Bonum Certa Men Certa

US Congress Unhappy With Patent System, Australia Consults the Public

Summary: Reviewing the scope of patentability in some English-speaking nations

THE United States has been harbouring patent trolls under the low standards of that patent office which it facilitates. The US Congress, however, seems interested in moving away from the status quo. A study from a few weeks ago outlines options for tackling patent trolling. Here are some details: "The US Congressional Research Service has made a range of suggestions that aim to clarify the "fuzzy boundaries" of software patents and make it more difficult to abuse the patent system. The "notice function" of patents that usually demarcates a clearly defined field of intellectual property rights and provides clear information on these rights to competitors "has broken down in the IT sector", the service said in a recently published 23-page overview of the current "patent trolls" debate. It is "economically infeasible or irrational" for defendants to search the entire field of existing patents to avoid infringement, explained the authors, adding that this puts trolls in a highly advantageous bargaining position when negotiating royalties."



It is essential to dump software patents as their existence has been a major lifeline for patent trolls and they do not adhere to the boundaries of reasonable scope. In Australia it is under debate. The latest public consultation strives to determine what innovation patents are and Ben Sturmfels wants people to speak out against software patents, having done some campaigning in this area [1, 2]. Corporate FOSS backers have a say on this issue in the US. As Pamela Jones put it, "Patently O recently highlighted some activity in the software patent eligibility area in the case of CLS Bank v. Alice Corporation [PDF], where the Federal Circuit has once again utterly ignored the direction the US Supreme Court provided in In Re Bilski [PDF] and in Mayo v. Prometheus. Instead, it has come up with a new rule, one that throws open the doors to patentability that the higher court has been trying to narrow. CLS Bank has asked for a rehearing en banc [PDF] and Google has joined with Red Hat, HP, and Twitter to file an amicus brief [PDF] that I think you'll find of interest, so I've done it as text for you."

Twitter is no surprise in there. The USPTO is out of hand and attempts to fix it have so far been self-preserving for this rogue operation that only serves corporations, not people.

Recent Techrights' Posts

Televisions Have Become Billboards
Bottom line: you get what you pay for
 
PIPs Are a Setup: They Set Workers Up to Fail While Working Their Arse Off Before Getting Kicked (Out) in the Arse
Malicious and exploitative
SLAPP Censorship - Part 181 Out of 200: This is Really More Like Brett Wilson LLP v Schestowitz (Using Money From American Slop Companies, Plagiarism Pushers)
We approach the parts where we explain that the Application to the Court with Garrett's name on it was instead complaining about fair criticism of the combative law firm (irrelevant to any injunctions) as if it was impermissible to explain what it had done - and still does - to my wife and I
It Sometimes Feels Like Slop Companies Are Committing Online/Digital Crimes
"GPT" out of control
Gemini Links 13/09/2026: Why Omarchy is "Plain Disgusting" and "AI Slop" and Why "Plain Text To Do List" Rocks
Links for the day
Links 13/09/2026: Scam Altman Admits Issues (Financial), Rival Says Stop Slop (Plagiarism)
Links for the day
Windows Down to New Lows as Switzerland's Federal Government Abandons Microsoft (Where Feasible for Now)
That's how it starts...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 12, 2026
IRC logs for Saturday, September 12, 2026
Mass Layoffs at Microsoft as "Voluntary Separation Agreement" (or PIP)
the man who kept lying about the layoffs has just left the company
The Cyber Show on Media Clickbait About Slop as 'Existential Threat' and Derek Thompson's Response to That
Ignore the hype, focus on real news
Links 12/09/2026: "Revolt Is Here" Against Slop and "Top Chinese Court" Cracks Down on Slop That's Fake/Misleading
Links for the day
Gemini Links 12/09/2026: Rants About Slop, Switching From QWERTY, and Why TVs Are 'Cheap'
Links for the day
SLAPP Censorship - Part 180 Out of 200: A Third Act, (Mis)Using Your Client's Application to the Court for Your Own Purposes as a Law Firm (Reputation Management and Censorship)
How much can a lawfare firm get away with?
Canonical Has Withdrawn Ubuntu 24.04.5 Installer Due to a Critical Bug Connected to Microsoft-Controlled Restricted Boot and TPM
already breaking systems running GNU/Linux [...] Who asked for TPM in Linux?
SLAPP Censorship - Part 179 Out of 200: Using One's Clients to Save Face at Their Expense
Who's being served really?
Switzerland's Software Freedom/Digital Sovereignty is Improving as People Move to GNU/Linux
Well done to them
Links 12/09/2026: "U.S. Debt Surpasses $40 Trillion" and "Trump Wants to [Illegally] Bribe Voters."
Links for the day
Gemini Links 12/09/2026: Readjusting, Fighting Sleep, and FreeBSD bhyve
Links for the day
Matt Mullenweg Got the 'Linus Treatment' or 'RMS Treatment'
"back, but not in charge any more..."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 11, 2026
IRC logs for Friday, September 11, 2026
Earlier This Year Microsoft's Chief Liar Frank Shaw Lied About the Layoffs. Now He's Leaving.
he's nowhere near retirement age
Gemini Links 11/09/2026: Small Things and "Hitching Your Wagon"
Links for the day
Links 11/09/2026: Tristan Buckmaster Ripped Off by Slop, Social Control Media Spreads Hatred for Profit
Links for the day
Animals Smarter Than Chatbots
Quack quack goes the chatbot
Why Cyber Resilience Act (CRA) Won't Work
American companies don't follow laws, they work around them
IBM Isn't Reporting Layoffs, But It Removes Tens of Thousands of People From Its Workforce
Red Hat and IBM already mark people for removal
"A Tale of Two Antónios" Will Resume Soon
In November the site turns 20
Links 11/09/2026: Cyberattack in Berlin (Windows/Microsoft TCO) and Hype About Slop as 'Existential' Something; Scam Altman et al Caught Stealing/Plagiarising "Mathematical Breakthrough"
Links for the day
Microsoft/GNOME 9/11
Garrett and Graveley (Microsoft/GNOME) will have a lot to explain
Net Gain of 50 Gemini Capsules in Just One Month
a big jump in just one month
Keeping Linux Reliable
If Linux becomes a lot more reliable in the future, it'll be an "hey hi" miracle. If Linux becomes a lot less reliable in the future, we'll know why and who is responsible for it.
9/11 Was a National Event, Not an International Event
They insist that back doors will "save lives"
Very Sloppy PR From a Dying IBM, Company in Disarray and in Need of Distractions
IBM could really use distractions right now
Cyber Show on the Fallacy of Salary/Ego as a Function of Wisdom in the Era of Pyramid Schemes (Cheating People Using Buzzwords and Complicit Media)
"the remuneration fallacy and the role of reluctance as a negative feedback force."
What a Price-Fixing Cartel Can Look Like
If your prices increase five-fold or ten-fold and so do your revenues/income, what does that tell us?
SLAPP Censorship - Part 178 Out of 200: Explaining to Your American Clients That Spending 130,000+ United States Dollars on a Single Hearing in Another Continent Means the UK's National Archives Will Retain in Perpetuity What Your Spouse or Girlfriend Said
Balabhadra (Alex) Graveley should ask Garrett how much money he has lost so far
EPO's Local Staff Committee Munich Organises General Assembly Next Week, the Goal is to Oust the Corrupt President and Derail His Unlawful Agenda
They're aiming to show Campinos the door
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 10, 2026
IRC logs for Thursday, September 10, 2026
Latest IBM Gossip is, Over 25,000 People to be PIPed (by Year's End)
That figure, 10%, is different from 15% (what we saw a lot). 10% is over 25,000 staff.
Solidarity at EPO
"Many colleagues have made personal and professional sacrifices by participating in the ongoing strike and work-to-rule action"
Gemini Links 11/09/2026: Culture Stuck, Robot Symphony, and Back to Geminispace
Links for the day