Bonum Certa Men Certa

What Next for US Patent Law?

Steve Jobs with patent
Original photo by Matt Buchanan; edited by Techrights



Summary: Amid controversy and uncertainty around the Bilski case, American professionals express their opinions on the future of software patents in the United States

AS NOTED in a previous post, software patents continue to die sometimes, owing in part to In Re Bilski court decisions. Groklaw comments on developers leaving or not catering for the US market and adds the "Inevitable" observation. Professor Webbink writes:"Unfortunately, patent reform is not going to help change this, either in the short run or long run, because patent reform is not addressing what technologies are patentable. While many of us had hoped the decision in Bilski [PDF] would be a first step, the U.S. Supreme Court clearly placed the determination of patentable subject matter in the lap of the U.S. Congress. Yes, Bilksi may have trimmed around the edges, but clever patent attorneys will still work around it. Moreover, given that the U.S. Congress has taken more than eight years to get a patent reform bill to a vote, it simply is not likely that Congress would vote to remove software from the realm of patents.



"Until these patent holders get a good taste of what they are in for, like losing their precious patents, this sort of thing is not going to stop. And if the patents are put into reexamination or litigated in enough courts, they stand a good chance of losing the critical claims of those patents. Look what has happened in the Bedrock case. The $5 million judgment against Google was vacated [PDF] when Google and Bedrock reached a settlement (undoubtedly for far less), and many of the rest of the cases have since been dismissed with prejudice, meaning Bedrock cannot bring those suits again. In other words, a lot of these "presumed to be valid" patents are, in fact, not valid at all."

There is a new batch of articles worrying about the fate of 'clouds' (Fog Computing) in the face of software patents [1, 2] and the latter example (from a self-professed "practitioner of intellectual property") says:

Software Patents are commonly a hot topic of debate. Having been a developer, I believe that software patents are a burden on innovation, as are copyrights which are eventually enforced. While there are efforts to control the quality of patents being granted in Europe and the USA, and the debate (specifically against business method patents) is now amplified, one cannot say the same for the Indian context. Being a practitioner of intellectual property, I have come to realise that software patents are a fact of life and they are here to stay. Additionally, given that most of the labour-intensive areas are in India (for software development), the only incentive for real innovation – in terms of fostering product-based companies rather than another services company – would be to really demystify what software patents are being to the table, in terms of a defence card.


This is not true. Software patents may be legal in the US (but only on the verge of reversal given the controversy), so to say "that software patents are a fact of life and they are here to stay" is simply defeatism and misdirection. We also hear this from lobbyists such as Microsoft Florian.

Recent Techrights' Posts

OFTC Has Just Culled About a Third of Its Online Users
It's not the first time they purge or force offline many people/bots
Why We'll Continue Covering EPO Abuses (Other Patent Offices as Well, as the Need Arises) for Many Years to Come
We're basically becoming Russia
Central Staff Committee of the EPO Opposes Abuses Against EPO Staff, Challenging SuccessFactors Stunts
Europe became institutionally colonised
Gemini Links 22/05/2025: "Conspirituality" and Visiting One's Old University
Links for the day
Microsoft Killed the Term "Open Source" (by Bribing/Taking Over OSI, 'Linux' Foundation Etc.) and Now It Needs to Kill the Brand Linux (Because Windows Just Won't Run!)
Why else would Microsoft falsely describe Windows as "Linux" and "Open Source"?
Slopwatch: Liars for Microsoft, Plagiarism, and IBM Red Hat Markets Slop as "AI"
Today was a bad day news-wise
 
Links 22/05/2025: TikTok Laying Off Again, Microsoft-Backed Builder.ai Set for Bankruptcy, Scam Altman Uses 'Funny Money' to 'Buy' (Hire) Company
Links for the day
These Feet Are Made for Walking
Humans are apparently so very clever that they decided to form a "progressive" consensus: feet no more
We Seem to Have Abandoned Science and Replaced Sound Policy With Private Patent Shareholders and College Dropouts Like Bill Espteingate
Because of what they did there are now many people out there who reject all vaccines
The Evolution of Microsoft's War on GNU/Linux
13 sins
My New Desk Arrangement (and More Breaks From the Keyboard)
all in all yesterday I devoted 4-5 hours to redoing and shuffling stuff
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 21, 2025
IRC logs for Wednesday, May 21, 2025
Bigots and Lunatics Who Attack Microsoft Critics, Projecting Their Own Bigotry by Accusing Others of Imaginary Things (Which They're Innocent Of)
"In psychology, projection refers to assigning your negative traits or unwanted emotions to others without being aware you’re doing it."
"The Appeals Committee [at the EPO] Unanimously Stated a Formal Flaw in the Consultation of the General Consultative Committee (GCC) on the Reform"
It's a truly horrifying situation
Links 21/05/2025: Climate Problems and Ceasefires No Longer Foreseen
Links for the day
Gemini Links 21/05/2025: "Shrimps of Doom" and "ASCII-graphs"
Links for the day
Links 21/05/2025: GitHub Becoming Slop, MElon as a Drug Addict Considered National Security Risk
Links for the day
Slopwatch: Slopfarms 'Think' Redis is "Linux" (RedisRaider)
Today we'll keep it short and to the point again
IBM Has Allegedly Just Sacked Mr. McKinsey (McK), Clay Cowan, Its Fourth CMO in a Few Years
To insiders he represented the company that's killing IBM or advising IBM on how to self-destruct
Gemini Links 21/05/2025: Trips, 4D Golf, and Writing Software
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 20, 2025
IRC logs for Tuesday, May 20, 2025
Links 20/05/2025: Biden's Cancer, GDPR Changes, and UK Defamation Cases (or SLAPPs) Fail Again
Links for the day
Microsofters Targeting the Wife of the Critic of Microsoft
false claims and loaded statement
Links 20/05/2025: "Bankrupt 23andMe Just Sold Off All Your DNA Data" and "Free Speech Warriors" MIA
Links for the day
Microsoft a Top Sponsor at Red Hat Summit (IBM Selling Proprietary Spyware and Back Doors in a "Red" Trench Coat)
They both work for Microsoft
Openwashing of Windows, Back Doors, Persistent Surveillance, Keyloggers, Screen Loggers, DRM and So On
WSL is not "Linux", it's Windows
New 'Interview' With - or Talk Coverage of - Richard Stallman in the European Union
automated English translation
IBM Mass Redundancies Likely This Coming Thursday
We're not in a position to judge if that's true or false
Gemini Links 20/05/2025: LLM Scraper Bots in Gopher and "Starmer and the Somewheres"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 19, 2025
IRC logs for Monday, May 19, 2025