Bonum Certa Men Certa

Global Patent System

NAFTA approach applied to patent systems internationally

NAFTA logo



Summary: Trans-Atlantic negotiations are potentially being used to override local patent laws and assimilate them to US patent law (which permits software patents)

A quick and convenient way to subvert a country's rule of law is an invasion (political), a takeover (commercial), or negotiation that excludes the public (corruption). Such is the case with some of the opaque treaties we have seen being agreed upon, e.g. in Korea. Old old people in Korea understand the value of independence.



A global patent systems which Microsoft so publicly craves enables a company to tax or to block imports of rival products internationally. The "Trilateral Patent Offices" are defined by Wikipedia as follows:

The Trilateral Patent Offices, or simply the Trilateral Offices, are the European Patent Office (EPO), the Japan Patent Office (JPO) and the United States Patent and Trademark Office (USPTO). In 1983, these patent offices set up a programme of co-operation in an effort to "improve efficiency of the global patent system"


In New Zealand, people have been fighting hard against attempts from American multinationals to legalise software patents. One of the better journalists in Australia's IT news sites speaks of a treaty being cooked:

The US is pushing for the acceptance of a wide-ranging treaty, called the Trans-Pacific Partnership Agreement; a round of negotiations has just ended in Chicago. The next round is due in Peru later this month.

All negotiations are held in secret and no government has gone on the record about what is being negotiated for fear of displeasing the US.

The New Zealand software patents bill is likely to contradict portions of the proposed IP regime of the TPPA and in this context the delay to pass the bill into law becomes understandable.


Appalling.

According to Benjamin Henrion, "China granting software patents page 255, undefined technical character, reference to law of nature http://t.co/EdWxTTm" (see what we wrote during the weekend about Japan's role).

Henrion also notes that the EPO is up to no good because of the unification theme:

EPO pushing for a central patent court and the non-EU patent: http://t.co/5i6SZjX


We recently showed some Wikileaks cables [1, 2, 3, 4] that help verify what Henrion has been saying about the EU Patent, so this post from the EPO is quite worrying. They are trying to imitate the USPTO.

On 8 September 2011, the US Senate passed a patent reform bill known as the America Invents Act. It makes some of the biggest changes to US patent law seen in the last 60 years; for one thing, it enshrines the switch from “first-to-invent” to “first-to-file”. The bill should be signed into law by President Obama this week and enter into force over the coming months. Considering the magnitude of the changes, I can well imagine the difficulties that must have faced the bill’s proponents during its passage, even if it was adopted by a large majority in the end.

In the late 18th century, the Americans set up the world’s first modern patent system – an achievement of which they can be very proud. It has been continuously improved over the years, but a gap had opened up as the world’s other patent systems evolved. That is why the US authorities have been trying to reform it, especially during the last 15 years. There may have been a variety of different reasons behind this move, but certainly one of the main ones was the need to adapt the national framework to new global economic conditions, in order to foster the country’s innovative capacity and thereby stimulate its economy. Indeed, this reform was expressly mentioned in President Obama’s recent speech on the American Jobs Act.


American Jobs Act. Got to love the name, eh? Those "Acts" typically have the completely opposite effect from what they name may suggest (Patriot, Protect IP, and so on). The bottom line is through gradual assimilation the EPO may make itself more attractive 'merger' target (these are not companies) for the USPTO. Cablegate teaches us it's not far fetched at all.

Recent Techrights' Posts

GNU/Linux Exceeding 5% in Guadeloupe According to statCounter
GNU/Linux "share" estimates in Guadeloupe
EPO People Power - Part XXXII - Little Hope That European Press Will Attempt to Expose Drug Abuse in Europe's Second-Largest Organisation
What does this tell us about the press in Europe?
IBM SkillsBuild as Microsoft Training, Microsoft Vendor Lock-in, Microsoft Surveillance
Microsoft benefits from IBM's "training"
 
Scheduled Maintenance Between 15th of January and Days to Follow, Free Software Foundation (FSF) Looking to Add 43 More Members by 16th of January
People who value Software Freedom should consider joining to support the FSF
Bracing for Microsoft Layoffs, Tired of Microsoft Lies, Microsoft Staff Wants Transparency, Not Face-Saving Coverup From Frank Shaw
totally made up stock price
GNU/Linux Estimated at Around 5% in Montserrat
another country where the "share" of GNU/Linux is now measured at 5%
Dr. Richard Stallman @ Georgia Tech Next Week
More Than One Week From Now
Three most controversial Australian authors linked to St Paul's, Coburg
Reprinted with permission from Daniel Pocock
Links 11/01/2026: Data Breaches and Recent (Early 2026) Political Developments
Links for the day
Gemini Links 12/01/2026: Insomniacs After School and Boycotting Amazon
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 11, 2026
IRC logs for Sunday, January 11, 2026
Brett Wilson LLP 'Dropping' the LLP, Is This Rebranding?
It's not a coincidence or a glitch, there was a formal change somewhere in the system
Can IBM Still Control the Narrative?
We'll see what comes out through the grapevine later this week
EPO People Power - Part XXXI - Almost No Crime is Possible Without Enablers and Complicit Colleagues
By the middle of January 2026 we'll have taken things up another gear
Aruba's GNU/Linux Adoption Seems to Have Reach All-Time High This Year
ChromeOS rose by a lot too
After the LLM Slop Frenzy...
In every way, slop is no better than spam
Links 11/01/2026: 'Nothing to Lose' in Iran and Kyiv Restores Electricity
Links for the day
Gemini Links 11/01/2026: "Late To The Party" and "Thinking About Software Licences"
Links for the day
Links 11/01/2026: Bob Weir and Stewart Cheifet Perish
Links for the day
Higher Adoption Rates of GNU/Linux in Cyprus in Recent Years
there are some Cypriots who are championing Free software
Microsoft's linkedin.com is Shrinking, Expect LinkedIn Layoffs to Carry on in 2026
Expect the mass layoffs and office closures to carry on there, maybe as early as next week
Gemini Links 11/01/2026: Scott Morgan and 'The Unix Way'
Links for the day
IBM to Be 'Reorganised'
The rich look for ways to 'monetise' what's left IBM
Dr. Andy Farnell Explains Why He'll Stop Sending E-mail to Microsoft and Gmail Users
The article is long and well worth reading
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 10, 2026
IRC logs for Saturday, January 10, 2026
Monday, January 12, Red Hat Layoffs Allegedly Planned
We'll update this post or follow up if or when we get more information
Slop Still Becoming Rare as Another Week Ends
Generally speaking, calm and quiet is desirable, it's what we hope for (an absence of slop, a lack of need to keep abreast of it, ultimately)
Links 10/01/2026: Iran Offline, Venezuelans Decry Civilian Casualties
Links for the day
GAFAM Wants War
Go war! Go bailouts! Go debt! Go Wall Street!
GNOME Foundation's Microsoft Developer Account
"Lately they're teaming up with Mozilla to eliminate middle click paste - something which I use continuously."
GNU/Linux and Chromebooks Rose to Almost 10% in Haiti
What's noteworthy is that this month GNU/Linux is measured at around 8% and ChromeOS at about 2%
Links 10/01/2026: "Abolish ICE or GTFO", Calls to Ban X/Twitter From Apple/Google App Stores (or Implement National Blocks) Over MElon Turning It Into Non-consensual Deepfake Porn Site
Links for the day
EPO People Power - Part XXX - New Year Starts, Cocainegate Still Discussed a Lot, António Campinos Desperate for Distraction From It
Why the sudden change or 'generosity'? [...] Actual cocaine addicts caused nervous breakdowns among sober people
2026 Might be the Year Microsoft Replaces Layoffs With Mass Firings (No Severance Payments to Dismissed Staff)
It's hard to "see" PIPs unless insiders blow the whistle
IBM and Microsoft Hiding Layoffs in Similar, Overlapping Ways
Performance Improvement Plans aplenty
IBM is a Cancer That Attaches Itself to Everything
Red Hat should have remained an independent company
Links 10/01/2026: STV Layoffs (Scottish TV), “CBS Evening News” in Chaos (Culls and Censorship by the US Regime)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 09, 2026
IRC logs for Friday, January 09, 2026
Gemini Links 10/01/2026: Blackout, E-Waste, and Secondary Smartphone
Links for the day