Bonum Certa Men Certa

Patent Fights Over Reform Focus (Marginalising Small Actors), Courts (Judges) Versus Patent Offices (Large Businesses)

EPO boards



Summary: Two powerplays (or 'Turf Wars'), one involving the scope/scale of patent aggressors being tackled and another involving justice versus greed (or so-called 'production')

THE latest bill (among several) which claims to be tackling the patent chaos in the United States was covered by the EFF the other day. To quote: "The Trade Protection Not Troll Protection Act is the newest of several patent reform bills introduced in Congress this session. Introduced by Reps. Tony Cardenaz (D-CA) and Blake Farenthold (R-TX), H.R. 4829 addresses patent litigation’s lesser known forum, the United States International Trade Commission (ITC), a federal agency that investigates unfair trade practices."

They are still dodging reform revolving around patent scope, neglecting to see (maybe not deliberately) that many patent trolls rely on software patents. As many as three quarters of them attack legitimate companies using software patents, which means that eliminating software patents would almost eliminate the trolls (among other patent aggressors). Companies such as Microsoft and IBM want politicians distracted by and thus obsessed with "trolls", hence leaving the large patent aggressors (hardly any different from trolls) untouched.

"As many as three quarters of them attack legitimate companies using software patents, which means that eliminating software patents would almost eliminate the trolls (among other patent aggressors)."Alice has changed a lot since the SCOTUS ruling on the case. Software patents should nowadays be assumed invalid until/unless proven otherwise by something not as corruptible as a for-profit system (patent laywers or patent offices) but a pro-justice system (courts and TTAB or PTAB [1, 2]). We were reminded of that in light of this new post euphemistically titled "Presumption Against Improper Inventorship". "Here," says Patently-O, "the Federal Circuit reviewed the evidence presented and agreed that it was ambiguous at best. As such it was insufficient to overcome the ‘heavy burden.’"

What we have here is justice (courts) versus a production line (the greed-motivated USPTO). Another Patently-O post was titled "Battles between the PTO and Courts" (regarding the USPTO, as it relates to trademarks as well). To quote: "Back in the district court, Alabama then asked for and received a new order from the district court judge — this time expressly ordering the USPTO to vacate its prior determination. The court wrote: “In June 2015, the TTAB essentially (and inexplicably) treated the court’s Order as a request, and issued a decision refusing to comply with this court’s Order.”"

What's noteworthy here is the divergence or the difference between a court's position and the position of those who profit from just accepting everything (rejections discourage further applications or high application frequency). In the case of the EPO, for instance, Battistelli hates judges so much that he illegally banned one of them from going to work (an act legalised by the clueless Battistelli only after the act) and now threatens to eliminate the boards. They stand in the way of his "production" propaganda [1, 2, 3] because they keep highlighting errors and intimidate potential applicants (by simply doing their job, which is assuring patent quality).

Recent Techrights' Posts

People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025