Bonum Certa Men Certa

Media Hostility Towards Patent Reform in the US, Software Patents on the Chopping Block

Remember that the EPO, a serial corrupter of the media, paid the Financial Times for puff pieces, e.g. regarding the UPC [1, 2]

Financial Times on patents
Contrary to the headline, Rana Foroohar advocates a worse US patent system



Summary: In spite of growing levels of productivity (or so-called 'innovation') after Alice, PTAB etc. voices of litigation -- not reason -- try to push things back to the golden era of patent trolls

"Abetter US patent system will spur innovation," says a new headline from the Financial Times this weekend (behind paywall, use Google cache to bypass it). The title is very misleading. One may be tempted to think that it's pro-innovation, but it's actually pro-patent maximalism. It states that some "companies have business models that are very different from, say, life sciences companies or small software suppliers that depend on one or two patents. The iPhone, for example, incorporates technologies involving thousands of patents."



Many of these are hardware, design and software patents. And prices of phones have been artificially inflated, so some are incredibly expensive. Priced out of reach to most.

Here are some portions from Rana Foroohar's article, which is an attack on the status quo and a faint praise for corrupt people like Randall Rader (anti-PTAB, pro-trolls, pro-software patents) and officials-turned-lobbyists like David Kappos:

A number of companies began lobbying for even more anti-patent legislation. A worried Mr Kappos pushed back, but was eventually replaced by Michelle Lee — Google’s own former head of patent strategy. In recent years, the PTAB has become a “powerful shield” for those accused of patent infringement, leading former chief judge Randall Rader, who led the court in charge of patent appeals, to label it the “death squad” for IP.

Pushing back on patents has been great for Big Tech, which of course has its own IP to protect, but increasingly monetises data and IP created by others. But the US software supply chain, as well as life sciences, have been collateral damage. While the complexity of global business makes it tough to show clear causality between lax patent protection and the loss of innovation and jobs in the US, the trend lines do not look good. According to one study, the shifts in patent regulation have cost the US economy $1tn. Venture capital money into biotech is sharply down from 2015 to 2016.

Anecdotally many investors say they are considering moving money away from the US, towards Europe and Asia. That is worrisome, since these are exactly the kind of highly skilled jobs that the US should be looking to keep.

Still, the pendulum may be about to shift again. The Trump administration has nominated Andrei Iancu, an LA-based lawyer who has worked with clients in both pharma and Big Tech, to be head of the USPTO. The US Supreme Court will also soon hear a case questioning the legality of the entire non-court patent adjudication system.

It will be a chance for lawmakers to think about exactly what kind of digital ecosystem they want to create.


Foroohar went on to pushing the "China!" nonsense too. Like a megaphone of patent extremists.

"...now that the US Supreme Court €§ 101 is used to invalidate software patents every single week if not every single day it is getting difficult to deny a post-software patents reality in the US."What about software patents?

Well, Jeffrey Rowe, who says he "has more than 40 years of experience in all aspects of industrial design," wrote about the subject of software patents in the context of the USPTO. Having added Torvalds and Stallman videos to his article, he said this just before the weekend:

A couple years ago I got into a pretty heated discussion with a staffer from an engineering software company about whether software patents were still relevant (or is they ever were to begin with).

While proponents (usually with deep pockets) have touted their benefits, software patents have also been used in the software industry to suppress innovation, kill competition, generate undeserved royalties, and make patent attorneys rich. So I’ll ask again, are software patents still relevant?

It’s no secret that the engineering software business is extremely competitive, as it always has been. Without naming names, the engineering software business has also proven to be a very fertile and lucrative ground for lawsuits regarding patent infringement, reverse engineering, and outright copying and pasting blocks of code.


The latter thing is already covered by copyright law.

Incidentally, now that the US Supreme Court €§ 101 is used to invalidate software patents every single week if not every single day it is getting difficult to deny a post-software patents reality in the US.

Steve Lundberg, a longtime proponent of software patents (no, he doesn't write any software), will not cover all those cases wherein software patents collapse. Cherry-picking suits him better and the other day he covered a District Court case where a software patent remained in tact: [via Bastian Best]

The court denied defendant’s motion to dismiss on the ground that plaintiff’s network gaming patents encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea.


If appealed upwards to the Court of Appeals for the Federal Circuit (CAFC), or even further up to the US Supreme Court, there's just about zero chance this patent will be upheld. But justice boils down to money in such a system, wherein patents are granted so easily and removing them is an expensive, laborious process which places all the burden on the defendant.

Want the "US patent system" to "spur innovation"? Then put an end to patent maximalism. Australia has done just that, having properly studied the subject (effects of patents on productivity).

Recent Techrights' Posts

The Register MS, Sponsored by Communist Party of China (CPC)
What will happen when the bubble crashes the economy?
Dances With Wolves, Wakes Up With Fleas
Small minds say "td;dr" whereas the rest say, "give me information, give me time to study it"...
Garrett Does Not Just Try to Cover Up for Himself, He's Clearly Covering Up for His Mates From Microsoft (and Admits Third Parties Fund His Litigation, With Their Legal Bills Estimates Already Approaching $1,000,000)
They have already sent us about 75 KG of legal papers. How is any judge supposed to keep up?
Richard Stallman in the United States - Part IV - Back to Switzerland
The "cancel mob" tried to "finish off" RMS 5 years ago
Dr. Richard Stallman in Ada Lovelace Lecture Series 20 Hours From Now in Lucerne School of Computer Science and Information Technology (Rotkreuz)
Well-connected and affluent corporations want everything to be controlled by them, ranging from culture to words and news
 
The Free Software Community is Gaining Momentum as Its Importance is More Broadly Realised
As long as "trendy" technology goes in a negative direction there will be a growing portion in society looking for alternatives
Spooking or Chasing Away Women (From Computer Science)
The status quo discourages women from even trying to study Computer Science and related disciplines
"IBM Has Changed So Much in the Last Decade to the Point It's Completely Unrecognizable."
IBM is a dying, rotting company with a morbid culture
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 06, 2026
IRC logs for Friday, March 06, 2026
Gemini Links 07/03/2026: Coffee Problem, Marchintosh, Learning, and "Selectively Disabling HTTP"
Links for the day
Under IBM, Some Fedora Blog Posts Have Become LLM Slop! (Red Hat is Doomed by Slop Fanaticism)
Who would even bother reading such trash?
Lots of People Leaving IBM Today
IBM cannot be trusted
LLM Slop Rare and Scarce This Friday
We still hope that by the end of this year slop will become nearly extinct
Defending British Democracy From American Predators
We stand united and strong in the face of predators
Links 06/03/2026: LLM Prompt-injection Vulnerability in Microsoft's Proprietary GitHub, "260,000 Federal Jobs Lost"
Links for the day
It's Friday and Many People Publicly Announce Leaving IBM (Which is Engineering 'Willful' Departures to Mask RAs' Scale)
We understand from whistleblowers that IBM already destroyed Red Hat's culture
Dr. Richard Stallman (RMS), the Man Whose Mind Scares GAFAM et al, Began Speaking in Switzerland
His ideas and ideals are not obscene
Gemini Links 06/03/2026: "Setting up the Feed" and Using Molly Brown
Links for the day
Links 06/03/2026: Can't Copyright Slop in US, Microsoft Became Slop Provider for Militarism
Links for the day
Threats Issued to Daniel Pocock Having Launched the JuristGate Web Site Which Covers Financial Fraud in "Legal Insurance" Clothing
Is our world governed by laws or by rich corporations (or nations/superpowers) with well-connected lawyers/politicians?
International Women's Day: At the EPO, for Women to Become Managers They Need to Sleep With Well-connected Men and Mingle With Corrupt Men
Sunday is International Women's Day
Dr. Richard Stallman Starts His Talks in Switzerland in 8 Hours
They try to assess how many people plan to attend to ensure everyone gets a seat (without compromising the privacy/identity of those attending)
IBM Red Hat Layoffs: It's Not About "AI"
"Automation" is not "AI", it's just a generic term which can describe jobs left for machines to do, sometimes computers
Microsoft Windows Used to be Identified on Over 99% of Web Requests From Benin. Now It's Around 50%.
Or a lot less
Microsoft 'Open' 'AI' Has Severe Financial Problems, Version Inflation ("GPT-5.4") is Mindless Hype and a Misleading Distraction
In practice, both users and sponsors of ChaffGPT are fleeing
The Techrights Static Site Generator (SSG) Turns 5 Next Year
It's still under active development in our Git servers
New XBox Boss (Sharma) Implicitly Confirmed XBox (the Console) is Now Dead
Vista 11 is now also known as "XBox"
Murder as a 'Joke' to GAFAM People (Sociopathy)
When it comes to Microsoft and Salesforce, they profit from this mentality
GNU/Linux Seen as Rising to 20% in Eritrea, But That's statCounter Identifying "Unknown" as GNU/Linux
What if statCounter managed to figure out what all those "unknowns" are?
Microsoft ‘Project Helix’ is Just a Tweet in MElon's "X"
Some "tweet" is easy, as words are cheap
Microsofters' SLAPP Censorship - Part 4 Out of 200: Rianne’s Version of Events and Narrative
today we tell Rianne's experience
EPO Staff to 'Meet' This Coming Tuesday to Plan Industrial Actions Including Upcoming Strikes
using Microsoft spyware to organise this can be an own goal because Microsoft serves the dictators, not the union that tries to topple them
Thousands of EPO Workers Rally Against EPO Management
The staff is furious to see what became of the EPC and the EPO. This is not sustainable.
In Argentina Firefox is Measured at Only 1%, Google Chrome (Proprietary) at About 90%
And it has long been that way
IBM's March 2026 Layoffs Already Happening (to Accelerate Soon in Europe and America)
We're probably seeing some of the last years of IBM and it's anything but certain that IBM can survive the coming decade
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 05, 2026
IRC logs for Thursday, March 05, 2026
Gemini Links 05/03/2026: Industrial Panettone, Cancel, and LLMs
Links for the day
It's Not "AI", IBM is Collapsing Due to Financial Difficulties, "All Small Country Offices Will Close"
IBM is in trouble. Insiders know it.
"AI Companies" Running Out of Money, GAFAM Layoffs Are Signs of Weakness, Not "AI Efficiency" or Novelty
In the past, this term ("AI") had another meaning and connotation
Libel/Defamation Law Does Not Exist to Cover up Crimes
The projection tactics are nothing new
Myanmar/Burma: Growing Acceptance of GNU/Linux, Big Losses for Windows
GNU/Linux has come close to 5% there
Without IBM, Microsoft Would Not Have Taken Off. Both Companies Need to be 'Taken Down'.
Maybe it's time to boycott IBM as well
'Former' Red Hat Staff Upset That Techrights Covers IBM Accounting Problems
Are we touching a sensitive subject at IBM?
Ubuntu is Controlled by a Youngster From the British Army (Background in Mass Surveillance), So One Can Expect Ubuntu to Not Respect Privacy
"Canonical is aware of the legislation and is reviewing it internally with legal counsel"
IBM Hates Computer Freedom. This Means Red Hat Too is an Enemy of Software Freedom.
A summary of Fedora's position when it comes to "attestation"
IBM Union Says Many IBM Layoffs in Europe, With Netherlands and Belgium Confirmed, Allegedly Italy Soon (200 Layoffs)
IBM's demise will harm Red Hat and already harms Red Hat, according to whistleblowers
Microsoft and Microsoft's 'Open' 'AI' Seeking Bailout From the Pentagon Means Brand Erosion
Microsoft and its offshoots growing more and more dependent on military ("defence"; "Department of War") budget
Another EPO Strike a Fortnight From Now, Local Staff Committee Munich (LSCMN) Shares 127-Page Document Explaining How Policies Impact EPO Staff
The Office is circling down the drain
Microsofters' SLAPP Censorship - Part 3 Out of 200: A More In-Depth Breakdown
presents the narrative in a less chronological and more logically coherent fashion
2026 Seems Like (Potentially) the Last Year of Slop Drowning News Sites
Sites that do so perish [...] It's getting hard to find slop in news sites which cover "Linux" because many gave up
Links 05/03/2026: New LexisNexis Data Breach Confirmed, "Goldman Sachs Head During Financial Crisis Says He “Smells” a Similar Crash Coming"
Links for the day
"Silent Layoffs" or "Forever Layoffs" at IBM and Red Hat (After Bluewashing)
Like every day (all day long) we can see people who leave IBM and say something that's based on a 'script'
Free Software Foundation (FSF) and Others Promoting String of RMS Talks, Starting Tomorrow in Lucerne School of Computer Science and Information Technology
Well done, FSF!
Links 05/03/2026: A Bet Against Substack, American Government Openly Hostile Towards Environment
Links for the day
Gemini Links 05/03/2026: Greed and Sentiments Shifting Against Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 04, 2026
IRC logs for Wednesday, March 04, 2026