Bonum Certa Men Certa

With Failure to Reform USPTO, Grim Future for Patent Systems Worldwide

Gearing up to patents on mental processes everywhere

Gears



Summary: How the powers-that-be keep pushing for patent tyranny of global scope and almost limitless scope for patenting, including very fundamental ideas implemented in code and in mind

BEFORE globalisation brings us all a US-style patent system we must prepare for a NAFTA-like stage where Europe tries to consolidate its patent offices and set up a centralised courtroom or court system, then merging it with the trilateral systems which already accepts software patents (the US and Japan). Unless people stand up and resist this, the process often seems inevitable and irresistible. Once passed, it will be irreversible too. Earlier this month we showed many cables about the diplomatic endeavours to make the global patent system an imminent reality (see our Cablegate page). Based on this post from patent lawyers: "That Unified Patent Court which has so divided opinion in Europe has been very much in the IPKat's mind in recent days. The problem is that, while most people are either enthusiastic or at least accepting of the idea of having a Unified Patent Court for the European Union's 27 Member States, many experts are anxious about the actual details and a simple Kat could be forgiven that everyone seems to want a different one.



"Anyway, the Draft agreement on a Unified Patent Court and draft Statute of 14 June 2011 has now been examined, weighed, measured, pondered, praised, criticised, printed out and converted into fleets of paper darts -- and there is no doubt that there are some serious problems which remain to be resolved.

"Here in the United Kingdom, the grandly-named EU Patent Reform Consultation Group (concerning which see CIPA, August 2011, pages 488-490) formed a sub-group to examine the Draft Agreement. The sub-group did not consist of a bunch of conscripts who had been dragged from the drinking houses of Holborn, sobered up and then instructed to moan about the Draft Agreement; rather, it was a select gathering of some of the finest patent experts on this part of the planet -- academics, practitioners, patent owners and even a blogger -- most of whom are, it may gratifyingly be said, friends of the IPKat even if, as indicated, none of them has [recently, says Merpel] been dragged from any of the drinking houses of Holborn."

Benjamin Henrion summarises the above as:

Comments on the Unified Patent Court by the patent microcosm, Tim Frain of MS/Nokia, LJ Jacob and al http://t.co/HVWmGWUX


"Unified Patent Court" would be better off called the "No-Escape Patent Court". It's a mechanism for filing lawsuits internationally with no safe haven and sovereign independence to separately evaluate legal cases. As long as the USPTO is a sordid mess, it will be a problem to every citizen of the world (either a customer or a producer).

Good ol' Stephan Kinsella is preparing to hold an event about Obama's so-called patent 'reform'. We always use scare quotes because it is 'reform' that serves Microsoft, which already abuses the patent system to behave anti-competitively and according to this Microsoft-oriented view by Kurt Mackie from the 'Microsoft press':

Microsoft is among several larger tech companies who pushed for the change to "first to file" -- but what will the Act's passage really mean for the tech industry (and patents in general)? Patent attorney Carlos A. Fisher walks through the potential impact.


Patent lawyers probably like this new 'reform', whereas patent trolls might like it a lot less in the long term. "Innovation’s down, but patent trolls are thriving" is how the Washington Post summarised the situation and quoting the article, Benjamin Henrion (FFII) rewrites this as "Paul Marks catches IBM moving to patent the “well-known” idea of partitioning software to protect against malware". This is not innovation. Microsoft is patenting password/authentication ideas right now, proving yet again that making something more secure is now a patent violation. How is that a good thing?

Microsoft is permitted to keep its extortion deals against Linux (making money from other people's work) which Mr. Masnick criticises as follow:

So just what are the benefits of paying Microsoft a licensing fee for free software, especially when said software was not developed by Microsoft? If these quiet settlements are any indication, the sole benefit would be to avoid being dragged through the courts by one of the largest software developers in the world. Seriously, what other benefit is there? Is there a collection of patent trolls jumping at the chance to sue companies using Linux that have yet to surface thanks to Microsoft's cradling licensing deals? Not that I have read about. The only patent holder jumping at the chance to sue over Linux is Microsoft itself.


Microsoft is going after embedded Linux, which is massive. John Dvorak chooses to mischaracterise Linux by pretending it's just a desktop platform, but he does slam Microsoft for this behaviour:

This strategy needs to be stopped. Microsoft should immediately sue IBM, Red Hat, and other major Linux distributors. It should establish its supposed rights and stop playing games.

Microsoft has accumulated so many patentable ideas regarding its OS designs that it might be impossible to abide by all of them. However, there are ways to code around a patent, if someone actually knows what patent to code around. Microsoft has not exactly rolled out the portfolio for people to debate because it knows that this would be a bad idea. So instead, it uses its ability to act the bully and threaten the schoolyard kids.

To me, these dubious business practices follow those that got the company in trouble with the U.S. government during the Gates era. It seems as if nothing has changed.


Microsoft and its patent trolls very much like the status quo and as Groklaw points out, this whole 'reform' led to "A Rush To The Courthouse By Trolls". To quote Professor Webbink:

One consequence of the passage of the America Invents Act (HR1249) signed into law by President Obama last Friday (September 16) was a mad rush to the courthouse by some patent trolls. You see, one of the favorite tactics used by patent trolls is to bring a suit with dozens of defendants regardless of whether there are common issues of infringement other than the commonality of the asserted patents. This tactic allows the troll to benefit from a consolidated action, thus drastically reducing the troll's cost of litigation. Of course, this tactic doesn't always work as we learned in the Interval Licensing case.


51 cases against 680 defendants is how bad it is based on Masnick's summary and the "[q]uality of patents 'falling dramatically', warns OECD," which works well for patent lawyers and harms everyone else. To quote:

Quality of patents 'falling dramatically', warns OECD



A book dealer friend once told me of an affluent American who walked into his London shop and asked if he could buy "20 yards of books". It didn't matter what they were, he announced airily, as long as they were leather bound they'd look good on the mahogany shelving in his new abode. Well, it appears such attitudes now dominate the thoughts of what we once thought of as innovators, as they treat patents as a similar commodity to be bought in bulk.


In summary, the US patent system remains very messy and there is no solution to this in the pipeline. Sooner or later the powers-that-be will try to impose this system on the whole world (which to an extent they already do).

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 161 Out of 200: Low Standards in Defamation Cases Just Muddy the Waters and Distract From Legitimate Cases
The judge at the trial said that Garrett's case was a waste of the court's money
Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
GNU/Linux Did Not Start in 1991 and America Wasn't Discovered by Europeans
it'll be 43 next month
Rolling Out Some Changes Soon
To the regular reader no change will be seen
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 24, 2026
IRC logs for Monday, August 24, 2026
Gemini Links 25/08/2026: Separated by Plexiglass, Low-Tech Information Networks, Jörg Rippel Comes to Geminispace
Links for the day
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day