Bonum Certa Men Certa

FSF and EFF Challenge Software Patents at the USPTO, Nature (Journal) Wants EPO to be Like USPTO, and Patent Trolls Roam Free in Land of the Free

Old Nature cover
First title page of the scientific journal Nature, November 4th, 1869.



Summary: News about patents, ranging from action against software patents in the United States to patent trolls and their use of software patents to terrify US-based businesses

Brett Smith from the Free Software Foundation (FSF) has just issued a call for mail to be sent to the USPTO, urging it "to stop issuing software patents":

Following the Supreme Court's decision in Bilski v. Kappos, the United States Patent and Trademark Office (USPTO) plans to release new guidance as to which patent applications will be accepted, and which will not. As part of this process, they are seeking input from the public about how that guidance should be structured.

Normally when the USPTO solicits feedback like this, they hear almost exclusively from patent attorneys who have a vested interest in making sure that patents are granted as broadly as possible. And this process will be overseen by David Kappos, the current director of the USPTO and formerly an attorney at IBM in charge of their heavy-handed patent strategy. The company obtained large numbers of software patents with his oversight (and has continued to do so after his departure).


In Identi.ca, the FSF says that the "USPTO is preparing post-Bilski guidance for issuing patents—tell them to leave software out of it! Due Monday."

The EFF has taken a different approach to the problem. It busts bad patents one by one, which has a symbolic significance but not much of an impressive track record of being effective (there are far too many software patents). The EFF's latest triumph got some coverage from IDG and Slashdot.

Continued good news in the fight to bust bad software patents: the Patent Office has issued an encouraging office action in the reexamination of the C2 patent, one of EFF's "Most Wanted" patents. The C2 patent claims to cover a “Method and Apparatus for Implementing a Computer Network/Internet Telephone System,” broad enough to essentially wholesale claim using the Internet to call someone’s phone.

The Patent Office has agreed with many of the arguments EFF put forth in its petition for reexamination, and preliminarily found the C2 patent invalid as obvious. This first office action is non-final, which means that C2 still has the chance to respond and make its own argument in support of its patent. While this office action is not a final victory, it’s an important first step in busting a patent that stifles innovation and the use of VoIP as a free speech tool, and further cripples the progress of VoIP developers who seek to ease online communications.


An even better solution would be to ban software patents altogether. Realistically, for the time being it's important to ensure that software patents cannot spread any further. Nature Publishing Group, which is based in London, New York, and Tokyo (it is a division of Macmillan Publishers Limited) is not doing a favour to science right now.

“No word about the cost of patenting for society, the bias of the patent system towards big corporations, the toll of bogus patents on innovation, and the very shaky empirical foundation on which the whole "patents foster innovation" argument rests.”
      --Geza
Somebody from the FFII's mailing list, Geza, has found this article which he called "a pretty one-sided article about the European patent system an the way to reform it appeared in the current issue of Nature" (high-impact journal/magazine).

"It essentially argues that a more streamlined, US-like system is all we need to foster innovation," he wrote. "No word about the cost of patenting for society, the bias of the patent system towards big corporations, the toll of bogus patents on innovation, and the very shaky empirical foundation on which the whole "patents foster innovation" argument rests."

"Professors without patents" is an article Glyn Moody has just drawn attention to. In it, the case is made for entrepreneurship to be achieved without patent monopolies and rather by collaboration. Nature magazine turns out to have published part of this work in July, so maybe there is balance in coverage:

The results of a recent study challenge the standard notion that most businesses started by academics are based on patents (“Start-up model patently flawed”) in Nature magazine, July 2010).

The study found that the majority of companies started by US academics are started without patents. This is contrary to the generally accepted wisdom about how entrepreneurship occurs in a university, which usually goes something like this: academics disclose their invention to universities, get it patented and then spin-out their company from the university. This is actually only part of the entrepreneurial picture in universities — and a smaller part of the picture at that.


Looking at the impact of patents right now, Newegg is still being trolled by software patents in the Eastern District of Texas [1, 2]. Now comes an appeal:

Newegg.com will appeal a recent court decision that awarded an e-commerce application development company damages for Newegg’s alleged violation of several software patents, including a shopping cart.


The following new post uses the term "NPE" for patent trolls and claims that a study shows "Heavily Litigated NPE Patents Overwhelmingly Los[ing] at Trial". Here are some of the numbers:

- Just 16.7% of the assertions of the most-litigated patents were made by product-producing companies.

- Software patents constituted 20.8% of the once-litigated patents but 74.1% of the most-litigated patents.

- Owners of non-software patents are far more likely to win their cases than are software patent owners (37.1% versus 12.9% overall)

- The number of defendants per case is a negative predictor of settlement - the more defendants there are per case, the less likely the case is to settle. Also, the more defendants there are per case the more likely those defendants are to win.


If "[o]wners of non-software patents are far more likely to win their cases", does that not mean that a lot of software patents were never supposed to be granted in the first place? Prior art search in the field of software is extremely complicated and by far outweighs design and 'production' costs (production is just copying). Software patents just make no economic sense. Some people go further and suggest that they are not constitutional, either.

Recent Techrights' Posts

Five Years After Its Formation Libera.Chat Has the Most Simultaneous Users in Internet Relay Chat (IRC)
netsplit.de also measures the cross-network total at over 300k, probably for the first time in years
 
Laptop Bricked After Microsoft Certificates Expiry
Is "Jim" dead?
Monoculture in Europe as National (or Continental) Security Threat
We need more browser diversity
Canada 5-0: GNU/Linux Rises to 5.0%, Windows Rapidly Falls to New Lows
Will we be seeing 6-0 (6%) by year's end and will Microsoft be shown two red cards?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 28, 2026
IRC logs for Sunday, June 28, 2026
Gemini Links 29/06/2026: Sansieviera, HiFi, and Self-Signed Certificates
Links for the day
Outsourcing is Not Security
Outsourcing to Microsoft is the opposite of security
Links 28/06/2026: Turkey's State Broadcaster Suspends Commentator, Journalists Under Attack
Links for the day
Debugpoint.com Turns to LLM Slop for 'Help'
This is how sites die
Follow the Real Security Experts
Werner Koch
Assessing the Upcoming (July) Proprietary/GAFAM Cuts
The total (or %) matters to us because it can help shed light on what scale of layoffs to expect next week
Microsoft Lunduke Does Not Correct or Clarify Misinformation That He Posted (or Repeats It Instead)
Not the first time [...] detracts and/or distracts from legitimate criticisms
How Not to Do Security
Asking Microsoft for permission
Gemini Links 28/06/2026: Simulation Theory and Pursuit of Novelty
Links for the day
The Slop 'Religion' is Dying: From Widespread (Paid-for) Hype to Widespread Hate
Wait till "sentiment" in Wall Street - not just general (public) "sentiment" - shifts strongly against slop
For Whistleblowers' Sake, Choose Hosting Platforms Wisely
Techrights is hard to 'sedate'
How to Discreetly Leak Important Information to Techrights
Some years ago we published multi-part series about how to contact us securely
Expect Many More Whistleblowers From Microsoft
We envision many pissed off workers from Microsoft will become whistleblowers after next week's giant wave
Efforts to Resume Progress on FreeJS, LibreJS, and Reduce Dependence on Microsoft
It's still in a relatively early development stage
Whistleblowers Improve the World
we should appreciate and respect whistleblowers
Microsoft Windows Plunges to All-Time Lows in Japan
Microsoft is disintegrating; many people no longer use (nor need) Windows
GNU/Linux Turns 43 in 3 Months From Now
The Manifesto of the Free software movement (GNU Manifesto, 1985) turned 40 last year
SLAPP Censorship - Part 121 Out of 200: One Day We'll Discover What Company or Rich Person/s Funded the Lawfare Against Us
Even if the law firm shoulders some of the losses, then it is in effect an investor in the lawfare, according to established caselaw
Working on "Linux", But on Microsoft's Payroll
Under the totally false guise of "security" those same people are now promoting TPMs and other horrible things
Links 28/06/2026: Energy Crunch, EEE by Microsoft, and John Bolton Pleads Guilty in Dictatorship of SLAPPs
Links for the day
Jim Not Dead Yet
Let's wait a few more days
Microsoft Layoffs So Big They Cannot Even Wait for 'D-Day' (July 1)
"Layoffs at Xbox Appear to Have Already Begun, with Multiple Compulsion Games Employees Announcing Their Departures"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 27, 2026
IRC logs for Saturday, June 27, 2026
Links 28/06/2026: Heatwave in Europe and Media Failing to Actually Criticise Power
Links for the day
Gemini Links 28/06/2026: Poems, Photographs, and Neoliberalism as Religion
Links for the day
SLAPP Censorship - Part 120 Out of 200: Garrett Undermines His Own Application Because His Friend Graveley Failed to Accomplish What They Had Both Aimed For
Hold off the "popcorn"
Don't Settle for Slop
Slop is a bit of a symptom of where society is told to go
Gemini Links 27/06/2026: Photography From Interlaken to Shynige Platte, Slop 'Code', and Distro Hopping
Links for the day
TIGER COMPUTING LTD Sent Us Threats Half a Decade Ago (Because of Criticism of Their In-House Debian Developer), Now the Company's Debt is Deepening
So what is they're connected to the military?
GNU/Linux in Mexico Near All-Time High
With all the tourists packing the place (or hotels) we can imagine big changes to be seen next month (many portable devices)
Summer Plans in Tux Machines
July is nearly upon us
Gopher (Protocol) Turns 35, Gemini is 28 Years Younger
Bad technology comes and goes very fast
Be Like Stallman and Assange, Not Like MElon or Bill Epsteingate
these people treat women like worse than dirt
Exposure Leads to More Whistleblowing
In areas like IBM or European patent affairs we've always earned a lot of trust
European Patent Office (EPO) Series Will Run Well Into July
We still have a very significant chunk of EPO "trench" stories
Links 27/06/2026: Journalists Kicked Out of China, Torture in Iran and Turkey
Links for the day
How Microsoft is Preventing or Slowing Down Adoption of GNU/Linux (Fake 'GNU' Controlled by GitHub in Windows, WSL, Sabotage at Boot Level, Not Limited to Dual-Booting)
Microsoft is still at it
Rising Computer Prices Good News for GNU/Linux and Free Software
This can greatly assist the adoption of BSDs and GNU/Linux
Links 27/06/2026: More Restrictions on Social Control Media and Russia is Leveraging Cellebrite/Back Doors
Links for the day
Saying "No" is Not a Bad Thing
Society benefits from people who say "No!" even when it seems impolite (and possibly inconvenient) to say so
Next Week's "Bloodbath" at Microsoft Includes "Silent Layoffs" (Which Microsoft Won't Count)
The notion of "silent layoffs" is fast becoming the "new normal"
Akira Urushibata on the Likely False (Unverifiable) Claims Anthropic Makes About Defects for Marketing/Hype
Some pro-LLM person has managed to derail the discussion on this topic
European Patent Office (EPO) Series: "Team Campinos" in Split
The EPO team was of course headed by Campinos himself who delivered a "forward-looking" keynote speech to the assembled audience consisting mainly of Administrative Council delegates from the national IP offices
Supporting Women in the Free Software Community
The common theme here is abuse of women
Left IBM After Many Years, Came to Microsoft/XBox, Now Silent Layoffs at XBox
many inside XBox will have their last day next week
Gemini Links 27/06/2026: Homeworlds and Tarot Cards
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 26, 2026
IRC logs for Friday, June 26, 2026