Bonum Certa Men Certa

Patents Roundup: ACTA Affects Patents, Philips Upset With the Patent System, NZOSS Responds to the Software Patents Lobby

David and Goliath ACTA
Famous depiction of David vs. Goliath (in the public domain)



Summary: As indicated in the title, this is a grouping of many patent news stories

Here in a nutshell are some of the latest developments regarding software patents.



Bad Apple



Apple is part of the software patents problem because it is already using them against GNU/Linux. Apple goes way too far, with trivial human actions written as software, then monopolised with aid from the USPTO (and ITC for enforcement). Here is the latest example. How far will the USPTO be willing to go? It has already gone way too far. Just consider copyrights on clothing, which gives a whole new meaning to 'stealing' of clothes.

ACTA



The release of ACTA for public viewing is hardly news. People have seen it for well over a year [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14] through many leaks that also showed how it changed over time. ACTA does affect patent law, as we have known and noted all along [1, 2, 3, 4, 5]. Now this can be shown using a formal and authentic document rather than a leak. Glyn Moody quotes Hammerstein (former European member of parliament) as writing: "ACTA text: includes copyright and patents of Sections 1 through 7 of Part II TRIPS. not "counterfeit" treaty"

Hammerstein has had many other valuable things to share recently [1, 2, 3, 4, 5, 6, 7], so power to him.

Europe



EurActiv, a Web site that routinely covers activities such as lobbying in Europe, states that the "EU [will] convene [a] subgroup of 'innovation commissioners'" and begins as follows:

The European Commission will formally establish a subgroup of at least eight EU commissioners with a stake in innovation policy when it meets this week.


Glyn Moody responds to it by asking: "what's the betting they'll want more intellectual monopolies?"

The last thing that the Commission needs is yet more ACTA proponents like Luc Pierre Devigne or even Pedro Velasco-Martins. "But the ministers also make it explicit that Open Standards and interoperability are the way to go for the European public sector in general," says this separate new report from the FSFE. It looks rather encouraging:

The EU’s member states have just thrown their weight behind the principles of Open Standards and interoperability. At a meeting of the ministers for telecommunication and information society in Granada, Spain, the ministers of the 27 EU member states yesterday issued the Granada Ministerial Declaration on the European Digital Agenda [pdf].

[...]

FSFE is part of the IGF and has taken part in WSIS while it lasted. A lot of good work was done there, and we’re glad to see that the European member states value the principles of those fora.

Again, this is not the European Commission speaking, but the member states. The Commission itself has been sending mixed messages. In her parliamentary hearing, Neelie Kroes emphasised the importance of Open Standards. On the other hand, the department in charge of the Commission’s IT infrastructre, DIGIT, has been doing all it can to purge Open Standards (not to mention Free Software) from the revised European Interoperability Framework. There are also indications that Neelie Kroes is being pressured to remove references to Open Standards from theDigital Agenda policy paper which she is about to issue.


Philips, which is a software patents lobbyist based in Europe [1, 2, 3], is doing something similar to General Electric (GE), which is also a software patents lobbyist in Europe (lobbying alongside Microsoft). Philips complains about the patent system after GE sounded the alarm too and made similar complaints. From China Daily:

Noted for its international products and innovation, electronics giant Philips is also a pioneer in patent protection in China, ranking third among foreign companies for its more than 1,600 filings last year alone.

Such large numbers don't surprise industry insiders, as they reflect a worldwide trend - what Ruud Peters, company vice-president and CEO of Philips Intellectual Property and Standards, calls "global patent warming".

In fact overheated patent activity threatens to overwhelm the entire system, he said.

[...]

We have too many patents today and the patent system is facing the risk of being overwhelmed," Peters said.

"Most patent offices have been unable to cope with the steep increase in patent filings and a huge backlog of unexamined applications is building," Peters said. "For a time it was easier to get a patent granted, so the patent quality has decreased."

[...]

Outlandish or bad patents, frivolous lawsuits and high damage awards have triggered a public debate about the functioning of the entire system.


Philips is a European company, but its complaints refer also to American nations.

United States



Over in the United States, gene patents may have just been declared void [1, 2, 3]. Patents on life may be the latest form of patents to die and Wired Magazine looks back at the root of this issue exactly 23 years ago (April 21st, 1987).

1987: The U.S. Patent and Trademark office announces it will begin accepting patent applications for animals.


Justice Stevens is leaving as we've mentioned about 5 times by now and here is a long summary of things he has accomplished throughout his career (one of which is the Bilski decision).

Justice John Paul Stevens, who has served on the Supreme Court since 1975, announced on April 9, 2010, that he will retire when the Court completes its current term this summer. This article reviews his contributions to technology related areas of law.


New Zealand



Earlier today we wrote about software patents in New Zealand, noting yet again that it's mostly lawyers and multinationals who are fighting to make these patents legal. Here is the latest response from NZOSS:

In the letter Mr Matthews concludes that "NZCS represents a broad church of ICT professionals and no doubt some of our members have different views on software patents (as with all things). However in the same way that Section 92a of the Copyright Act was harmful, albeit with the best intentions, the evidence certainly appears clear that software patents are simply too potentially harmful to our sector, and in fact innovation in New Zealand, to support."


New Zealand is probably the hottest battleground at the moment when it comes to software patents. Whatever happens in New Zealand may impact other countries. To Microsoft, abolition of software patents must be like the "Red Threat" (Soviet communism) at the moment. So, it sends out the B-52s (lobbyists and partners) to help carry out the coup, as we have shown before.

Recent Techrights' Posts

Jean-Slop Van Damme and the Art of Bull--- Code
it's saving neither time nor money
Reality Check About IBM's Louis Grestner, Slopfarms Say He Was IBM CEO for 30 Years!
It is "hallucinating" (lying)
Debt as the New Currency?
Rich people get richer because they take money from the rest of us, if not directly then by compelling us (collectively) to borrow money at a national level, then "invest" in them
EPO People Power - Part XIX - "Berenguer Has Known of Campinos' Substance Abuse First Hand For a Long Time"
"You rightfully claimed that Berenguer is Campinos' protegee"
 
Gemini Links 30/12/2025: FreeBSD, Gemlogs, and Xobaque
Links for the day
Get Ready for Gigantic XBox Layoffs at Microsoft (Much Bigger Than in 2025)
he unionisation drive is a sign workers already expect this
Concern Trolls: Stop Criticising Poor Gerstner Because Now He's Dead. Reality Check: Gerstner Has Found a Trick for Dodging Tax on His Hundreds of Millions in Wealth.
Maybe even billions in wealth
Samoa: GNU/Linux and ChromeOS Rose to Around 11%
based on Web access data from Samoa
DnD: Debian and Drugs
There will soon be some interesting new information about Debian
A Conundrum of Privacy/Surveillance: Will You Give Them a Stool Sample to "Feel Humane"?
What if skinnerboxes in South Korea also required that people provide urine and stool samples?
Nope, There's No Twitter "Successor"
There's a lot of horrible abuse going on in social control media
A Calm Year in IRC is a Good Year for IRC
Next year IRC will turn 38 (in August) and in 2028 it'll turn 40, just like the FSF did a couple of months ago
Slopfarms Covering Up for "Microsoft CEO Satya Nadella" After a Terrible Performance and a Terrible Year at Microsoft
How to cause many to resign/retire, hence not be counted as "layoffs"
IBM Was Never Saved, It Has Been a Downhill Journey for Decades Already
Gerstner wasn't a tech person but a fiscal butcher
Some GNU Joiners in Geminispace
Jose E. Marchesi (known for GNU poke and a bunch of other things) adopted Gemini Protocol
IBM Seems to be Doing to HashiCorp What It Did to Red Hat (Many Key People Leaving)
"Today marks my last day at HashiCorp, wrapping up an incredibly rewarding 5-year journey"
State of the Slop, Day 364
How does Phoronix feel about Google promoting slopfarms that 'rewrite' its stories and slap slop images on top?
Links 30/12/2025: "Durian Tsunami" and "Unneeded Surgeries"
Links for the day
Links 30/12/2025: Social Control Media Detox, Rage Against Slop Wasting People's Productive Capacities
Links for the day
Gemini Links 30/12/2025: Quitting Coffee, Apartment by the Beach, and Strange Retail Ethics
Links for the day
Nintendo and Sony Outsold Microsoft XBox by 15:1!
The mass layoffs indicate Microsoft is aware of this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 29, 2025
IRC logs for Monday, December 29, 2025
Slopfarm: Firing 35,000 Employee is "Saving the Company"
"Big Blue" is getting smaller all the time
Slopfarms About the "Linux CEO" Linus Torvaldos [sic]
nowadays NVIDIA builds and helps build a giant Ponzi scheme
Vista 11 is "10" (Ten Percent)
Some months ago Microsoft openly admitted that it had lost (shed off) hundreds of millions of Windows users
Dealing With Online Pogroms
lawfare funded by third parties
The Year Apple Would Rather Forget
We await further stumbles and falls from Apple (in 2026)
"EU's reform agenda threatens to erase a decade of digital rights"
This is really sad for those of us who spent decades promoting and boosting/advocating the EU
IBM Layoffs in India, More Coming Soon, Say Apparent Insiders
Threads regarding IBM layoffs
Gemini Links 29/12/2025: Earlier "Happy New Year 2026" and "Dead Archivist Society"
Links for the day
Links 29/12/2025: Putin Critic Sergei Udaltsov Imprisoned, Cloudflare’s Outages Discussed
Links for the day
LLMs Are Inherently Parasitic, We Need to Treat Them Accordingly
a maintenance burden for those who possess actual intelligence
Links 29/12/2025: Bottled Water Considered Harmful, Cheetos Promoting Nazis in Europe
Links for the day
EPO People Power - Part XVIII - European Patent Office "Paints Itself as Progressive While Literally Being Represented by Cokeheads"
To what length/s will German authorities and media (not just in Germany) go to protect the EPO's "precious image"?
What IBM Will Do to Red Hat in the Coming Year or Years
This won't end up well for GNU/Linux as a whole
Not Turning in His Grave: When People Die, Their Corporate Destruction Becomes a "Turnaround"
All he did was mass layoffs - a tradition that has not ended since then
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 28, 2025
IRC logs for Sunday, December 28, 2025
Louis Gerstner Has Died, His Legacy of Mass Layoffs at IBM Hasn't
Hagiographies will follow. They will say he "saved" IBM.
Links 29/12/2025: The Sunday Routine, Limits of Memory, and Gemini Vocabulary
Links for the day
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025