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Patents Roundup: IAM's Claims About India, Lawyers' Patent Bias, ITC for Microsoft, and PTAB Against Kyle Bass

Urbis



Summary: Another weekly summary, focusing on issues that pertain to or affect Free software in particular

THIS post looks at the past week's news and groups the news by topic.

Software Patents in India



The patent maximalists from IAM wrote at the very beginning of this week that "India is becoming more receptive to software patents", despite the fact that software patents are not allowed in India. IAM is framing India's policy as a bad thing: "Two subject areas have long dominated critiques of the Indian patent system by foreign (and especially US) companies and government bodies: pharmaceuticals and software. But, the recent release of new guidelines for the examination of computer related inventions (CRIs) by the Indian Patent office (IPO) provides the latest sign that the country may be headed in a more software-friendly direction. That has the potential to affect not just filing activity in the country, but also efforts to sign up licensees there."

We have not seen this anywhere else in the media, only in IAM, which is strongly biased on favour of software patents. India is hopefully not falling into the software patents trap at the same time that the US is cracking down on software patents (court rulings post-Alice and consequently new examination guidelines).

ITC Defends Microsoft



"For years, despite lack of fairness, the ITC has helped Apple (US-based company) ban rival imports."The 'International' Trade Commission is not international at all; it's a US apparatus for US megacorporations, as we have shown before. Now that Microsoft hypocritically complains the ITC defends one patent troll (Microsoft) from another (smaller) patent troll, based on several news reports [1, 2, 3, 4].

This whole episode mostly serves to show how biased the ITC really is. For years, despite lack of fairness, the ITC systematically helped Apple (a US-based company) ban rival imports. This affected only rivals from east Asia. The ITC bureaucracy ought to be challenged. Who does it really serve?

Patent Bias



Watch patent lawyers and propagandists at IP Watchdog pretending everything is great and that even patents on business methods are possible, post-Alice. They're asking questions like, "Are Patents Getting Their Mojo Back?" Well, the very opposite is true.

Prof. Mark Lemley of Stanford Law School recently came up with an eye-catching headline, "Faith-Based Intellectual Property". It's the title of a paper whose abstract bemoans policies that are based on dogma rather than reality. The abstract states: "The traditional justification for intellectual property (IP) rights has been utilitarian. We grant exclusive rights because we think the world will be a better place as a result. But what evidence we have doesn’t fully justify IP rights in their current strong form. Rather than following the evidence and questioning strong IP rights, more and more scholars have begun to retreat from evidence toward what I call faith-based IP, justifying IP as a moral end in itself rather than on the basis of how it affects the world. I argue that these moral claims are ultimately unpersuasive and a step backward in a rational society."

The term "faith-based IP" (ignoring facts, embracing dogma) resembles the terms often used in the copyright debate, where the wishes and the interests of the very few (moguls and middlemen) outweigh public interests. It's class war. Controversial new laws are being used to authorise passage of wealth and power to few plutocrats' hands -- plutocrats who also happen to bribe politicians for these laws to be passed.

Meanwhile, a plutocrats' oppressive tyranny uses a famous casino's hotel (I was there earlier this year just to look around) in order to harbour more ‘IP’ nonsense, as covered by IP Kat (with its new policy for comments) in a four-part series [1, 2, 3, 4], concluded by this final (belated) part. Watch how lawyers collude or conspire in super-expensive places to just monopolise things; public input has zero impact on their decisions or findings.

PTAB Versus Kyle Bass



Kyle Bass was mentioned before, but rarely regarding the patent pressure he was using to crash companies (we covered this once before, but not in great depth). According to this, "Kyle Bass, the hedge fund manager who filed a number of inter partes review petitions against pharmaceutical companies, has struck terror into the shriveled hearts of the pharmaceutical industry. The first petitions he filed were against Acorda Therapeutics, and its stock dropped on the news.

"The pharmaceutical industry immediately started lobbying to change IPR procedures to make themselves invulnerable. Senator Coons even offered an amendment to the PATENT Act to block IPR petitions from anyone who hasn’t been sued for patent infringement. (The amendment failed.)"

PTAB's involvement is noteworthy here. There's more about PTAB in IP Kat and bigger sites for lawyers [via]. To quote the most prominent article: "Kamholz was on the front lines as the America Invents Act (AIA) remade the PTAB and created new proceedings that revolutionized patent litigation. About 60 new administrative judges, many with prestigious resumes in private practice and government service, have joined about 25 veterans of the PTAB’s predecessor, the Board of Patent Appeals and Interferences, to take on most of the inter partes reviews (IPRs) and covered business method reviews to date."

Here too we have patents being used by billionaires (or at least millionaires) to rig the market. When will more people out there realise who the patent regime really serves?

Recent Techrights' Posts

Father of GNU Giving Keynote Talk Today, Father of Linux Collaborating With Linus Tech Tips (LTT)
Some time soon we can expect Linus Tech Tips (LTT) / Linus Media Group / Linus Gabriel Sebastian to produce something with Torvalds
LLM Slop is an Addiction One Can Quit
Sites that crossed over to "the dark side" (slop) can still return, and even fully regain the trust lost by betraying people with 'botspew'.
BILD is Apparently Covering Up Cocaine Use at Europe's Second-Largest Institution, the European Patent Office, as It's Based on Germany
Journalist contact details
 
German Media and German Politicians: Working for the Public or Manipulating the Public?
The "common person" does not have printing presses
Informing the Public of Suppressed Facts
We are all in this together
Canadian Linus Meets Finnish-American Linus
LTT does have a very large audience, which it can steer away from Microsoft and Windows
The UK's Online Safety Act (OSA) Discourages Technological Entities, Including Free Software Projects, Being Based in or Near the UK
When it comes to IRC hosting, we never had any serious speech restrictions imposed upon us by the UK
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 15, 2025
IRC logs for Saturday, November 15, 2025
Gemini Links 16/11/2025: Emacs Font Fun and UI x TUI x CLI
Links for the day
Flagging or Labelling LLM Slop Meaningfully to Discourage the Practice
We're still refining the annotation for better contrast
Techrights Site Search Pushed to 'Stable'
we've just added it to the navigation menu and footer
Situation Publishing's DevClass (Sister Site of The Register MS, Run by MS Tim) Has Been Abandoned, Microsoft's MS Tim Now Interjects Anti-Linux Directly Into The Register MS
Not only does this sell Microsoft; it's also googlebombing - as before - the real "maui" (or "MauiKit" in Linux).
Many IBM Workers to Become Unemployed a Few Weeks - Maybe Just Days - Before Christmas
as one last humiliating exercise IBM pimps/trots them out in social control media, telling "happy" stories
Slopwatch: LinuxSecurity, WebProNews, and Linux Journal (Slopfarms)
More fake articles about "Linux"
Links 15/11/2025: Openwashing of Kubernetes and Austerity Planned for Canada
Links for the day
Links 15/11/2025: "Small Web, Big Voice" and China Cracking Down on Slop
Links for the day
Links 15/11/2025: Science, Conflicts, and International Politics
Links for the day
Annus Horribilis at the European Patent Office (EPO)
The article explains how the EPO "Cocainegate" scandal is turning 2025 into an Annus Horribilis for Campinos
Links 15/11/2025: Latest in "Component Abuse Challenge" and Qt Keeps Promoting LLM Slop
Links for the day
Gemini Links 15/11/2025: Egoism, Misunderstood Universe, DeX, and "Why desktop Linux is growing"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 14, 2025
IRC logs for Friday, November 14, 2025
Richard Stallman Talk Tomorrow in Ethereum Cypherpunk Congress 2
It's not clear if a livestream of some kind will exist
Many "Last Days" at IBM on Allegedly the "Last Day" for IBM to RA People This Quarter
"Last day" is "social media code" for "got laid off", more so at IBM because they compel people to act like it's a happy departure with gratitude, photos and so on
Slopwatch: Almost a Majority of Google News is Now Slopfarms (Fake Sites, Fake Articles)
Google News is noise
Gemini Links 14/11/2025: Boredom, "Twenty Percent Cooler", and Moving From Windows to Artix
Links for the day
Links 14/11/2025: YouTube's Trap for Publishers, Lack of Accountability a Growing Legal Matter/Concern
Links for the day
Many Times in the Past We Said That Microsoft Lunduke Was Becoming a Spokesperson/Voice for - and Occasionally Weaponising - 4Chan. He's Proving Us Right This Week.
Stay away
The Register MS is Profiting From Pyramid Schemes Run by Americans
We cannot help but feel disgusted by what this publisher became
IBM: Hiring, Then Disposing of, Unpaid or Low-Paid European Staff to Spread or Play Up Buzzwords and Hype
Like Google With "Summer of Code", this seems like a low-cost marketing stunt more than anything substantial
Casual Reminder That We Also Publish GNU/Linux Stories and News Coverage in Tux Machines
Without trust in our robustness (including fearlessness, not just success in protecting stories and sources) we'd not have come this far, nor would I devote my life to it
The Europe Conversation: The EPO Has Cocaine at the High-Level Management and Isn't Denying It
Now we plan to ensure the matter is properly documented in European press
Links 14/11/2025: Goddard Space Center Abused by the White House, Jeffrey Epstein Scandal Expands (Cheetos Need Distraction)
Links for the day
Corporate Media Helps IBM Relay Vapourware (Misinformation/Fake News)
They compensate with words for a lack of compelling products
Hacking on Recipes
Maybe, in due course perhaps, we can also release some of our own cooking recipes or "forks"
Web Searches Far Too Polluted, Gamed by LLM Slop and "Plagiarised Information Synthesis Systems" (PISS)
old articles are already getting difficult to find in mainstream search engines, even if they are still online
Privacy-respecting Metasearch Engine SearX/SearXNG Still Jailed by Microsoft
The official site and code still sadly controlled by Microsoft
"AI" is a Lie. It Always Was. What They Call "AI" Is Not.
This MSM does no favours to the economy
Our First Week of Our Twentieth Year
My wife and I have had a very productive week here and in Tux Machines
Links 14/11/2025: Sleep Research, France to Suspend Pension 'Reform' Law, and Linux Foundation's Latest Openwashing
Links for the day
Gemini Links 14/11/2025: KDE vs XFCE and Leaving the Web
Links for the day
Google Admits It Lost Control of Slop (While Google Itself is Selling Slop, Currently Under the Name "Gemini" Instead of "Bard")
Slop is nothing to be celebrated
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 13, 2025
IRC logs for Thursday, November 13, 2025
Mozilla Handed Over Control Over Firefox to Microsoft, Now Firefox is Preloaded With Microsoft Spyware and It's Proprietary
Who would still want to download Firefox?
Slopwatch: LinuxSecurity, Brian Fagioli, and WebProNews
becoming a slopfarm is a site's suicide
"Sponsored Posts" in The Register MS
That's The Register MS in 2025
IBM RAs in India (Apparently)
IBM is a bad place to work
Another Richard Stallman Talk in Two Days
His talk will be a remote talk, as he won't be travelling to Argentina