Bonum Certa Men Certa

Patent Systems Under Fire, IAM Magazine Concerned

Those with stake in patents witness and
dread the backlash (some would say "revolt")


As promised yesterday, here is a quick status report. In the southern hemisphere, not all is fine and dandy. In fact, the news from New Zealand is that software patents meet opposition from the Green party.

The Government of New Zealand is proposing a set of amendments to the national patent law, none of them clearly mentions the exclusions of software from the field of patentability. The Government claims that Free Trade Agreements and other international treaties require software patents in New Zealand.

[....]

The Green party has already taken a position against software patents in New Zealand, but what is more important is to convince the right wing conservatives that software patents harms the local economy.


It's not much better in Australia where the patent system as a whole is now being taken to task.

THE federal Government is considering overhauling patent laws, after a major report this week found the ease with which patents were granted in Australia was hampering innovation.


There are some more remarks about this report, which is a black eye to the Australia patent office.

Specifically, the report showed that the ease of getting a patent in Australia was leading to way too many bad patents being granted, which were then being used to stifle innovation and investment.


Over in Europe, the system as a whole is being questioned as EPO staff goes on strike and continues to receive a lot of coverage. Richard Stallman says it's due to corruption (greed and lust for money).

Software patents protest against EPO



It's getting rather embarrassing and ugly because the waves this has sent across the media and A-list blogs rekindle an almost-forgotten discussion, which means that people take nothing for granted and start getting curious, thus getting better informed.

European Patent Agents Go On Strike To Complain About Pressure To Approve Bad Patents



One of the causes of so many bad patents getting approved lately is screwed up incentives in the patent system. For a while, the US had a de facto system where agents were pushed to approve a patent when in doubt. That's because they were judged on how many patents they went through -- and if they rejected a patent, the applicant could complain and ask for a review -- meaning that the examiner would have to spend more time reviewing that same patent again, decreasing the number of patents they had gotten through, potentially harming their "stats." Thus, it's often easier to just "approve." And, of course, the Patent Office itself is usually fine with this, because that means more patent applications and more fees.


IAM, whose interest is in patents (and plenty of them!), is getting concerned.

SUEPO needs to be completely transparent about its motivation, otherwise there will be a suspicion that patent quality is just being used as a tool to attract headlines. That, of course, is a very dangerous game. It can help to reinforce the claims that the patent system is not working. If you don’t believe me, just look at the enthusiastic coverage the strikes are receiving on anti-software patent websites.

So, to sum up: SUEPO and Ms Jacobs might be right. But we will not know until they stop sloganeering and start to provide some proof. Until they do, I am going to continue to be critical of their actions.


They merely fear the end of an era which lies ahead. A lot of patent attorneys and patent holders are likely to be disappointed to see sanity restored. The bursting of any bubble is inevitable.

This is not innovation; it's monopolisation.

[T]hey identify software and business methods as an issue, and state that large companies are using the patent system to build thickets that effectively keep competitors out of markets.


As more people scream for change and stand up for their right to run a business, the patent systems will find themselves under more fire. Loopholes in the law don't last forever.

“Software patents are a huge potential threat to the ability of people to work together on open source. Making it easier for companies and communities that have patents to make those patents available in a common pool for people to use is one way to try to help developers deal with the threat.”

--Linus Torvalds

Recent Techrights' Posts

FSFE (Ja, Das Gulag Deutschland) Has Lost Its Tongue
Articles/month
Ian Jackson & Debian reject mediation
Reprinted with permission from disguised.work
How to get selected for Outreachy internships
Reprinted with permission from disguised.work
Red Hat Corporate Communications is "Red" Now
Also notice they offer just two options: MICROSOFT or... MICROSOFT!
Links 26/04/2024: XBox Sales Have Collapsed, Facebook's Shares Collapse Too
Links for the day
 
Almost 2,700 New Posts Since Upgrading to Static Site 7 Months Ago, Still Getting More Productive Over Time
We've come a long way since last autumn
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 26, 2024
IRC logs for Friday, April 26, 2024
Overpaid lawyer & Debian miss WIPO deadline
Reprinted with permission from disguised.work
Brian Gupta & Debian: WIPO claim botched, suspended
Reprinted with permission from disguised.work
Microsoft's XBox is Dying (For Second Year in a Row Over 30% Drop in Hardware Sales)
they boast about fake numbers or very deliberately misleading numbers that represent two companies, not one
[Meme] Granting a Million Monopolies in Europe (to Non-European Companies) at Europe's Expense
Financialization of the EPO
Salary Adjustment Procedure at the EPO Challenged
the EPO must properly compensate staff in order to attract and retain suitably skilled examiners
Links 26/04/2024: Surveillance Abundant, Restoring Net Neutrality Rules (US)
Links for the day
Gemini Links 26/04/2024: uConsole and EXWM and stdu 1.0.0
Links for the day
Albanian women, Brazilian women & Debian Outreachy racism under Chris Lamb
Reprinted with permission from disguised.work
Microsoft-Funded 'News' Site: XBox Hardware Revenue Declined by 31%
Ignore the ludicrous media spin
Mark Shuttleworth, Elio Qoshi & Debian/Ubuntu underage girls
Reprinted with permission from disguised.work
Karen Sandler, Outreachy & Debian Money in Albania
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 25, 2024
IRC logs for Thursday, April 25, 2024
Links 26/04/2024: Facebook Collapses, Kangaroo Courts for Patents, BlizzCon Canceled Under Microsoft
Links for the day
Gemini Links 26/04/2024: Music, Philosophy, and Socialising
Links for the day
Microsoft Claims "Goodwill" Is an Asset Valued at $119,163,000,000, Cash Decreased From $34,704,000,000 to $19,634,000,000 and Total Liabilities Grew to $231,123,000,000
Earnings Release FY24 Q3
More Microsoft Cuts: Events Canceled, Real Sales Down Sharply
So they will call (or rebrand) everything "AI" or "Azure" or "cloud" while adding revenues from Blizzard to pretend something is growing
CISA Has a Microsoft Conflict of Interest Problem (CISA Cannot Achieve Its Goals, It Protects the Worst Culprit)
people from Microsoft "speaking for" "Open Source" and for "security"
Links 25/04/2024: South Korean Military to Ban iPhone, Armenian Remembrance Day
Links for the day
Gemini Links 25/04/2024: SFTP, VoIP, Streaming, Full-Content Web Feeds, and Gemini Thoughts
Links for the day
Audiocasts/Shows: FLOSS Weekly and mintCast
the latest pair of episodes
[Meme] Arvind Krishna's Business Machines
He is harming Red Hat in a number of ways (he doesn't understand it) and Fedora users are running out of patience (many volunteers quit years ago)
[Video] Debian's Newfound Love of Censorship Has Become a Threat to the Entire Internet
SPI/Debian might end up with rotten tomatoes in the face
Joerg (Ganneff) Jaspert, Dalbergschule Fulda & Debian Death threats
Reprinted with permission from disguised.work
Amber Heard, Junior Female Developers & Debian Embezzlement
Reprinted with permission from disguised.work
[Video] Time to Acknowledge Debian Has a Real Problem and This Problem Needs to be Solved
it would make sense to try to resolve conflicts and issues, not exacerbate these
Daniel Pocock elected on ANZAC Day and anniversary of Easter Rising (FSFE Fellowship)
Reprinted with permission from Daniel Pocock
[Video] IBM's Poor Results Reinforce the Idea of Mass Layoffs on the Way (Just Like at Microsoft)
it seems likely Red Hat layoffs are in the making
Ulrike Uhlig & Debian, the $200,000 woman who quit
Reprinted with permission from disguised.work
IRC Proceedings: Wednesday, April 24, 2024
IRC logs for Wednesday, April 24, 2024
Over at Tux Machines...
GNU/Linux news for the past day