Bonum Certa Men Certa

Patent Systems: So Inherently Corrupt That They Must be Kept Secret From the Public

Secret shelves



Summary: How the secrecy everything is shrouded in when it comes to patents helps show that something is not just amiss, it is borderline illegal

OIN members IBM and Google were recently seen making a transaction whose details we do not know. Only the patents whose assignment got changed are a known matter. This was never announced by the companies, so it's safe to assume that secrecy is part of the strategy. According to one columnist, this whole thing is yet more evidence of the patent system failing. Wasn't the patent system originally all about disclosure? As in transparency? All we see coming from patents are a pile of NDAs and invisible taxation of everything everyone buys. Here is one remark of interest:



The new acquisition is while good news for Android players, it's bad news for those who are concerned about the situation. The US patent system is flawed and is discouraging innovation and encouraging bullies to threaten smaller or newer competitors.

Another good news for Android players is that long-time Microsoft partner Intel has put its trust in Android and will be working closely with Google, which means yet another heavyweight to defend Android as and when needed.


It remains unclear how Android can defend itself from patents which the Microsoft cartel passes around to patent trolls like MOSAID, which may in turn be feeding patent trolls around itself. Based on this new report, another secret sale of patents has just taken place. All we know is the cost and the involvement of a patent troll:

Mosaid Technologies Inc. has sold off a handful of non-strategic patents to an undisclosed buyer for $11 million.

The Ottawa patent and licensing company said the sale, which the buyer will pay for over an undisclosed time frame, is part of Mosaid's plan to focus further on areas of future growth. The five patent families involved were not being licensed by Mosaid and, as a result, were not bringing in any new revenues.


Well, why the secrecy? This usually indicates bad faith. The patent system has become an industry of collusion, retaliation, extortion, and back room deals. But copyrights are not enough according to patenting maximalists, so we must live with this burden apparently. Think of all the "jobs" that would be "destroyed" had patent lawyers not had anything to sue over.

The Harvard Business Review, which is known for its leaning towards big businesses and the mainstream line, has just published a criticism of that latest patent 'reform'. To quote the opening parts:

On Friday, President Obama will sign the America Invents Act, resulting in the largest overhaul of the U.S. patent system in over half a century. The primary result of the legislation will be to transition America from a "first-to-invent" to a "first-to-file" country. Supporters of the new measure argue that it will streamline the patent application process and harmonize America's system with the rest of the world, and it will allow for more rapid approval and increased certainty in the validity of patents. But this misses the point entirely: the fundamental problem with current patent law has nothing to do with the process for obtaining a patent. The biggest problem is that nobody can tell what a patent covers until they've spent months or years working it out, often in the courts.

Some of the most rigorous research on U.S. patents has been conducted by Boston University's James Bessen and Michael Meurer. They have gone beyond the anecdotes that so often characterize discussions of patent reform and have studied in detail just how patents function, what incentives they create, and how the system could function better. What they found is that America's patent system only provides positive incentives for innovation in two industries: pharmaceuticals and chemicals. The value that a patent confers on its owner is outweighed by the cost of obtaining, asserting, and defending that patent for almost all American companies. Anyone innovating outside of those two industries would be better off if there were no patent system at all.


Indeed. And for our coverage of the Bessen study, see this post.

It is becoming abundantly clear that if the public understood how the patent system works, there would be an outrage, to use words similar to those of Bill Gates (when his convicted monopolist was s lot smaller). The secrecy is another symptom of a serious problem and it leads to a lot of congresspeople misunderstanding this whole subject.

Comments

Recent Techrights' Posts

Search @ Techrights: Almost There Now (Maybe an Anniversary Gift)
Just to be very clear, search would not be unprecedented at Techrights
At IBM, Layoffs Start at 1AM (at Night)
not a single English-speaking site covers the news about the layoffs
Envy Makes People Do Self-Harming Things (and Harm to Others)
Online communities that can be deemed successful are built around trust, mutual respect, and collective accomplishment
What Julian Darley Wrote About the Stallman Talk Regarding "AI" in Oxford (2025)
From LinkedIn (Microsoft)
"All truths are easy to understand once they are discovered; the point is to discover them." -Galileo Galilei
This site is educational
Many People Have Said That They "Leave" IBM in Recent Days (Ahead of Mass Layoffs)
So the real extent of layoffs is greater than what's publicly stated (there are silent layoffs) [...] Whatever IBM says about the scope, scale, or magnitude of the "RAs", it doesn't tell the full story
Techrights Will Contact German Media About the EPO's Substance Abuse
This scandal won't "go to waste"
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
 
Richard Stallman's 2005 Article on Why Patents on Software Should be Denied
If patent law had been applied to novels in the 1880s, great books would not have been written. If the EU applies it to software, every computer user will be restricted, says Richard Stallman
"Last Day" at IBM and Red Hat as "Stealth Layoffs" (They Force People to Pretend It's Wilful)
So the real extent of the layoffs is being kept 'undercover'
Slopwatch: The WebProNews Slopfarm and the Serial Slopper
The Web is ill
Links 04/11/2025: Tensions Around Belarus Grow, Turkey’s Hype-inflation Continues
Links for the day
Corporate Media That Fails to Report Cocaine at EPO is Totally Failing to Report Mass Layoffs at IBM
How come nobody anywhere writes about this week's RAs?
Links 04/11/2025: Google Cloud Account Engages in Censorship of the Innocent, arXiv Spammed by LLM Slop
Links for the day
EPO Cocaine Chronicles: Our Aim Will be to Ensure This Becomes a Mainstream Media Topic, Not a Suppressed Scandal (Which the German State Deems Embarrassing and Detrimental to Its Pan-European Patent Franchise)
At the EPO, and perhaps in German media as well, people "fall upwards" (they get rewarded for bad things)
Static Site Generators (SSGs) Made Techrights Better, Faster, Easier to Manage
Consider adopting SSGs if you still use a CMS such as WordPress
But he Was Born in Manchester! (Origin Stories)
Borussia Dortmund does not exist!
GNU/Linux is American, Not Finnish
It started in Boston, not in Helsinki
'Hacker' 'News' Makes Dumb Assertions Against Smart People
A logical fallacy
We Turned Down Every Settlement Offer Because Truths Aren't Determined in Bank Accounts
Without free press, there won't be free society
Why I'm Always Proud of the Site I've Devoted My Life to
As a graffiti around the corner from our home says, "be a better person"
Standing Up or Standing for What's True But Inconvenient
Bad actors need to be called out
Media Coverage Regarding IBM is Vapourware and LLM Slop
With slop images, too
statCounter Says GNU/Linux Rose to 4% in the Russian Federation
Adoption of Vista 11 has been embarrassingly weak
Corruption is Not a Joke
we'll try to limit our use of humour to avoid misunderstandings or misinterpretations
The Slopfarm WebProNews is Overwhelming "linux" Results in Google News
Google News is slop
The Fall of IBM: What Happened?
Just like the EPO continues riding some old reputation acquired in the 1970s IBM relies on old myths like, "nobody gets fired for buying IBM."
IBM's CEO Already Has the Excuse for the Latest Wave of Mass Layoffs
Only days ago the CEO told a bunch of nonsense
Links 04/11/2025: Conflicts, Politics, and IPv6 at Home
Links for the day
Gemini Links 04/11/2025: Entering WiFi Passwords and Programming Rambles
Links for the day
Arch Linux Seems Like the New Debian
Arch users (btw!) are growing in relative and absolute share
Analytics From US Government Affirm a Trend: Microsoft's "Market Share" in Search is Falling
the data set is large
Holding Institutions Such as the EPO Accountable Through Public Information
Speaking truth to power is never easy
EPO Staff Losing Holidays, as Usual, as the Office Increases Profits by Illegally Granting Invalid Patents While Reducing Salaries
How much more can the staff endure and generally tolerate?
Free Software Does Not Always Speak for Itself, It Needs Advocates
Legal matters that relate to sharing of code will be discussed
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 03, 2025
IRC logs for Monday, November 03, 2025
The Register MS Continues Looking for Money in Promotion of the "AI" Ponzi Scheme
That The Register MS participates in this deceit rather than tackle/debunk it says a lot about The Register MS
IBM Layoffs in "Software", This Likely Impacts Red Hat as Well
Many people say "software" people are impacted
Escaping Proprietary Software, Not Just Escaping Microsoft
To take control of your life adopt GNU/Linux
A Lot of Fake News About Microsoft Headcount (Also: Microsoft's Debt Rose by About 24 Billion Dollars in Past 12 Months)
If you see some headline about Microsoft's CEO making claims about hirings, look away
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