Bonum Certa Men Certa

Patents Are Neither Ownership Nor Inventorship But a Temporarily-Granted Monopoly

Older: Patents Are Not Property, They Are a Monopoly, and They Are Not Owned But Temporarily Granted

The word art
Even art is nowadays being patented



Summary: The misuse of English words to make loaded statements about patents, as seen over the past week in a couple of blogs of patent maximalists

THE EPO overuses words like "inventor"; the USPTO (mis)uses words like "innovation" quite a lot, in essence just parroting the patent microcosm rather than applicants who think of themselves as developers, designers, engineers, programmers, builders, medics, chemists and so on (not "inventors").



"This 'words salad' from the patent microcosm is something we have become accustomed to"Spotted a couple of days ago was this new post by Peter Keros (patent microcosm). He spoke about "inventorship and ownership" in the following context:

Can vagueness in a development agreement allow standing to question inventorship of subsequently filed patents? The Federal Circuit held in Gregory C. James v. j2 Cloud Services, LLC, No. 2017-1506 (Fed. Cir. 2018) that an agreement vague on IP assignment could confer standing for a party to challenge inventorship of a patent.

[...]

Defendants lost because the SDA did not clearly establish that Plaintiff assigned the patent rights, so such agreements should explicitly assign rights to the correct parties. Furthermore, questions of inventorship and ownership should be clarified before starting infringement litigation to prevent subsequent challenges.


This 'words salad' from the patent microcosm is something we have become accustomed to. They use terms like "intellectual property", which is a propaganda term that vaguely alludes to a bunch of pertinent and entirely separate laws (such as copyright, patent, trademark and trade secrets) as though these are inseparable. They are also trying to confuse politicians and judges, calling acts of mere copying -- often not intentional at all -- "stealing", "theft" and even "piracy" (armed and often fatal robbery). As if these judges or politicians save actual lives by siding with the maximalists...

"They are also trying to confuse politicians and judges, calling acts of mere copying -- often not intentional at all -- "stealing", "theft" and even "piracy" (armed and often fatal robbery)."They often leverage words like "assets", "private", and "property" rather than "monopoly" or "franchise" (we saw lots of that in the buildup to Oil States). Days later Patently-O (a big culprit in this distortion of terms, including in the Oil States briefs) spoke of co-inventors/colleagues in relation to VerHoef (a CAFC case). It was about Section 101 and why a patent was altogether 'voided':

Once issued, Section 101 would still be available, but is questionable in my view (recognizing Congressional elimination of 102(f) should be given effect). An alternative would be to hold such patents unenforceable due to inequitable conduct (if intent is proven) or perhaps to simply refuse to give third-parties the opportunity to collaterally challenge patents based upon improper listing of inventors.


How can one persist with words like "inventors" when some patents are on mere designs? Those clearly aren't inventions, maybe just works of art (not even particularly sophisticated at that).

Watch out for control of discussions/narratives by mis-framing the underlying issues lexically/semantically. This happens far too often.

Recent Techrights' Posts

Brittany Day Can Rest and Let Microsoft/Chatbots Write Fake 'Articles' About "Linux" This Christmas
Who said people don't work on Christmas? Chatbots or plagiarism-as-a-service work 24/7, every day of the year except during Microsoft downtimes
 
2025 Will be Fought and Fraught With LLM Slop or Fake 'Articles' (Former Media/News Sites Turning to Marketing Spam)
The elephant in the room?
Links 26/12/2024: Ukraine's Energy Supplies Bombed on Christmas Day, Energy Lines Cut/Disrupted in the Baltic Sea Again
Links for the day
Gemini Links 26/12/2024: Rot Economy, Self-hosted Tinylogs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 25, 2024
IRC logs for Wednesday, December 25, 2024
[Meme] Time to Also Investigate Bill Gaetz
Investigation overdue
Microsoft Openwashing Stunts Initiative (OSI) is A Vulture in "Open" Clothing
it's quite telling that the OSI isn't protecting the Open Source Definition
IBM Has Almost Obliterated or Killed the Entire Fedora Community (Not IBM Staff)
Remaining Fedora insiders are well aware of this, but bringing this up (an "accusation" against IBM) might be a CoC violation
Links 25/12/2024: Fentanylware (TikTok) Scams and "Zelle Scams Lead to $870M Loss"
Links for the day
Links 25/12/2024: Windows TCO Brought to SSH, Terence Eden 'Retires'
Links for the day
Gemini Links 25/12/2024: Reality Bites and Gopher Thanks
Links for the day
Links 25/12/2024: Latest Report Front Microsoft Splinter Group, War Updates
Links for the day
Links 25/12/2024: Hong Kong Attacks Activists During Holidays, Xerox to Buy Lexmark
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 24, 2024
IRC logs for Tuesday, December 24, 2024
Gemini Links 25/12/2024: Open Source Social and No Search
Links for the day
Brittany Day Connects Windows Ransomware to "Linux" Using Microsoft LLMs (FUD Galore, Zero Effort, No Accountability)
FUD and misinformation made by Microsoft LLMs again?
Links 24/12/2024: Labour Strikes and TikTok Scrambling to Prop Up Radical Politicians That Would Protect TikTok
Links for the day
Where the Population is Controlled by Skinnerboxes Inside People's Pockets (or Purses)
A very small fraction of mobile users practise or exercise freedom/control over the skinnerbox
[Meme] Coin-Operated Publishers (Gaming the Message, Buying the Narrative)
Advertise (sponsor) to 'play'
Advertisers and Their Covert Impact on Publications' Output (or Writers' Topics of Choice, as Assigned or Approved by Editors)
It cannot be trivially denied that sponsorship in the form of "advertising" impacts where publishers go (or don't go, won't go)
Terrible Year for Microsoft Windows in Cyprus
down from 86% to 72% since January
[Meme] How to Kill Unions (Staff on Shoestring Budget Cannot Afford Lawyers)
What next for the EPO? "Gig economy"?
The EPO's Staff Union (SUEPO) Takes Legal Action to Rectify the Decrease in Wages (Lessening of Purchasing Power)
here is what the union published
Gemini Links 24/12/2024: Deedum Gemini Client Gets Colour Support, Advent of Code 2024
Links for the day
Microsoft Windows Slides to New Lows in Colombia
Now Windows is at an all-time low
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 23, 2024
IRC logs for Monday, December 23, 2024