedoms are:

* The freedom to run the program, for any purpose (freedom 0). * The freedom to study how the program works, and change it to make it do what you wish (freedom 1). Access to the source code is a precondition for this. * The freedom to redistribute copies so you can help your neighbor (freedom 2). * The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this.

While many people consider Open Source to be equivalent to Free Software, it isn’t. Open Source is a software design methodology, which is claimed to produce better software, while Free Software is a philosophical equivalent to the Freedom of Speech clause found in many countries constitutions.


It is rather amazing that some people still choose to believe that Apple is friendly towards "Open Source". It's only blind faith.

Comments

Recent Techrights' Posts

Defending Women Isn't a Crime, Everybody Can Agree on That
Their culture is unlike ours
EPO "Cocaine Communication Manager" - Part VI - Influx of Spaniards and Portuguese Workers (+77%) at Europe's Second-Largest Institution, Led by the 'Alicante Mafia'
There is now data supporting this assertion, new and complete data in fact
Nobody is Safe at IBM (or Red Hat)
There is no job security at IBM
Bad faith: Hugo Roy knew FSFE impersonating FSF before French tribunal, colleagues deceived
Reprinted with permission from Daniel Pocock
 
Over 1,500 EPO Workers Went on Strike Last Week
a new publication which celebrates some accomplishments of industrial actions and calls for further actions
Madame Streisand Wanted to Censor The Web, Instead She 'Created' a New Term, "Streisand Effect"
It is basically an own goal
Solicitors Regulation Authority (SRA) Failed to Detect Fraud in Law Firms... Until It Was Too Late
Earlier today we contacted some more politicians about this and received mail from them as well
Our EPO and IBM Coverage Bears Fruit
In case insiders want to get in touch with us, please ensure or at least try doing so securely
Links 03/03/2026: "Scam Altman in Damage Control" and Oil Traffic Disrupted
Links for the day
Gemini Links 03/03/2026: Phones, LLMs, and Changes on the Web
Links for the day
Richard Stallman Confirms Talk in Bern Next Week
Dr. Stallman has just formally confirmed his third talk this month in Switzerland
GNU/Linux at All-Time High in Guam
there are many computers in that island
Microsofters' SLAPP Censorship - Part 1 Out of 200: Claim No. KB-2024-001270 in a Nutshell
abuse of process by a law firm working for an American who was arrested for strangling women and another American whose own spouse calls a "rapist"
When EPO Team Managers (TMs) Are Harassing People Who Strictly Apply the European Patent Convention (EPC) in Patent Examination
There are two strikes planned for this month
Confirmed: Using Slop Gets You Fired
Let the story of Benj Edwards be a cautionary tale
Links 03/03/2026: "No one wants to read your AI slop" and "chatbots in the kill chain"
Links for the day
EPO and "Equivalent to More Than 100 Days of Strike"
The industrial actions continue and already have a positive effect
Streisand Effect, the Microsoft Way
Microsoft has once again proven the Streisand Effect
Keeping Track of IBM Layoffs in March 2026
IBM depends on bribery
GNU/Linux Measured at 7% in Yemen
Windows is too hostile and dangerous
Links 03/03/2026: Security Breaches, Iceland Wants EU Membership, and "Wall Street–Backed Lawmakers Want to Help Banks Gouge You"
Links for the day
Queensland Health Payroll System: IBM billion-dollar-blowout inquiry
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 02, 2026
IRC logs for Monday, March 02, 2026
Gemini Links 03/03/2026: GrapheneOS and Keyboard Shortcuts
Links for the day
Tomorrow should be sunny (at long last!) and a generally productive dayProductive Week Ahead
Tomorrow should be sunny (at long last!) and a generally productive day
Only One Slopfarm Seems to Have Targeted "Linux" Today
It certainly does feel like the slop hype is reaching the "late life crisis" and companies that benefited from this bubble are overdue for a day of reckoning
Microsoft Mass Layoffs: Being Sacked at 1AM in the Morning
Watch what happens to Microsoft employees who get pregnant
Links 02/03/2026: More Social Control Media Bans, Climate Change Woes, and "Journalist With Germany's Deutsche Welle Arrested in Turkey"
Links for the day
Gemini Links 02/03/2026: Small Phones, "I 3D Printed My Brain", and "Managing 5 Servers at Once with tmux"
Links for the day
IBM is Trying to Hide Mass Layoffs, Not Only With NDAs and 'Scripted' LinkedIn Posts
From what we can gather (screenshot above), today many people leave IBM and Red Hat
Richard Stallman is Giving a Public Talk This Week (Friday in Lucerne School of Computer Science and Information Technology)
His birthday is just around the corner.
Windows Falls to New Low in World's Largest Population (India)
Windows is now down to 7%
Never Miss a Good Opportunity to Shut Up and Drink Coffee
Threats come at a cost; each time you issue a threat you stigmatise yourself as a bully
Last Month Matthew Garrett Said Ridiculous Things After His Spouse Had Called Him a "Rapist", Now He's Trying to Take the Site Offline and Put My Family in Prison
The real issue of concern to him (and his alleged reputation) is the spouse and the matter is to be dealt with in America, not the UK
Machine-Generated Legal Documents, Over 2,000 Pages Sent to Us Today Alone
We now know that the papers we receive are produced using bots (algorithms)
Reporting to Our Politicians/MPs the Failure of the SRA to Stop Hired Guns Who Help Americans (Men Who Attack Women and Nowadays Also Attack British Reporters)
About a month ago my wife wrote to politicians to get the ball rolling
The Topic Many People Don't Want to Talk or Write About
"DEI" is inherently about making racial and gender patterns better reflect society's
XBox is Virtually Dead Already, What Next Will Die at Microsoft?
Now that there are mass layoffs at Microsoft datacentres it is not premature to speculate about what dies after XBox
For the First Time, statCounter Measures Internet Explorer at 0.01% "Market Share"
What Microsoft replaced it with is just a Chrome clone with extra spyware
Was a Lot of "Windows" and "Unknown" in Iran Just GNU/Linux in Disguise?
more than 1 in 10 desktop/laptop requests is estimated to be GNU/Linux
"Here in the UK, GNU/Linux rose to all-time high at Windows' expense"
Will this entail Software Freedom as well? This depends on all of us
Links 02/03/2026: Claude Code Causes a Mexican Government Cyberattack, "London Repair Week" Noted
Links for the day
2026 Microsoft Mass Layoffs in So-called 'AI' Datacentres, Why Doesn't the Mainstream Media Cover The News?
What does this tell us about the state of the media?
Don't Fall for "Top X Law Firms" in "Discipline Y", They Pay $Z to Get False Endorsement/s
It's a scheme, a scam, an elaborate fraud
More Publishers Have Turned From Slop Boosters Into Slop Sceptics and Critics
There's a "hidden cost" when one participates (for profit) in "pump and dump" schemes
TeX Live Has New Release, But Planet Debian Won't Tell You That
It 'unpersoned' the developer
LLM Slop Does Not Know People (It Knows Nothing) and Cannot Distinguish Between People. It's a Recipe for Disaster.
no way of knowing who's who
"Over 1,100 Law Firms Gone in Five Years" in the United Kingdom (UK) Alone
There are basically way too many lawyers (looking for "business", e.g. threats and lawfare) and not enough positions to fill
Microsoft FUD From Microsoft Site Helps Distract From Actual Microsoft Back Doors
Published on a Sunday
Free Software Foundation Needs to Become More Active in Europe to Avoid Impersonation by Microsoft-Sponsored Groups
So far we've hardly seen the FSF saying anything at all about the US president
Links 02/03/2026: "Not Envious of Billionaires" and Palantir SLAPPs "Swiss Magazine For Accurately Reporting That The Swiss Government Didn't Want Palantir"
Links for the day
There Has Never Been a Better Time to Quit Social Control Media
Those networks are selling something. And that something is not peace because peace does not sell "attention".
Microsoft Users Drowning in Slop, If They Complain Microsoft Censors Them
Like an authoritarian regime
IBM is Killing Red Hat's Portfolio - Including Linux - to Prop Up Ponzi Scheme ("AI")
IBM is killing Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 01, 2026
IRC logs for Sunday, March 01, 2026
Speed of Sites Matters
Being easily accessible all the time matters to us
Gemini Links 02/03/2026: Weird Phone Calls, Small Phones, and Exploring Racket
Links for the day
Dr. Andy Farnell on "Good Tech"
in the age of "rent everything" and "own nothing"
Gemini Links 01/03/2026: Simpler Software and Announcing OFFLFIRSOCH (OFFLine-FIRst SOftware CHallenge) 2026
Links for the day
EPO "Cocaine Communication Manager" - Part V - Jobs at the EPO for Those Connected to Cocaine Addicts (Skills Not Required)
EPO management is trying to shoot the messenger
Booz Allen Hamilton, the Former Employer of Edward Snowden (NSA Contractor), is Drowning in Debt
Can Supreme Leader Cheeto bail it out like he does slop companies?
On the Concept of "Protected Class" (or Race) at IBM
It's self-harming as in practice it imperils the company and harms the reputation/brand
The Mass Layoffs at Microsoft That Nobody in the "News Industry" Wants to Talk About (and TheLayoff.com Censored, Then It Censored the Evidence of the Censorship)
They basically cover up how they censored the news about Microsoft layoffs
Richard Stallman to Give at Least Three Talks in Switzerland, Starting This Week
No mention (yet) of the Bern talk
On Who 'Speaks for' Techrights
typically a case of misrepresenting the site
'FSFE' an Imposter in Europe, Paid by GAFAM to Represent GAFAM Interests
The Microsoft-sponsored 'FSFE', which violates the terms of use of its name, is causing confusion [...] formally-recognised institutions got tricked into thinking that the Microsoft-sponsored 'FSFE' is the FSF
Lots of Lies From the Slop Industry
The slop industry relies on fake news to give a notion or fake demand
Links 01/03/2026: American Plutocrats Buy American Media While American Constitution Shredded
Links for the day
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It Is Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026