Bonum Certa Men Certa

The Lobbyists Are Trying to Subvert US Law in Favour of Patent Predators

David Kappos Source: David Kappos 2013 interview



Kappos PAI
Kappos-led lobbying group



Summary: Mingorance, Kappos, Underweiser and other lobbyists for the software patents agenda (paid by firms like Microsoft and IBM) keep trying to undo progress, notably the bans on software patents

The patent trolls' (or sharks') lobby is at it again. Thankfully, owing to reports from their fan media and sometimes their own Web sites, we are able to see what they are up to.



Francisco Mingorance, a rather evil and deceitful person from Microsoft front groups like the BSA and now IP Europe, is trying to force software patents upon Europe using buzzwords like 5G and IoT. We wrote about it last month. Found via their tweet was this press release which quotes Mingorance as saying: “We wholeheartedly welcome this signal from the DOJ that they will prioritise the safeguarding of longstanding FRAND principles against recent coordinated action of some implementers. In Europe, a decision to abandon this Communication – or to bring it back into line with its initially stated goals – can protect innovation, R&D investment, high-tech jobs and European leadership in 5G and IoT open standards.”

Nonsense. Exactly the opposite is true, as actual practitioners in this area would gladly tell (if the media bothered asking them; it prefers to print lobbyists' words). These patent thickets actively suppress innovation and breed monopoly. Why isn't the mainstream media talking about it? The downside of patent lobbying and propaganda sites (like the above) is that they push agenda; the upside is, they inadvertently reveal who's behind it.

Days ago we found out that David Kappos too is at it again. A bunch of patent bullies, including this IBM-paid lobbyist and former IBM employee, were lying to an audience. To quote the event's organisers: "Last #IPDF17 panel of day on patent quality Kappos, Judge Michel, John Mulgrew @Uber, Marian Underweiser @IBM & A. Fahrenkrog @RobinsKaplan" (stacked panel).

"At the #patent quality panel at #IPDF17," said another tweet, "Marian Underweiser @IBM points out that “the subject matter [ #Alice] discussion undercuts the purpose of the patent system.”"

Remember Marian Underweiser? IBM appointed her to crush Alice. We wrote about her several times earlier this year and her agenda remains very clear; patent bully IBM has paid Underweiser for lobbying. Just like it pays Kappos for his connections and clout at the USPTO. IBM is very evil when it comes to software patents. Surprisingly even, especially considering the work it did for GNU/Linux.

Relaying messages from another event, IAM quoted or paraphrased: "Shore - we're living in a banana republic. Silicon Valley owns Congress and the executive branch. The only difference between us and Honduras in early C20th is that instead of bananas it’s smartphones and software #IPDF17"

The law 'industry' wants to dominate everything, so when Silicon Valley warps the law in favour of technology Shore and others get upset. When technology sets law it bothers the parasites. They're accustomed to making money by doing (or making) nothing.

A few days ago IAM again quoted Kappos. The patent trolls' lobby wants lots of lawsuits and it now mistakes pro-aggression for "pro-innovator". Here is what IAM wrote:

Delrahim’s comments have already made an impact with senior members of the IP community. Former USPTO Director David Kappos, who was in the audience, described it as “the most important DOJ antitrust speech on IP during my decades practising law”. He added that: “It marks a major pro-IP and pro-innovator shift in DOJ antitrust policy.”


For the USPTO to improve its reputation it ought to ensure former officials don't become lobbyists (as they do). It's just embarrassing and it reinforces the perception that laws are up for sale.

Kappos is one among the alarmists who keep bringing up "China!" in order to scare legislators, urging them to act or else "China is coming" (similar to the "Russia!" hysteria in politics). China has become litigation central (not innovation central), which invites patent trolls rather than practising companies. What does the US want or need? More jobs or more lawsuits?

Days ago we saw Managing IP hailing China (litigation) and IAM spreading the myth that the success of Huawei is owing to patents rather than in spite of them. To quote IAM: "China is a crucial market for SEP owners – with a large amount of standards implementation and a litigation system that is becoming more favourable to patent holders – and that is borne out in the level of filing there. About 18% of global 4G-LTE patents are Chinese rights – putting the country second only to the United States and just ahead of the EPO."

See what we said above about Mingorance. These patents are counter-productive and harmful to actual innovation. Moreover, China has developed some of its proprietary/national standards in several areas (technical domains). What causes a large surge in Chinese patents (at SIPO more so than overseas) is the lowered bar, which now officially permits software patents too. It makes China one of the few countries (if not only country) in the world to move in such a direction.

Thailand, according to this new overview from Ananda's Benjapol Kongsombut, does not allow software patents (similar to Korea and maybe even Japan to a lesser degree). "Computer programs or software cannot be patented under Sections 9," Kongsombut explains. Here is the entire relevant part:

To what extent can inventions covering software be patented?

Computer programs or software cannot be patented under Sections 9 and 65decies of the Patent Act. However, inventions relating to devices or machines controlled by software, or processes or algorithms for controlling devices or computers, may be patentable. Software-related inventions involving only computer source code cannot be patented but may be protected as a copyrighted literary work or a trade secret.

To what extent can inventions covering business methods be patented?

A business method cannot be patented as it is not considered to be an invention as defined in Section 3 of the Patent Act. However, a business method carried out by a computer can be considered as a software-related invention that may be patentable.

To what extent can inventions relating to stem cells be patented?

Stem cells are considered to be an animal extract, which is a non-patentable subject matter under Section 9 of the Patent Act. However, processes for the production or use of stem cells may be patentable.


What the likes of Mingorance, Kappos, and Underweiser are paid to promote is software patents in the US. We already know why: Alice and the Patent Trial and Appeal Board (PTAB), which we'll deal with in our next post.

Recent Techrights' Posts

Firefox in Trouble in the US, Down to Lowest Level in 20+ Years
more sites will stop or intentionally neglect Firefox support
Clownflare: More Than 1 in 5 Laptops or Desktops in El Salvador Run GNU/Linux or ChromeOS
Clownflare Radar reckons it's more like 20%+ now
Omarchy is Already Dying
Same as the life cycle of slopfarms
 
Links 20/08/2026: Facebook "Ran Ads for an App That Promised to Nudify Female Politicians" and Facebook Faces "Social [Control] Media Addiction Trial"
Links for the day
Clownflare Sees GNU/Linux at 16% Market Share on Desktops/Laptops in Tajikistan
in Tajikistan it seems like adoption of GNU/Linux is exceptionally high, based on a very large data set associated with Web access
The Demise of Social Control Media Continues
Entering (anew) social control media in 2026 seems foolish
SLAPP Censorship - Part 155 Out of 200: Throwing Stones in Houses Made of Glass
character-assassination-as-a-service
Gemini Links 20/08/2026: Planners, Pantsing, Vinylyssee
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 19, 2026
IRC logs for Wednesday, August 19, 2026
Gemini Links 19/08/2026: "Big Boost in Autonomy" and "Answer of E-Mail"
Links for the day
SLAPP Censorship - Part 154 Out of 200: Computer-Generated Legal Filings From Men Who Are Salaried by Mass Plagiarism Companies in Another Continent (America)
This isn't the behaviour of a moral person but of some sort of "crypto bro" or "slop bro"
Fired by IBM for Medical Leave, Rampant Censorship of IBM Critics Explained
We've already caught and showed many cases where thelayoff.com deleted comments that were not even remotely racist
Links 19/08/2026: First Amendment Under Fire by White House of Cards, "Universities Were Forced to Pay Up" for Not Censoring
Links for the day
Gemini Links 19/08/2026: What Friendship Means, Sm0lNet/SmolNet, and New Feeds
Links for the day
No, WSL (Windows With Fake 'Linux') Isn't Growing Faster Than Ubuntu, This Was Disinformation Spread by a Microsoft Propaganda Site, Then Spread by Slopfarms
Be sceptical; Microsoft is truly desperate for anti-Linux spin right now, seeing that Windows is in a freefall
Microsoft's Mass Layoffs Impact the Ability to Run Microsoft
Can Microsoft still run Microsoft?
Microsoft's Active Directory ("AD") and "Entra" Are National Security Threats
Even the US government concluded Microsoft could not be trusted for security; it issued a formal report about it in April 2024
Instant Impact: GNU/Linux Skyrockets to 10% in China Days After Policy Changes
Let's see what the 'aftermath' looks like by year's end
Links 19/08/2026: Timothy James King (AmigaDOS) Dies, GitHub Goes Offline, Finland Wants to Shun Social Control Media
Links for the day
Slop's Achilles Heel: It Increases the Workload, Not Just Costs
Set aside its inability to scale well
Improving techrights.org
Technical debt (like 17 years with WordPress) is something that's better to address early, not later
Mass Layoffs at Dropbox, Blame the Debt, Not Slop Hype
The debt of Dropbox Inc., which isn't an imaginary (estimated) thing, is over 4 billion dollars
Microsoft is 'Angel of Death' to Developers (Even Its Own), 'Voluntary' Layoffs Happening Again
From what we are hearing and reading, there are 'voluntary' layoffs again
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 18, 2026
IRC logs for Tuesday, August 18, 2026
Gemini Links 19/08/2026: Shirts, Handwriting, and Fights in Geminispace
Links for the day
Laos Leaving GAFAM Behind, Gradually
Yesterday evening it was measured at 10% for GNU/Linux at one point
They Were Wrong All Along
Two women combined won't deliver a healthy baby in just 4.5 months
A "Tech Journalist" Would Not Cover Vote on LLMs as a Sex Issue
For a moment there you have to pause and wonder, is this a "Tech Journalist" or the Daily Stormer?
20,000 by Year's End
The "New Techrights" will have 20,000 pages by year's end
Last Night GNU/Linux Measured at 9% in Africa
Nighttimes in Africa are times when GNU/Linux usage on desktop/laptop devices typically surges, based on Clownflare [...] It changes in favour of GNU/Linux
Gemini Links 18/08/2026: Google Bait and Switch (Getting College People 'Hooked' on 'Cheap' Storage, Then Backups Gone), a "Question of E-mail"
Links for the day
Bluesky is in Trouble
Bluesky is a private company (unlike Bluesky Digital Assets Corp. in Toronto, that one runs a pyramid scheme!), so it's hard to know for sure just how much money it is losing
China Says Goodbye to Microsoft
It is hardly surprising that Windows is shedding off userbase all around the world
Links 18/08/2026: US Abandons South Korea, New Legal Disputes Over Slop Plagiarism in the Music Scene
Links for the day
Linux Losing Interest in Users' Freedom, Pursues DRM Instead
"Linux" is (or was, as GNU/Linux) meant to empower - not artificially restrict - the users
GNU/Linux in Ecuador and Colombia: Growing, Still Below International Average
locals turn away from Windows and try GNU/Linux instead
IBM is Dead or Dying. Now It Asks Workers to 'Resign' Voluntarily.
To save face, to pretend no layoffs are happening (as it might alarm shareholders) [...] We keep hearing more and more stories like that
Links 18/08/2026: Sergey Brin Controlling State Policies, "Dario Amodei's (Anthropic) Wife Is Closely Linked to Jeffrey Epstein"
Links for the day
SBS News Interviews Daniel Pocock
The locals say this PR stunt (by the bigot, Farage) was a waste of money
Clownflare Sees One in 7 Web Requests in Libya Originating From GNU/Linux
GNU/Linux has taken a (foot)hold there
Openwashing and Manifestos Composed in Private by Dictators With Deliberately Addictive (and Subsidised, Bundled) 'Tech'
It's long, so make a cuppa first
SLAPP Censorship - Part 153 Out of 200: Decades of Debt, Weaponising Borrowed Money to Try to Put Their Critics in Debt
they've always had a financial report by now
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 17, 2026
IRC logs for Monday, August 17, 2026
Gemini Links 18/08/2026: Solar Power, Kipple and Impermanence, Catastrophe Ethics
Links for the day