Bonum Certa Men Certa

Patent Microcosm, Patent Media and Patent Office: “It's a Big Club and You Ain't in It”

To use the famous saying from George Carlin

Great Seal of the United States



Summary: When the national patent law is constructed behind closed doors by a cabal of lawyers and few opportunists who attempt to justify their own existence rather than represent the innovators who they claim to be "protecting"

THE world has plenty of conflicting interests. The war industry, for instance, has a tremendous leverage over foreign policy. This would probably surprise nobody, but the same is true at the USPTO and the patent 'industry'. Just look at their echo chamber-type events. Nowadays, it's almost an accident if an actual engineer has a say on the subjects debated (sometimes they let some lawyer of massive corporations have a say).



What about judges? Well, they too are typically former lawyers.

And watch how Dennis Crouch categorises them (just before the weekend): "Chief Judge Prost, Judge Taranto and Judge Hughes – would not be identified as overly pro-patentee."

Well, as if they fall into a category. At least he didn't use a term like "anti-patents" or "anti-innovation" as Watchtroll likely would. Watchtroll has already called for the firing of one of their colleagues. Here is what Crouch wrote:

On appeal, the Federal Circuit has vacated the injunction – holding that the district court made reversible errors with regard to written description and enablement. Before walking through the decision, I’ll note here that the Federal Circuit panel here – made up of Chief Judge Prost, Judge Taranto and Judge Hughes – would not be identified as overly pro-patentee.


The problem is that many people read sites like the above, as well as Watchtroll. They wrongly assume there's insight there because of the profession, often forgetting that this profession attempts to perpetuate if not expand itself. So the bias is dyed in the wool.

Days ago Watchtroll was reposting that old press release that said "Bednarek began his career in the early 1980s as patent examiner at the U.S. Patent and Trademark Office, examining some of the first software patents granted by the agency."

He is moving from public to private, just like the crooked David Kappos. We wrote about it exactly a week ago. Nowadays software patents are no longer recognised by courts, but the USPTO continues to grant these. PTAB, which is run by David Ruschke, knows all about Alice, but he too will be lobbied in another echo chamber-type event of IAM, according to this blog post from a few days ago. Does he know who is funding IAM? Does he really want to be associated with that? Also in that event there will be the person behind the STRONGER Patents Act -- a bill which strives to do the very opposite of making patents stronger. It could be renamed the Patent Trolling Act. To quote IAM: "Among the outstanding faculty members are: Senator Chris Coons, co-sponsor of the STRONGER Patents Act introduced into the Senate earlier this year; Joseph Matal, acting head of the US Patent and Trademark Office; and David Ruschke, chief judge of the Patent Trial and Appeal Board. They will be joining a number of other high-profile figures from the US patent community..."

The term "US patent community" just means the patent microcosm.

As we said a long time ago, IAM is in the business of lobbying and we know who it's lobbying for; just follow the money.

Herein lies the key point. The media that covers patents, the patent 'industry' and the branch of government that deals with patents are all in the same bed. Their goal -- unlike courts' goal -- is to just throw patents at everything. It cannot go on like this. That's like putting companies that manufacture bombs in charge of foreign policy; obviously they would initiate war at any opportunity.

This is a real problem that more people ought to be speaking about. Such an incestuous relationship reveals disturbing lack of separation, maybe even collusion.

The other day IAM spoke to some law firms about patent policy. Here is what one firm from Malaysia said about software patents:

To what extent can inventions covering software or computer-implemented inventions be patented?

It is possible to protect software-related inventions in Malaysia, provided that these meet the statutory definition of an ‘invention’ (ie, an idea that solves a technical problem). Data processing which involves no technical effect or advance does not constitute a patentable invention. Software inventions which are construed as business methods are not patentable, as business methods are excluded from patentability.

According to MyIPO’s patent examination guidelines, claims directed to a computer program per se or a computer program embodied on a carrier, regardless of its content, are not allowed. A computer program may be patentable if the claimed subject matter makes a technical contribution to the art (eg, program-controlled machines or program-controlled manufacturing processes).


According to this, the rules in Malaysia are somewhat similar to what happens in the EPO. The End Software Patents (ESP) campaign said (back in 2010) that "Malaysia Section 13(1)(a) of the Malaysian Patents Act 1983 excludes from patentable subject matter "discoveries, scientific theories and mathematical methods" and paragraph (c) excludes "schemes, rules or methods for doing business, performing purely mental acts or playing games"."

As we showed many times before, national policies on patents (in various patent offices) are often put together by the patent 'industry' and are influenced by their lobbyists. As soon as public officials find out about public views (the stance of those impacted by these laws) they correct these laws, as Australia recently did.

Recent Techrights' Posts

[Meme] The Doyen and the Colonel
EPO continues to prioritise lawbreaking over knowledge
Microsoft Poetterix is Work in Progress
Linux's New DRM Panic 'Blue Screen of Death' In Action
[Meme] Community of People to be Exploited, Then Thrown Away, Left Behind or Even Slandered
Debian.org front page
 
[Meme] Canonical Has Basically Become Novell II
Today's Canonical...
While Everyone is Furious at Vista 11 (Over TPM, Recall and Other Malicious 'Features') Canonical is Selling It to People
So the only thing Canonical says about Windows is that you should give it a try?
Links 18/06/2024: Adobe and Internet Archive in Trouble
Links for the day
Peter Duffy Explains SystemD
Ein Volk, Ein Reich, Ein Führer!
EPO Union Action: Next Week SUEPO The Hague and SUEPO Munich Talk About New Pension Scheme (NPS) and Salary Savings Plan (SSP)
So there are basically 32 days left for more people to intervene
[Meme] Wait Till Systemd-Recall
The only thing Linux still needs is a forensics backdoor
GNU/Linux Up This Month in India (or Why Famous Criminal Bill Gates Keeps Visiting Modi)
truth tends to catch up with people
24/7 Work Discipline
it's not so much about how much (or how long) one works, it's about how one works and whether one feels comfortable doing it
Adamant Conformism is an Enemy of Science
"The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 17, 2024
IRC logs for Monday, June 17, 2024
Links 18/06/2024: Further Mass Layoffs and Gemini Leftovers
Links for the day
At IBM, "Brownnosing is the Norm."
Many of these comments are from IBM insiders
Myanmar/Burma: Google Gains One Percent, Microsoft Loses One Percent Since the LLM Hype ('Bing Chat')
it's not hard to understand LLMs didn't replace real search and didn't replace Google, either
[Meme] KISS, not SAAS
Gemini Protocol turns 5 in exactly 2 days
Hostageware: The Threat of Clown Computing (or 'SaaS', Another Misnomer or Buzzword) to Computer Users Everywhere
This problem isn't limited to Free software adopters
Jean-Pierre Giraud, Possible Forgeries & Debian: elections, judgments, trademark already canceled, archaeologist
Reprinted with permission from Daniel Pocock
Six on the Beach: After Losing Six Continents Microsoft is Losing Oceania Too
Based on the 6- or 7-continent view of the world
Links 17/06/2024: Mass Layoffs Accelerating in Tech, Concerns About Impact of the Net
Links for the day
Gemini Links 17/06/2024: Hyprland Analysed and No Use for Betrusted
Links for the day
Microsoft Can Never Make a Comeback Anymore, the Community is Shutting It Out
We're relying on the real community, not fake ones or coopted ones
The World is Becoming (or Has Already Become) Linux
An intercontinental success story
Georgia: Bing Share Fell by Half Since 'Bing Chat' (LLM Hype), Fell Behind Yandex As Well
Georgia's situation is interesting
Alexandre Oliva's FSF disposition
During my recent trip for LibrePlanet, I was fortunate to have, or at least start, long conversations with nearly everyone in FSF staff
[Meme] SPI and 'FSFE': Sponsored by Microsoft to...
women's instincts do not matter to these strongmen
One More (Failed) Attempt to Deplatform the Sites by Harassing and Threatening Webhosts
What we're seeing here is a person who abuses the system in Canada at Canadian taxpayers' expense trying to do the same in the UK, at British taxpayers' expense
[Meme] Shitburger of an LLM
IBM and the Hololens
Links 17/06/2024: Chatbot Nonsense Thrown Under the Bus (Severe Failure, Pure Hype), How to Finance Free Software 'Hackers'
Links for the day
Debian's Personal Attacks Are Upsetting Women, Too
Female Debian Developer: "I Believe Daniel [Pocock] is On the Right Track."
Microsoft's Bing is So Irrelevant in Moldova (1%) That Russia's Yandex is About 5 Times Bigger
How much longer before Microsoft throws in the towel?
12 Days Have Passed Since the Edward Brocklesby Revelations and Debian Project Has Said Absolutely Nothing About That
One must therefore assume they have nothing to say in their defence (covering up severe security failings)
Yes, You Can
Unless you live somewhere like Russia...
[Meme] Listen to the Experts
Bill Gates didn't even finish university]
Roy and Rianne's Righteously Royalty-free RSS Reader (R.R.R.R.R.R.) and the Front-End Interfaces
As the Web deteriorates the availability, quality and prevalence of RSS feeds is not improving, to put it mildly
Algeria Shows High GNU/Linux and Android Adoption, All-Time High and Almost Three-Quarters of Web Requests
GNU/Linux was below 3%, now it is above 3%
Mass Layoffs at Microsoft-owned GitHub (About 80 Percent of the Staff in India Laid Off)
It's not just in India
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 16, 2024
IRC logs for Sunday, June 16, 2024
Gemini Links 16/06/2024: Scarecrows, Moles, Ham Radio, and No IPs
Links for the day
Africa is Android and Green (Chrome, Not Just Android Logo)
In Africa Firefox is almost below 1% now
Coercion From the "Consent" and "CoC" Crowd is a Self-Defeating Tactic
Freedom of the press; Nothing less
Covering Abuses and Corruption
We'll never surrender to blackmail
According to statCounter, GNU/Linux Increased From 3.77% to 3.89% This Month (Worldwide), Windows Now Below 20% in 78 Nations, Below 10% in 27 Nations
Highest since March (for GNU/Linux)
Ubuntu Running Out of Energy
Its planet too is deteriorating
Links 16/06/2024: In Defence of Email and Why Recycling Symbol Lost All Meaning
Links for the day
Gemini Links 16/06/2024: Computer Science Course Union and Potentiometer
Links for the day
Cross border crime: sale of Swiss insurance in France and European Union without authorisation
Reprinted with permission from Daniel Pocock
Letting Microsoft systemd Manage /home Was a Terrible Idea All Along
systemd-tmpfiles, deleting /home
Patriotism is OK, But We Need Facts and Reason, Not Blind Obedience to Authority
Very seldom in the history of human civilisation has groupthink proven to be of real merit
When You Touch One of Us You Touch All of Us
We have a principled, uncompromising stance on this matter
Links 16/06/2024: New Sanctions Against Russia, Fentanylware (TikTok) Causing More Problems
Links for the day
Social Control Media in Japan: Twitter (X) Has Collapsed, YouTube Rising (Apparently)
What a genius Mr. Musk is!
Windows Cleansed in South Africa (Already Hovering Around 10% Market Share)
Plus Microsoft's mass layoffs in Africa
[Meme] Satya Nadella's Windows PC RECALLS Not What He Did
Satya got lucky
Usage of Let's Encrypt in Geminispace Has Collapsed (That's a Good Thing!)
Ideally, or eventually, all capsules will sign their own certificates or have their own CA
North Macedonia: Windows Down From 99.2% to 28.5%
Last year it was even measured at 26%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 15, 2024
IRC logs for Saturday, June 15, 2024
Gemini Links 16/06/2024: Hand Held Maneuvering Unit and Hugo Static Files
Links for the day