Bonum Certa Men Certa

Corporate Media Confirms the Demise of Software Patents in the United States; Will India and Europe Follow?

Gavel



Summary: It has become increasingly official that software patents are being weakened in the United States' USPTO as well as the courts; will software leaders such as India and Europe stop trying to imitate the old USPTO?

YESTERDAY we wrote about the measurably huge decline in the number of patent lawsuits in the US. There is some more good news in the form of figures.



Andrea Peterson, writing for the Bezos-owned Washington Post, says that "Software patent approval rates sink in months following Supreme Court case". The patent lawyers, understandably, are stressed about this. They spent so much time attacking the decision or trying to characterise it as anything but a game changer. We gave dozens of examples at the middle of this year. Here again are a couple of patent lawyers using a straw man: "it is doubtful that all software, computer-implemented and business method inventions will be affected by Alice. For example, software inventions that improve the functioning of a computer, or improve other technical fields, may still be eligible for patent protection. Still, while the full effect of Alice is yet to be determined, entities seeking to patent inventions directed to software, computer implementations, and business methods, need to ensure that inventions are sufficiently innovative and directed to concrete ideas."

"The patent lawyers, understandably, are stressed about this."Mike Masnick already caught the news from the morning and wrote: "The impact of the Supreme Court's ruling in Alice v. CLS Bank continues to reverberate around the industry. We've already noted that courts have been rapidly invalidating a bunch of patents, and that related lawsuits appear to be dropping rapidly as well. And, now, a new analysis from a (pro-patent) law firm suggests that the US Patent Office is rejecting a lot more software patents as well."

Software superpower India does not have software patents, but after meeting executives from Microsoft (which has enormous influence over the Indian government), Amazon, Facebook and other patent aggressors it looks like things may change. According to this article about Modi's trip to the US:

The US-India Joint Statement signed during Modi's visit to the US has opened the doors for two Indian laws that have been passed by the Indian Parliament. One is on patents – the Indian Patents Act – that contain some measures to keep drug prices low for the people, which the US and its pharmaceutical industries have been trying to change for the last decade. The second is on nuclear liability, again anathema to the US nuclear industry.


Here is a little something about privacy too: "The Modi visit is also important for what he did not raise with the US government. There was no mention of the NSA spying in India, which included the BJP as well. There were six political entities in the world that the NSA spied upon officially, and one of them was the BJP. India is also one of the 33 countries that have signed a 3rd Party agreement with NSA giving it access to our telecommunications and Internet infrastructure. That means India not only allowed NSA to spy on any entity or any person in India but also provided them the physical access required for such spying. Modi not only did not utter one word of protest against such spying against his own party, but also made clear his intention to continue such relationship under Defence and Homeland Security clauses of the Joint Statement."

It is sad to say this, but India seems to be assimilating to the US system when it comes to patents and also when it comes to militarisation and surveillance.

As we showed before, the corrupt EPO is bringing Europe closer into alignment with the corporations-run USPTO while the USPTO itself is moving away from software patents these days. We covered this aspect of the situation several weeks ago.

Our next post will focus on some more scandals from the EPO.

Recent Techrights' Posts

Synthesised Voices Aren't a New Technology (the Hype Might Be, They Call It "Hey Hi" Now)
I still consider this an extension of the "hey hi" (AI) hype
 
Almost Half the Web Users Connecting to Your Site Are Using Linux
almost 1 in 2 Web-connected devices runs Android and about 2% run "proper" GNU/Linux
The Web Has Severe Amnesia Problems, But We Still Remember How Gilberto Gil Promoted Free Software in Brazil
The Digital Tipping Point (DTP) is years behind us now
LLM Hype is Already Descending, Apple Stopped Investing in the Money Furnace
Wall Street is a perverse force in the technology market, incentivising the most harmful (and mostly useless) things
Change Control and What Will Come After Git (If That's Still Possible at All)
It would be wrong to believe (at least misguided) Git can be a "standard" skill 30 or 50 years from now.
On the Web, HTTPS Has Actually Become a Privacy Problem (Broadcasting Usage/Access to the All-Seeing CA Eye). Geminispace Doesn't Have This Problem.
Down to 23 capsules: the rapid demise of Certificate Authority (CA) Let's Encrypt in Geminispace
Links 07/10/2024: Politics, Education, Wars, Financial Crunch
Links for the day
Munich Was Having Real Difficulties Moving From GNU/Linux to Windows
How many are still using GNU/Linux?
Links 07/10/2024:China’s 'Deflation' (Price Decreases), Brazil Still Bars Twitter ("X")
Links for the day
Links 07/10/2024: "Creative Computing" Turns 50, Long War in Middle East Turns 1
Links for the day
Gemini Links 07/10/2024: Luck and Dishonesty, Gaming Getting Worse
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 06, 2024
IRC logs for Sunday, October 06, 2024
EPO: We Give Recognition to Frauds
Good to see some frank recognition right there in the EPO's own Web site
Even Though We Don't Focus on statCounter for Now (Not Our Top Priority) GNU/Linux Reaches New Highs This Month:
We caught GNU/Linux at 4.86% before, but only temporarily
Links 06/10/2024: Ham Radio for Recovery, Health Problems Worldwide
Links for the day
Gemini Links 06/10/2024: Special Interest Galore and Religion
Links for the day
Keeping Control Out of Dictators' Hands
When people are just "numbers"...
Links 06/10/2024: Misinformation Growing on the Web, "Hey Hi" Hype Waning for Lack of RoI
Links for the day
[Meme] Years Have Passed and EPO Management Still Isn't Obeying a Ruling From a Court Regarding Communications Between Staff
Representatives talking to their staff is "privacy violation"?
Presentations of the Staff Union of the European Patent Office in Its Headquarters Tomorrow After Work
Annual General Meeting and reports
Gemini Links 06/10/2024: SSH Keys and Hobby Game Development
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 05, 2024
IRC logs for Saturday, October 05, 2024
[Meme] How to Keep Granting Hundreds of Thousands of Fake Patents (Without Upsetting Anybody in Politics and Media)
This is very Kremlin-like
EPO Examiners to Adopt Resolution Condemning EPO Management for Breaking the Law in Order to Grant Many Illegal Software Patents
Europe's second-largest institution (EPO) is a law-breaking institution hiding behind the veil of "law"
[Meme] Sup, Nazi?
"Come back, one year"
Calling "Nazi" and "Right Wing" Everyone Who Does Not Agree With You (Even Leftists Whose Views on Some Issues Slightly Differ From Yours)
Oil money has become exceptionally notorious for takeover of online platforms and institutions/NGOs (using them to incite society inwards, not upwards)
EFF Losing the Plot
Like the Linux Foundation and OSI, the EFF has succumbed to corporate influence and is derailing itself (along with its original mission)
Links 05/10/2024: Patents Being Squashed, EFF Insists on Children's Access to Porn
Links for the day
Gemini Links 05/10/2024: Multitudinous Agreeable Futures and Misfin Mail
Links for the day
EFF Celebrates Microsoft Windows and Microsoft Office as "Digital Inclusion", Mocks GNU/Linux-Based ChromeOS
Yet another example/evidence that EFF has become a rotten pile of junk
Links 05/10/2024: Amazon Culling 14,000 Managers, About 160 People Resign From Automattic
Links for the day
Microsoft Moles in Nerdearla, Openwashing and Whitewashing Microsoft With Its Latest Ponzi Scheme and Storytelling
Also GPL violations en masse
The Danger of Outsourcing Your Platform to Social Control Media and Getting "Information" There
Stella is probably not aware of what she has just done
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 04, 2024
IRC logs for Friday, October 04, 2024
Links 05/10/2024: Shift to ARM, Microsoft XBox Crisis
Links for the day