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

They Won't Buy Vista 11 PCs or "Hey Hi" Copilot+++++++ PCs of Microsoft (With TPM)
Windows at 8%
No Time Left for President Biden to Pardon Julian Assange
At least they tried
Total Lock-down Ambitions - Part IV - The Latest Examples and the Perils (in Summary)
For further reading take a look at Musial's nice outline
FOSDEM is Called "FOSDEM" Because of Richard Stallman (RMS)
The overlap there seems timely; yesterday RMS spoke in French-speaking (in part) Switzerland where questions in French were accepted
Video: University in Peru Honours Richard Stallman
Tomorrow, January 20, Richard Stallman speaks in France
 
Richard Stallman 'Unveils' His January 20 Talk in Montpellier, France
It's free (gratis)
Links 19/01/2025: Gaza Ceasefire and PR Stunt by Fentanylware (TikTok), Faking It by "Going Dark" to Incite American Addicts (Users)
Links for the day
[Meme] Hardware RAID and Hardware Raid
We're expecting attacks on the press in Trump's second term (no need to impress anyone for another election cycle) to be far worse than the first
What's Running on the Laptops
12 months have passed
[Meme] 404, Not Found
Kuhn: I'd like to interject for a moment, we made an alliance with the Microsoft-dominated LF to outsource projects to Microsoft GitHub and rich people gave us money to do this
Links 19/01/2025: TikTok (Fentanylware) Now Banned in the US, Convicted Felon Talks to Fentanylware CEO and Pooh-Tin About Undoing the Ban Despite the Supreme Court Unanimously Upholding It
Links for the day
FTC Realises Microsoft Buying Fake 'Clients' to Fake "Revenue" (Microsoft 'Buying' Services and Products From Itself!)
Ponzi scheme
Total Lock-down Ambitions - Part III - The Web Browser as DRM Pusher
A lot of "streaming" stuff is DRM
IBM Termination Story and Information From Microsoft About Mass Layoffs
In 2 weeks of 2025 Microsoft already had 2 waves of layoffs
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 18, 2025
IRC logs for Saturday, January 18, 2025
Links 18/01/2025: Restoring the Great Wall of China and Economic Expansion in China
Links for the day
Guardian Digital (linuxsecurity.com) is Spamming the Web With Microsoft's Promotional LLM Slop About UEFI 'Secure' Boot (Which is Against Real Security)
This is an attack on honest journalism
Links 18/01/2025: TikTok's Endgame, "Car Freedom", and Spying in Cars 'Fines' GM (Settlement)
Links for the day
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025