THE USPTO is the main remaining barrier to abolition of software patents. The US Supreme Court already ruled on the subject, but the USPTO, which is powered by greed (just see what former Director Kappos is doing these days), refuses to obey the courts until it must, as it damages the USPTO's reputation and valuation of patents.
"Actually, considering the original idea behind patents, secrecy oughtn't be needed (nor protected)."If patents are about publication, which is what they were about in the first place (at time of their inception), how come so much secrecy and even talks of an appeal to the US Supreme Court, SCOTUS (regarding secrecy)? According to this new article: "Given the dissenting opinion in this case, a further appeal to the Supreme Court is not inconceivable. Unless and until that happens, however, communications between a patent applicant and their patent agent that are directly related to the preparation and prosecution of a patent are entitled to privilege. The difficulty will be in recognising when the line is crossed and, in grey areas, it is very likely that we will continue to see attorneys copied into correspondence."
Actually, considering the original idea behind patents, secrecy oughtn't be needed (nor protected). Why should SCOTUS resources be wasted on such matters? Besides, as we have already shown for nearly 2 years, the USPTO hardly cares what SCOTUS says. Courts continue to smash software patents to pieces, whereas the USPTO continues granting software patents. As this new article/blog post points out today, the issue is further complicated by the notion of computer-generated patent applications and minds as computer metaphors. "Courts now routinely," says the author, use a particular subcategory "to invalidate claims for software inventions that “can be performed in the human mind, or by a human using a pen and paper.”"
"Nobody benefits from all this red tape except monopolists and their lawyers (the monopolists already have them among staff, and the legal costs scale fine with their huge business base)."We saw such wordings before ("pen and paper" analogies), even in court rulings. The second aforementioned article (both from Bilski Blog) notes: "As the AlphaGo-like computers continue to help human predict the unpredictable and make fast breakthroughs, it also raises important questions about inventorship and challenges our present patent system. To have a well-functioning patent system in the digital age may require a rethinking of inventorship by our courts and legislature."
Nobody benefits from all this red tape except monopolists and their lawyers (the monopolists already have them among staff, and the legal costs scale fine with their huge business base).
"Patent systems without restrictions on scope are bound to become just filing systems that are ultimately obsolete."According to another new article from today, Uber gives yet another reason for a boycott as it pursues software patents to ensure monopoly whose overall (societal) cost would be huge. "It's unclear how Uber's new patent could affect Lyft's application of its own “Prime Time” dynamic pricing feature," wrote the author, "if at all. In recent years many in Silicon Valley have argued the process for obtaining software patents is flawed."
Later today we are going to to touch several related matters. Patent systems without restrictions on scope are bound to become just filing systems that are ultimately obsolete. ⬆