Bonum Certa Men Certa

Large Corporations and Their Patent Lawyers Up in Arms After US Government Effectively Abolished a Lot of Software Patents

Won't take no for an answer...

ISDS



Summary: The growing conflict between public interests, government patent policies, and rich people (or their corporations) who want it all, not to mention their lawyers/lobbyists

TODAY'S EPO openly promotes software patents in Europe, in effect, metaphorically, spitting on the EPC on which it was founded. This is what happens when maximalists are foolishly put in change. What happens in the US right now is also interesting. Corporations there control the government more so than in Europe, and some increasingly take their government to court over alleged 'damages' (i.e. policies that don't favour said corporations).



Never forget CAFC's introduction of software patents several days ago. Now, see this latest post about CAFC, which says: "As a starting point for most claims against a government is with sovereign immunity. The U.S. Government claims sovereign immunity against suits except where waived. In the patent context, the U.S. government has waived its immunity, but limits the procedure and form of recovery. In particular, 28 U.S.C. €§ 1498(a) provides that “the owner’s remedy shall be by action against the United States in the United States Court of Federal Claims for the recovery of his reasonable and entire compensation for such use and manufacture.” The statute also provides cover for contractors or other non-government-entities who infringe the patent “with the authorization or consent of the Government” so that those actions must also be pursued against the U.S. Government. The Court of Federal Claims is located in the same Madison Place building as the Court of Appeals for the Federal Circuit."

As we noted in passing in the previous post, ISDS (and its encapsulating 'hosts', e.g. TTIP/TTPP) is becoming a growing danger. Can corporations, in the guise of "investors", sue the government for taking action against software patents? Can patent trolls too foresee lawsuits against the US government, over Alice at SCOTUS for example? SCOTUS (US Supreme Court) typically rules in favour of corporations, with or without Scalia at the helm, and this new report from WIPR says "US Supreme Court hears arguments on enhanced damages" (who after all would benefit from that?).

Yesterday we found this new paper from Martin H. Snyder of Main Sequence Technology Inc. The abstract says: "Patent systems have not successfully adjusted to the advent of the Information Age. Law developed during the Industrial Age generates harmful distortions when faced with process-based inventions that result in new and useful information. Congress and the courts have attempted solutions, but they are unsatisfying in aspects of repeatability and lack of coherent separation of subject matter eligibility and patentability, with such separation seemingly implicit in the scheme of the patent act. A unifying doctrine of eligibility for information inventions is needed that adheres to standing patent law, court procedures, and normative expectations. Courts should require that process-based inventions have an identified result, which should be construed as a matter of law. Current Markman procedures should be expanded and treated as both eligibility and probable cause phases of the validity inquiry. There is a bar on inventions considered to be abstract ideas, as well as a bar on patenting printed material. These longstanding bars exist because virtually any human activity may be characterized as a process, thus bringing unlimited patent rights into direct conflict with other Constitutional rights. Despite those bars, thousands of computer and biotech patents have issued that constructively cover information and/or the utility derived therefrom. Finding disqualifying abstraction in eligibility and disqualifying abstraction in patentability requires different tests. If a process-based invention’s result is found to comprise information, a new test for eligibility should be applied. The current Alice test should be applied to the patentability inquiry. Abstraction is a continuum on linguistic and semiotic levels, requiring social conventions to create meaning. Finding justiciable meaning in social conventions creates insurmountable challenges to ethical enforcement of intellectual property rights. The literal root of the word abstract means to “draw away”, or consume. The proposed eligibility test requires that the information-consumer of a process-based invention’s result may not be a human being. Because non-human intelligences are a new fact in the world, products of human ingenuity, and essential actors in the Information Age, if the information-consumer is non-human, the information result of such a process-based invention should be patent eligible, subject to statutory and common law patentability requirements. There have been other proposed approaches to solving this problem, but all fall short for various reasons. This proposed new test focusing on the information-consumer is simple to apply across the arts; is technology neutral, intuitively appropriate, empowering of innovation in the Information Age, and highly fitted to American ideals."

What we have here is a corporate lobbying (de facto lobbying) trying to push for software patents in "paper" form (academic guise), much as David Kappos did last year. These people profit from software patents and they are increasingly upset at their government for ending a lot of software patents after a SCOTUS ruling. ⬆

Recent Techrights' Posts

Intercontinental Brigading - Part XXXXII - Running One's Mouth
British Police told me "making a false complaint to police is a crime" in relation to Lozza
The Register MS: Turnover Fell by Over a Million Pounds (About 20%) in One Year, Administrative Expenses Rose by Almost Half a Million Pounds, The Register MS Operates at a Loss
This is not a (commercially) healthy publisher
 
At The Register MS the Net Liabilities Doubled in One Year, Tangible Assets Down About 35% in One Year
signed off in 2026
Another 20 Years of Exposing Corruption
We'll focus on carrying on what we do
EPO Budget and Finance Committee (in Very Recent Meeting) Increases Bribes to People Who Vote on Campinos Reappointment ("Cooperation Activities")
Buying 'elections' to protect the cocaine-stained regime in Europe's second-largest institution
Links 07/11/2026: London's SLAPP Industry Now Targets Kirkenes (Northern Norway) at the Behest of Corrupt Thieves in Russia and Microsoft’s 'Buyout' Offer Crashes Microsoft Systems
Links for the day
Links 07/11/2026: "The Moon is Waning Crescent", Homeworlds, and "Can't Handle The AVIF!"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 06, 2026
IRC logs for Friday, November 06, 2026
IBM Compels Workers - Even at Red Hat - to Become "Retired-ish"
Who needs RAs (layoffs, which have been rebranded as "buyouts" like pink slips are generous "gifts") when workers can have their butts kicked every day and WARN Act reporting thresholds are never approached?
Links 06/11/2026: "XBox Is Closer Than Ever to Being Sold Off" and "BuzzFeed Stock in Free Fall"
Links for the day
Gemini Links 06/11/2026: Dao and Dreams
Links for the day
20 Years of Techrights
Celebrating 2 decades of abuses of power being watched (and looking back at key changes)
Linux (and Linus Torvalds) Sleepwalking Into a Binance-Level Catastrophe With Slop 'Code'
Someone should ask Linus Torvalds or his boss (Linux Foundation) if they deem slop, which nobody audits, trustworthy enough to add to every computer out there running the Linux kernel
Vitaly Orlov Weaponises Deep Pockets to Leverage High Court of Justice in London for Censorship and Punishment of Critics
reproduced in full for more exposure and to make censorship harder
Intercontinental Brigading - Part XXXXI - What I Told British Police About Lozza the Same Month Garrett Was Preparing His First Nastygram From 'Hired Guns' Brett Wilson LLP
Lozza and Garrett
Outsourcing at IBM
Cheapening of the workforce is hardly a new problem
Links 06/11/2026: Slop "Companies Race to Lock Down Oil Clients" and Salon Shuts Down
Links for the day
Our Third Decade
Our anniversary is tonight at midnight
Freedom Is Not Free of Charge, Freedom Can be Very Expensive
Being someone's "slave" is the "default" when no resistance exists
Intercontinental Brigading - Part XXXX - Swatting by Proxy
Using imbeciles who lie to cops and then dox cops (and already have arrest record and court documents wherein they admit being stoned in front of the cops)
Intel Craters at Taxpayers' Expense (Bailouts for Failing Companies Simple Don't Work)
GOP, which did this, has lost many seats
Mass Layoffs at IBM, Also Outsourcing to India
What IBM does to itself it is doing to other entities as well
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 05, 2026
IRC logs for Thursday, November 05, 2026
During Strikes and Industrial Actions Lots of EPO Staff Organised Yesterday and Will Do the Same Next Week
There really needs to be a genuine election, not a reappointment
Gemini Links 06/11/2026: Hadestown and "Where Has the Electronics Shop Gone?"
Links for the day
Links 05/11/2026: Rule of Law Vanishing in Turkey, Joshua Wong Still Martyred by Chinese Regime
Links for the day
Gemini Links 05/11/2026: Classical Music, Politics, and Seeed Studio
Links for the day
Like Almost Every Slopfarm, UbuntuBuzz Seems to Have Thrown in the Towel
Linuxsecurity and Linuxiac (to some extent Linuxjournal) are still going, but for how much longer?
EPO 'Midterm' Elections Should Oust the Dictator
Tentatively a failure to secure another (unprecedented) reappointment before Christmas
Secret IBM Layoffs and Increase in PIPs (Silent Layoffs)
The media is failing to do its job
Links 05/11/2026: "Voice is Underutilized" and How Data Centres Lost the Midterm Elections
Links for the day
Intercontinental Brigading - Part XXXIX - Crime Numbers Regarding GGG (Americans) and Why Those Still Matter
Time does not undo the actions
Intercontinental Brigading - Part XXXVIII - Telling the Police About the Defamatory Blog Where Posts Targeted My Wife and I (From Across the Atlantic Ocean)
Two years ago we spoke to cops a lot
The Register MS is Losing Money Again, Based on The Register MS
Selling out didn't pay off for very long
There Are No "Layoffs" Anymore, Layoffs Got Rebranded
We're entering bizarre times when layoffs are said to be "down" (according to the regime that suffered a 'bloodbath' in the election) because companies quit using the term "layoffs"
Gemini Links 05/11/2026: Rivers of London, Soul Cakes, STMicroelectronics, and Slop
Links for the day
The Register MS Has Just Published Fake Article With "AI" 84 Times in the Page Because It Was Paid to Do This!
Astounding number of mentions of "AI" (84 in total)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, November 04, 2026
IRC logs for Wednesday, November 04, 2026