Bonum Certa Men Certa

US Patent 'Industry' (Parasites) Defends Patently Broken System That It Profits From, Pushes for UPC in Europe

Promoting a swindle. Whose patent system is it anyway?

Big wheel



Summary: The USPTO, patent lawyers and the rest of the patents 'industry' carry on pushing for even more radical a system where parasites (like themselves) rather than inventors are financially rewarded, discouraging and retarding innovation in the process

THE USPTO has created a toxic environment for small businesses (and to a lesser degree medium- and large-sized businesses too) in the United States. In this new letter/column, published only yesterday, the author bemoans the current state of affairs:



Businesses large and small are unexpectedly receiving letters demanding money for alleged patent infringement.


"It leads to a false consensus, shaped for the most part by patent lawyers and other people who profit from the broken status quo."This is not a bad interpretation/opinion, even though it focuses on patent trolls rather than patent scope (software patents for instance). There is clearly dissatisfaction with this state of affairs, but people from the USPTO shut their ears and pretend that everything is great. Last month we showed how David Kappos, the former head of the USPTO, became rather delusional because he is stuck in the echo chamber of patent lawyers and is now profiting from it (directly). Now we see the lobbyists' favourite newspaper, The Hill, saying that "Attacks on patent system are unfounded" (that is the headline). Guess who wrote it... someone from an "intellectual property group" and the USPTO's "former commissioner for patents". No conflict of interests there? He pretends all fine and dandy at the USPTO and generally resists change. Quoting his own disclosure in full: "Stoll is a partner and co-chair of the intellectual property group at Drinker Biddle & Reath and a former commissioner for patents at the United States Patent and Trademark Office."

Why are so many voices weighing in on these matters not scientists and people who actually apply for patents? Or people who actually create stuff (without necessarily applying for patents)? It leads to a false consensus, shaped for the most part by patent lawyers and other people who profit from the broken status quo.

“If readers thought witnessing the Unified Patent Court legislative package wheedle its way through European legislation was fun...”
      --AmeriKat
Here in Europe we are seeing more or less the same thing. "We are currently witnessing some patent owners enforcing their patent rights exclusively using the European courts," wrote some US patent lawyers (this is a site of patent lawyers and vocal software patents proponents), referring to patent trolls that attack Europe as just "patent owners". These people also want the UPC, as one can imagine, because it can help patent lawyers make more money, also from the US (they can sue or issue cross-continental injunctions). "Now with the Unified Patent Court on the horizon," the author wrote, as if it is inevitable. Well, the EPO sure wants and lobbies for the UPC, which means more money and power to the EPO (at the expense of ordinary European citizens). It often seems like Europe allows itself to be the vassal not just of other countries but mostly corporations (not just European), with passage of TPP, potentially UPC, and perhaps yet more secret deals and laws that serve nobody except big businesses.

"If readers thought witnessing the Unified Patent Court legislative package wheedle its way through European legislation was fun," wrote this longtime proponent of the UPC (so-called 'IP' lawyer, going by the pseudonym AmeriKat) just hours ago, "they will equally enjoy the saga of the draft EU Trade Secrets Directive proposed by the European Commission."

It would be "fun" to "enjoy" only if one is sadistic, or an 'IP' lawyer perhaps.

Yes, well, at least we now know where we are heading if we continue to allow this whole 'public' debate to be managed by supposedly benevolent wolves, promising to guard misinformed or uninformed sheep. Practitioners in software and other disciplines need to rise up and speak up, or else things will only get worse. Patent examiners too needs to examine the impact of their work on society; who is ultimately being helped when large monopolists get the fast lane at the EPO? Who is this whole system really for?

Recent Techrights' Posts

The 50-Pound Note Experiment and the "War on Cash"
Britain is actually seeing a rebound in cash payments, and it's not a temporary phenomenon
 
The Solicitors Regulation Authority (SRA) Has a Policy on Racism and Sexism
In then future we'll show the misogyny and racial slurs
The Blob Slop
Give me more words, give me some text
Slopwatch: Blaming the Victims for Microsoft's Failures and Plagiarising Phoronix
That's what Google has been reduced to: slop and slopfarms
Links 22/09/2025: Breaches, Windows TCO, and Arrests
Links for the day
Gemini Links 22/09/2025: Rabbit Hole and DeGoogling Fairphone
Links for the day
Links 22/09/2025: Russian War Planes Invade NATO Airspace While Dihydroxyacetone Man Escalates Attack on Free Speech Because of Critics
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 21, 2025
IRC logs for Sunday, September 21, 2025
Links 21/09/2025: "Hey Hi" (Hype) Under Fire, Fakes Identified; Tesla Burns Family
Links for the day
Google's Software is Malware and Malware in Mobile Devices
Originally posted by Rob Musial
Links 20/09/2025: Hegemony Coming to a Close, Luigi Mangione Ruled Not Terrorist
Links for the day
Gemini Links 21/09/2025: "Charlie Kirk Was a Hateful Piece of Shit" and Slop Code Attempted by Microsofter
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 20, 2025
IRC logs for Saturday, September 20, 2025
Gemini Links 20/09/2025: Snowy Photos and utism is a Spectrum
Links for the day
Microsoft-Sponsored Xenophobia and Nationalism
IBM is very similar in this regard
Vintage is Sometimes Better
Why can't we get back to "simple" if (or where) "simple" means better?
Climate Breakdown Means We'll be Publishing More, Not Less
Press freedom will be a common, recurring theme
Our 5-Year Geminispace Anniversary is Coming Up
I still remember when Gemini Protocol was quite new
It's Right to Point Out Violence From the Right
Violence is a recurring theme
Tentative Summary of Things to Publish in Project 2030
I'll still be in my forties by then
Web Browsers That "Do Hey Hi" (AI)
State-of-the-art plagiarism or "autocomplete on steroids" (not coined by us, nevertheless a nice description) don't have much/any prospect
Links 20/09/2025: Hardware Projects in View, Some Independent Publishers About Russia Prosper After Cheeto Cuts Funding
Links for the day
Gemini Links 20/09/2025: Options and TV Time Machine
Links for the day
Links 20/09/2025: Retrocomputer, Antique Phone Experience, and More
Links for the day
Links 20/09/2025: Internet Shutdowns, Media Censorship, and Climate Worries
Links for the day
About 700 New Gemini Capsules in 13 Months (or 54 Per Month)
4.8K would represent a 20% increase
Rust People: Drain the Swap, You're Holding It Wrong
Does Rust make sense?
Techrights the Name Turns 15
About 6 weeks from now we turn 19
Microsoft is Running Out of Time and Floating Fake Figures, Fake Projects, Fake Narratives, Fake Excuses
Also, a lot of Microsoft's "revenue" claims are circular financing (i.e. Microsoft buying from itself, which means Ponzi-like fraud)
Slopwatch: LinuxSecurity, linuxconfig.org, and Plagiarised Phoronix
Many articles out there are nowadays fake
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 19, 2025
IRC logs for Friday, September 19, 2025
Gemini Links 20/09/2025: Navigating the Pressures of Modern Life and SpellBinding Accidentally Wrote Another Gemini Server
Links for the day