Bonum Certa Men Certa

Bilski Decision Likely Released This Monday, USPTO Urgently Needs a Reform

“[Y]ou’re creating a new 20-year monopoly for no good reason.”

--David Kappos (currently head of the USPTO) speaking about patents



Tired USPTO eagle



USPTOSummary: In Re Bilski decision is imminent and the problems with the USPTO are meanwhile made more apparent, thanks to Acacia and Amazon



EVERYONE keeps asking where the Bilski decision is. It will definitely be released this month [1, 2, 3, 4] and Red Hat's Fontana says that "Bilski is only remaining SCOTUS case to be decided from November 2009 sitting. Next day for opinions's Monday 21 June."



Jose's rant about the USPTO is sign of the unrest we're seeing as patent trolls like Acacia continue to gobble up patents with which to attack companies that actually produce something. Here is the latest from Acacia, which Microsoft paid a lot of money last month.

Acacia Subsidiary Acquires Rights to Patents for Video and Software Technologies from a Leading International Research Institute



[...]

The patented technologies generally relate to the encoding of video and tracking of video objects as well as software covering operating systems and object-oriented development environments.


It's not innovation, it's trolling. Microsoft happens to be part of this and VirnetX recently got a lot of money out of Microsoft. Now it "Advances to Russell 3000 Index and Global Index" (yes, parasites are being rewarded in this ill system).

Another new sign that the USPTO needs a reform is this new patent from Amazon which Slashdot describes as follows:

theodp writes "After shelling out a reported $90 million to buy PlanetAll in 1998, Amazon shuttered the site in 2000, explaining that 'it seemed really superfluous to have it running beside Friends and Favorites.' But years later in a 2008 patent filing, Amazon described the acquired PlanetAll technology to the USPTO in very Facebook-like terms. And on Tuesday, the USPTO issued U.S. Patent No. 7,739,139 to Amazon for its invention, the Social Networking System, which Amazon describes thusly: 'A networked computer system provides various services for assisting users in locating, and establishing contact relationships with, other users. For example, in one embodiment, users can identify other users based on their affiliations with particular schools or other organizations. The system also provides a mechanism for a user to selectively establish contact relationships or connections with other users, and to grant permissions for such other users to view personal information of the user. The system may also include features for enabling users to identify contacts of their respective contacts. In addition, the system may automatically notify users of personal information updates made by their respective contacts.' So, should Facebook CEO Mark Zuckerberg worry about Amazon opening a can of patent whup-ass?"


Legal firms* are counting patents (per nation) as though counting patents would give some indication of real progress rather than the level of vindictive protectionism. The USPTO ought to take pride in a system that has fewer patents (higher bar), not the opposite. That's why the Bilski case is important. It is rare to see patentability scope being limited rather than extended at the USPTO. ___ * At the bottom it says "Bird & Bird is a recognised leader in the field of intellectual property law in the UK." In other words, they make money from patents, i.e. taxing technology.

Comments

Recent Techrights' Posts

The Rumour Was True, Mass Layoffs at IBM Today
How widespread the layoffs are (or how they're disguised, e.g. PIPs) is hard to assess
 
Techrights Turns 19 in Three Days
It would be nice to meet for a chat
Akira Urushibata on How Grokipedia Fails to Work
The Grokipedia article gives the wrong character for the "Ko" on "Koan"
Links 03/11/2025: Data Breaches, Wars, and Digital Censorship
Links for the day
Gemini Links 03/11/2025: Poetry, Old Androids and Small Shells
Links for the day
Links 03/11/2025: Internet Anniversary
Links for the day
Two Years of Uptime
Reboots are seldom involuntary
Richard Stallman is Giving Another Talk in Less Than a Fortnight
in two weeks' time (13 days from now)
Windows Falls Below 20% in the UK
Many people choose to leave Windows altogether
Microsoft's Search Business Falls to Lowest Point in 2 Years, Based on statCounter
what can Microsoft sell other than shares in Microsoft?
Evidence Regarding Layoffs at Red Hat
Seems like IBM layoffs
Microsoft: Our "Goodwill" Value Grew More Than Tenfold Since 2011
Hallmark of pseudo-economics
GNU/Linux as a Boarding Pass
being mostly analogue is still feasible
Links 03/11/2025: Lack of Trust in LLMs and Windows TCO at Jaguar
Links for the day
Gemini Links 03/11/2025: Books in October and Change
Links for the day
Mozilla Firefox Won't Survive and Many Sites Don't Work With It (Compatibility Abandoned)
The Web has become monocultural
Debian is Non-Free
Devuan might be worth looking into
Slopwatch: Brian Fagioli and LinuxSecurity
This is a real problem and most certainly a big problem because when people try to find real information about security and GNU/Linux they instead read "word salads" made by bots
Four Reasons to Party With Us in Four Days, Celebrating the Four Freedoms
Today we expect to be back to a more-or-less regular publication pace
Links 03/11/2025: The "Smartphone Panopticon" and Belarus' Hybrid Attacks on EU Intensify
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 02, 2025
IRC logs for Sunday, November 02, 2025
Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025