Bonum Certa Men Certa

Independent and Untainted Web Sites About Patents Are Still Few and Rare

Summary: Commentary about news sources that we rely on, as well as the known pitfalls or the vested interests deeply ingrained in them

TECHRIGHTS started in 2006 primarily as a campaigning site. Our first campaign was about patents and about Novell. We have since then never been funded or affiliated with anyone. We are not perfect, but nobody out there is able to claim that we're compromised by some monetary interests. I actually left my job as a writer (for a large publisher) the following year, after I had experienced editorial censorship that impeded my freedom of expression and inevitably led to an unhealthy dose of self-censorship (could not quite criticise the advertisers/sponsors).



"We are not perfect, but nobody out there is able to claim that we're compromised by some monetary interests."It's no secret that a lot of news sites are funded (salaried) by venture capitalists who want something in return (like selling of an agenda for some particular client/s, setup of 'events' for lobbying etc.) and sites of patent lawyers are all about shameless self-promotion (even IP Kat resorted to that). They're not reader-funded and definitely not independent. In the case of sites like IP Watch, there seems to be relatively real independence; Patently-O, on the other hand, seems indebted or beholden to the funding sources of Crouch's university and the drivers of his research. There is no true independence there. As for the UK-based IAM and MIP (Managing IP), just look where their subscribers and partners come from; they are both megaphones of the patent microcosm and occasionally the EPO's too. In Patent Docs, Donald Zuhn's (Boehnen Hulbert & Berghoff LLP) choice of top patent stories for last year omits cases where software patents are rejected and instead focuses on the opposite, i.e. more of the usual. Also see MIP's "Cases to look out for in 2017 - Japan and China" (it's actually behind a paywall, so only the patent microcosm is likely to read it all). As we repeatedly said here before, a lot of the corporate media is still steered by the patent microcosm whenever it covers patent issues/news; it either quotes it extensively, consults it extensively (for supposed fact-checking), or simply hands over the platform to it (guest posts, occasional columns and so on).

Firmly established bias connected to the income sources (strings) cannot be dismissed, ignored or downplayed. It's a crucial factor and it's almost everywhere. Some sites, such as Wikileaks, rely on donations from the public ; media partners too provide a cushion. Here is how they present their list of media partners (past and present):

Wikileaks partners



Not everyone out there likes Wikileaks. It is thoroughly demonised by corporate media which deems it "competition" and envies its breadth of sources, troves of material etc. In our view, in spite of the witch-hunt, Wikileaks has a lot of credibility because it provides original material with which to back its claims. We have operated similarly for over a decade, but never did we receive the same scale or magnitude of leaks.

Going back to patents, while we're reading very closely a lot of sites that cover the topic, very few of them we can actually trust for objective assessment. Scepticism is sorely required. Whitewashing of software patents from The Economist came just days ago in an article about Blockchain. Reality evades the author [1, 2, 3], who appears to conflate patenting with "success" or good news. Also see today's article from the Nigerian media, titled "Things Bitcoin Companies Try To Patent". Here is how it starts (name-dropping big brands, which have had nothing to do with Bitcon's inception or popularisation): "Amazon. AT&T. Bank of America. Goldman Sachs. IBM. JPMorgan. Mastercard. R3. Western Union. Verizon. These are just a few of the corporations which have filed blockchain-related patent applications worldwide. But, what about bitcoin-specific patent applications, not blockchain?"

"We previously highlighted the use of terms like "death squad" (PTAB), "kill" (invalidate), and "survive" (not invalidated) in relation to patents. These are the terms made up by the patent microcosm, which typically inverses the narrative of aggression."All that they hope to accomplish here is protectionism and control over disruptive technology that they had nothing to do with in the first place. It's like the strategy of buying one's competitor, often idealogical competitor (like buying the "organic" or "generic" competitor so as to limit people's ability to escape unethical monopolies).

The use of language sure can be misleading. We previously highlighted the use of terms like "death squad" (PTAB), "kill" (invalidate), and "survive" (not invalidated) in relation to patents. These are the terms made up by the patent microcosm, which typically inverses the narrative of aggression. The defendant magically becomes a "killer", the aggressor becomes the victim, and scientists are basically a "death squad". George Orwell would have loved it!

In IAM, in this recent self-promotion (we assumed it's paid for), the word "damages" is chosen as a truth-inverting euphemism; when the party damaged is one that must pay a 'fine' (settlement) why must we accept the narrative when the plaintiff is the 'poor baby'? Such is the inherent bias of IAM, where the "T" word (troll) is rarely used at all.

"Since virtually none of these agents and clients use encryption, and as mass surveillance has become so pervasive, privilege has become merely an illusion for them. It's marketing."Now, let's turn our attention to some recent articles from Patently-O, which some people out there consider to be some sort of yardstick of objectivity because it's supposedly "academic" or "scholarly" (not that it rules out financial strings or conditions for employment/grants). We wrote about this subject 6 years ago in "Subjective Subject Matter". This one Patently-O post says that "the Federal Circuit has reversed — finding that the examiner did not have (or at least explain) a substantial ‘reason to believe’ that the prior art inherently taught the functional limitation of being configured to reach a bone."

Prior art is key to rejection of patent applications (i.e. patent quality); the very fact that one would go as high as the Federal Circuit to dispute an examiner's judgment is rather worrisome.

On another day, Patently-O called for help with a job. To quote: "I’m writing a paper on privilege (patent agent, and patent lawyers who are in-house but not licensed in the state they practice in). In the course of doing so , I’ve been reading these state statutes and also thinking about them. I compiled a list and thought I’d share it. The ABA’s first, since it compiles them, but many links are broken and so the correct ones follow. So, if you don’t see your state, go to the ABA site. If you see your state, use this link."

Well, "privilege" alludes to privacy in this case. Since virtually none of these agents and clients use encryption, and as mass surveillance has become so pervasive, privilege has become merely an illusion for them. It's marketing.

"Patent maximalism keeps them and their occupation relevant."Patently-O also entertained the possibility of lack of loyalty, or a patent agent knowing something that constitutes a conflict of interest. To quote: "Suppose you’re representing a party to a lawsuit, and you have no conflicts, but you need to take discovery of a client, or a former client and the lawsuit is related to your work for your former client. While your representation of the party in the suit isn’t adverse, some courts hold that taking discovery is adverse, and so if it’s taken from a current client, that’s a conflict, and if taken from a former client, that’s adverse and can’t be done if the matter for the former client is “substantially related” to the discovery requests."

It comes to show just how problematic this whole occupation might be. And let's not forget that lawyers like to plagiarise legal documents or reuse their own, i.e. using the work done for a former client to make shortcuts in the next (templates, copy-paste and so on).

Last but not least, consider this PTAB article from Patently-O. "In this case," it says, "the patentee ImmunoGen won its case before the Patent Trial & Appeal Board (PTAB) with a judgment that the challenged claims are not obvious. U.S. Patent No. 8,337,856 Phigenix appealed, but the court here has dismissed the case for lack of standing – holding that the challenger-appellant failed provide “sufficient proof establishing that it has suffered an injury in fact.”"

We wrote about this on Sunday afternoon, noting that PTAB remains strong in enforcing patent quality -- something which the patent microcosm sure likes to deny.

"The majority of sites provide some information or links to information, but their analysis tends to fall short because it's basically marketing or lobbying wrapped up (or disguised) as "news"."Today or last night, Patently-O highlighted a criticism of patent maximalism. It's titled "Has the Academy Led Patent Law Astray?"

"In the article," Patently-O says, "Barnett primarily focuses on the idea of a patent thicket and whether these patent thickets have inhibited downstream innovation. Barnett concludes: “Without a secure expectation of injunctive relief and compensatory damages, false prophecies of too many patents may result in too little innovation.” Of course this conclusion also rests upon weak empirical ground.""

We still get the impression that Patently-O opposes these views, based on what it has been writing over the past half a decade. It's not hard to see the vested interests of the writers there. Patent maximalism keeps them and their occupation relevant.

One last example of bias comes from this new article, courtesy of a patent maximalism site, promoted by an advocate of software patents in Europe (he profits from it). It says that the "patent-eligibility jurisprudence under Section 101 and Alice is a model of inconsistency," which is untrue. The author, Charles Bieneman (patent microcosm, obviously), is attempting to impose alternatives to Alice -- those that would make software easier to patent. He basically does what David Kappos is now paid to do at the behest of companies like IBM and Microsoft.

We often sound negative and critical of many if not most things we cite. Well, when it comes to patents, it's just so hard to find objective sources (there used to be Groklaw). The majority of sites provide some information or links to information, but their analysis tends to fall short because it's basically marketing or lobbying wrapped up (or disguised) as "news". Great caution is therefore imperative.

Recent Techrights' Posts

Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
 
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025
If You See Many Microsoft Puff Pieces That All Say More or Less the Same, Consider the Possibility That Microsoft LLMs 'Wrote' Those
There are also many phantom fake 'reports' about Microsoft in relation to some "hey hi" (AI) things
[Meme] The Crybully
Crybullies shrug
IRC Logs Complete in Geminispace (Even in GemText Format!)
We still envision ourselves - a community of justice-seeking enthusiasts - as a multi-protocol platform, not just some ordinary Web site
It Was Only a Matter of Time
We're going to pursue justice
[Meme] "Well, He’s Dead So," Bill Gates Tells the Media (Which He Pays) About His Close Friend Jeffrey Epstein
Does the police in San Francisco cover up crimes instead of solving them?
The Rumour Was Right, Today is the Second Large Wave of Microsoft Layoffs in 2025
It has only been two weeks since the year began
The Free Software Foundation (FSF) Has Had a Good 2025 Already (Its "Year 40")
FSF will reach $400,000
[Meme] Not About How Many Locks One Adds
Some people try to point their fingers in all the wrong directions now that a new patch is available for rsync
Total Lock-down Ambitions - Part I - DRM and TPM Need Not be the Future of Computing, There's Another Way
Who is being restricted? Us, the users.
[Meme] His Existence is Proof It's Not Infeasible
We salute the FSF's original mission
New Upcoming Series About DRM and TPM
We'll do our best to name and explain some of the alternatives that are still available
Links 15/01/2025: Efforts to End Wars and 'Newsflation'
Links for the day
Gemini Links 15/01/2025: Abandoning Windows for GNU/Linux, SIS Progress Update
Links for the day
Links 15/01/2025: Social Control Media Spreading Lies, TikTok Banned in 4 Days
Links for the day
More Microsoft Cuts and Layoffs (Microsoft Media Mole Jordan Novet Tries to Float "Hiring Freezes" Spin After the "Headcount" Spin Failed)
As one might expect...
Microsoft Breaks Linux Again
Does it even care? It's selling Windows.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 14, 2025
IRC logs for Tuesday, January 14, 2025
Links 14/01/2025: Vaccination Hesitancy Problems and Kangaroo Courts (UPC)
Links for the day
Gemini Links 14/01/2025: Introduction to GrapheneOS and Small Internet
Links for the day
Dr. Miriam Bastian From the Free Software Foundation (FSF) Gives a Talk in a Couple of Weeks at FOSDEM (Brussels, Belgium)
It's good to see people from all around the world and with very different backgrounds united around digital philosophy
Andy Farnell on Eating Your Own Dog Food
focuses on security but goes beyond that
EPO Uses the Misnomer "AI" to Attack Software Developers in Europe
The EPO is nowadays a huge pile of crimes
The European Patent Office’s (EPO) Communication on "Reform" is "Incomplete and Misleading," Says the Central Staff Committee at the EPO
This puts Europe at risk and makes it more vulnerable
[Meme] How to Lose Social Life (While Pretending to Still Have It)
Talk to people, not to microphones
Android (or AOSP) is More Free Than iOS, Both in Practice (as OEM Bundles) Both Are User-Hostile
In a perfect world, people would choose and deploy software that is entirely made up of reciprocally-licensed bits
Neuroscience of Consciousness Paper: Why Social Control Media and Proprietary Spyware Harm Your Health
"Software Freedom turns out to be good for your health"
Access to the Source Code of the Programs You're Using Matters (Even If You're Not a Coder and Cannot Fix Bugs)
Companies like Microsoft tell us that full access to all the code isn't important
Guardian Digital (linuxsecurity.com) Publishes Fake Articles About Linux and About (for) 'Linux' Foundation Openwashing
Brittany Day is at it again
Links 14/01/2025: LA Crisis and EU, UK Respond to "X.com" Threat From South African Oligarch
Links for the day
The Word About the Upcoming Talk by Richard Stallman - Scheduled for Friday This Week - Has Spread ("The Cost of Freedom," Lausanne, Switzerland)
So the word is spreading
"AI Music" is Not Music and It's Hardly "AI" Either
Synthetic garbage is a solution in search of a problem
Webspam in BetaNews
Not only is it marketing SPAM
[Meme] 13 Years a Slave of Microsoft
Might makes right?
Gemini Links 14/01/2025: The Gemtext Print Hurdle and New Game: Fill!
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 13, 2025
IRC logs for Monday, January 13, 2025