Bonum Certa Men Certa

Patent Reform Drafted, Addressing Wrong Matters, Unlikely to Resolve Litigation Epidemic

Seal of the United States



Summary: The patent policy and the so-called 'reform' in the US is still corporations-leaning, showing quite clearly the power that large corporations have over the government

OVER the coming few weeks we will gradually catch up with September news regarding patents. Software patents are our primary point of focus. The urgent news, however, is that a reform or several reforms have been put forth, neglecting the fact that a lot of litigation, extortion and other patent-based abuse come from practising companies, not patent trolls.



Articles are doing "anything to distract from the cause of the problem -- software patents," as iophk rightly put it, pointing to this article from Ars Technica. The FTC is going after trolls, but not the core issues or the companies that help trolls (Microsoft for example).

It's not just the US which thinks about patent reform. In Brazil, for example, there are "ten or so pages concerning software patents," writes Rene Mages (FFII), "beginning at page 199" of this document [PDF].

As Patent Progress helps show, evidence suggests that patent scope is the issue. According to this blog post, "PatentFreedom found that we’ve gone from about 168 companies defending themselves against business method patents in 2004 to 1423 in 2012. That’s almost a ten-fold increase in less than a decade! In fact, nearly 4 out of every 10 patent troll lawsuits now uses a pure business method patent."

Patent scope is the issue, not the scale of plaintiffs. The "troll" angle is not worth entertaining much, but propaganda around it has grown synonymous with reform (at the expense of patent scope).

Against Monopoly does not think that the existing patent reform draft will be pass at all. To quote:

Given the balance of forces in the Congress, passage seems questionable but one can always hope.


This so-called "patent reform" -- like 'reforms' before it -- is probably just a waste of time, a distraction, and a way to pretend that real problems are being addressed when in fact hardly anything improves, except for large corporations (they tend to not like smaller patent aggressors; they want a monopoly -- or oligopoly like CPTN -- on patent aggression).

Wikipedia defines reform as "the improvement or amendment of what is wrong, corrupt, unsatisfactory, etc." Removing the influence of corporations over US Congress would be the first (and prereqisite) reform that is needed right now. It's an inherently self-defensive barrier to progress which Professor Larry Lessig has been writing quite a lot about recently.

Recent Techrights' Posts

Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 07, 2025
IRC logs for Sunday, December 07, 2025
IBM's Mass Layoffs Will Continue Until Morale Improves
From recent hours
Links 07/12/2025: Political Catchup, Conflicts, Environmentalism
Links for the day
Gemini Links 07/12/2025: "Lazy Saturday" and Kubernetes With FreeBSD
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 06, 2025
IRC logs for Saturday, December 06, 2025
Links 06/12/2025: Science, Hardware, and Slop Fatigue
Links for the day
Contact Your National Representatives (Delegates) at the EPO, Here Are All the E-mail Addresses
We'll say more about this next week
Hopefully Slopwatch is Dying
Some of the offending sites we used to keep abreast of descended into a lull
Links 06/12/2025: Panic in the Slop (Chatbots) Industry and Perplexity Sued by New York Times for Plagiarising Articles Under Guise of "AI"
Links for the day
European Patent Office Issues: Points to Raise or Factoids to Share With Delegates of the EPO's Administrative Council
use their native language/tongue
European Readers, Get Ready to Contact Your National Representatives (Delegates) in the EPO's Administrative Council
Perfect timing might be Sunday or Monday
Why We'll Continue Our IBM/Red Hat Focus in 2026
There will be many more departures not only later this month but also next month
Links 06/12/2025: Slop's "Jeopardy Phenomenon" and RAM Shortage
Links for the day
Gemini Links 06/12/2025: Memories, "Sweetness and Burn", and Hope
Links for the day
Every Site That Uses Clownflare Had Worse Downtime/Uptime Record Than Ours
And the same goes for Azure and AWS
Software Freedom Conservancy (SFC) Does Not Work for Freedom, It Works to Secure the Massive Salary of Its President And Executive Director
We must be very effective then
Why (and When) I Become an 'Activist' Against Corruption and Abuse
The dictatorship bans criticism of the dictatorship. That's when there's a deadlock.
EPO Call for Action: Get Ready to Contact Your National Delegates, We Need to Remind Them That They Represent People
Today or tomorrow we'll publish contact details for national representatives in nearly 50 European nations
Links 05/12/2025: More Restrictions on Social Control Media and Slop, "Hype Can Turn to Backlash"
Links for the day
Like With Red Hat and Other IBM Acquisitions, the RAs (Layoffs) Seem to Already Extend to HashiCorp
Of course it is possible that HashiCorp staff just got PIP'ed or saw the writings on the wall and left [...] IBM is just a dying giant
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 05, 2025
IRC logs for Friday, December 05, 2025