Bonum Certa Men Certa

The Horrible State of the US Patent System With Its Infamous Software Patents and the Latest Deception From Patent Lawyers-Dominated Media

Sheep can be bamboozled by the patent wolves in sheep clothing

Sheep and wolf



Summary: A roundup of recent articles about software patents and how media which targets patent lawyers (and is often managed and authored by them) covered the subject

THE US patent system has attracted worldwide ridicule for patent trolls and for low-quality patents. It got a lot worse in recent years as the number of granted patents doubled (without innovation actually doubling). A new article by Daniel Nazer from the EFF, who dunked his article in at least a couple of places [1, 2], is putting to shame a software patent. "This month," he wrote, "we feature yet another patent that takes an ordinary business practice and does it on a computer. Our winner is US Patent No. 8,738,435, titled "Method and apparatus for presenting personalized content relating to offered products and services." As you might guess from its title, the patent claims the idea of sending a personalized marketing message using a computer."



"Who benefits here other than the patent 'industry'?"These patents tend to be as trivial as they sound. No wonder a lot of patent trolls strike everywhere and people are shocked by the poor patent quality at the USPTO, where almost every patent application is now successful. To invalidate patents in a court it costs a lot of money, so settlement is often a lot cheaper, even when the patent at hand is provably bogus. Consider Apple's "Slide-to-Unlock" patent, which we wrote about before (even years ago). Apple's latest patent loss was covered by Professor Dennis Crouch a few days later and IAM meanwhile showed that it's rather upset because phones are to be sold at a price less than patent tax (‘royalties’). This massive patent tax, which can artificially bring the price of phones up to $1000 apiece, helps patent laywers and maximalists. Why did it take so many years for the courts to finally be convinced that the stupid "Slide-to-Unlock" lunacy is not patent-eligible? Will Apple appeal (or petition to appeal), ensuring this drags on in the courts for several more years to come? Who benefits here other than the patent 'industry'? Who foots the bill if not Samsung, which can pass down the cost of litigation to customers?

"They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists."The patent maximalists have just noted "a record year [2015] for" realisation that many patents granted by the USPTO should never have been granted in the first place. It's about PTAB, which we wrote about the other day. "This is the year the US patent pendulum swings back," said another new headline from patent maximalists, noting: "It’s been tough going for patent owners in the US over recent years, with legislation, the courts and the Patent Trial and Appeal Board at the USPTO increasing uncertainty over validity and enforcement; this has reduced the incentives alleged infringers have to make deals, while also pushing down patent values. Now, though, things may be about to change..."

They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists. "Examiner's comment regarding use of DDR Holdings in 101/Alice rejection," was noted by Patent Buddy the other day, "everyone argues that case and we don’t know what it means."

"Objective analysis or salesmanship?"Another site of patent maximalists (although a more restrained one when it comes to that) took note of PTAB and asked: "Does the Patent Act permit the Patent Trial and Appeal Board to make inter partes review institution decisions?"

In simple terms, all the above are very much concerned about the ability to kill patents even without them being brought before a court (patent litigation). What we strive to show here is the sheer bias, where those who profit from patents but don't actually make anything bemoan the new reality (post-2012 and post-2014, one being a reform and the latter being Alice at SCOTUS).

Trying to get software patents in Singapore? Well, as viewed from patent maximalists' eyes (MIP), that's all fine and dandy. Trying to get software patents in Korea? HANOL Intellectual Property & Law is trying to help with its 'opinions' and 'articles'. The situation is explained by patent lawyers in Korea. Objective analysis or salesmanship?

"We blame this on self-serving patent lawyers steering it all, from media to policy."Looking at IAM, another one of those patent maximalists' sites, even the Chinese patent bubble is noted there [1, 2]. Surely they hope that not only Europe but east Asia too will follow the terrible model of the US patent system. Here they are fawning and drooling over patent trolls in Europe -- trolls from whom they can make money. Patent thickets and patent taxes are being broadened even further with all sorts of aggregates like WiLAN, so patent lawyers show some glee (with revenue steams like these, what lawyers would not be jubilant?) and say: "This deal comes amid what has been a transformative period for WiLAN. Last June it acquired a portfolio of around 7,000 assets formerly owned by Qimonda. It followed that by announcing that it had agreed a privateering deal with Freescale Semiconductor in which Freescale agreed to transfer more than 3,300 patents to the NPE" (it means patent troll).

There is so much misinformation out there about patents. We blame this on self-serving patent lawyers steering it all, from media to policy. Technical people must at least try to get involved and get the record straight, otherwise they'll get harmed.

Pieter Hintjens, the former President of the FFII, said some days ago: "A lesson I learned many years ago, fighting software patents: if your communities don't do politics, politics will do you." He then added: "To do politics: identify your enemy, understand them, then raise their costs to an unbearable level."

Recent Techrights' Posts

Microsoft OSI Uses Its Money to Hire PR Agencies That Spy and Spread Mindless Openwashing of GPL-Violating Microsoft Ploy
`We're under attack. But the attackers smile at us and hire PR firms to spy, mislead etc.
In Nigeria, Africa's (by Far) Largest Population, Microsoft Bing is the 0%
To Microsoft, Africa is just "someplace" to get intensive, hard-working human 'resources' (tech labour) at 2 dollars 'apiece' as in per person per hour
Microsoft Layoffs and Closures Now Reported in Africa
Microsoft Uninstalls Nigeria as it closes African Development Centre (ADC) in Lagos
 
[Video] Richard Stallman, "I Saw You Playing Your Recorder in Paris" (Due to Proprietary Software Only)
Corporate autocrats do not want counterparts or alternatives to even exist
Five Years After the Extensive Campaign of Defamation Against Richard Stallman He's Still Giving Public Talks
"Richard Stallman will give a talk, in French, Free Software and Freedom in a Digital Society at Centrale Supelec in Saclay, on May 15."
Microsoft Is Rebranding Its 'Chatbot' Search for the Third Time Because It Fails to Gain Adoption
it always means that something has failed - not that they'll openly admit it
Richard Stallman Gives a Talk in Paris Next Week (in French) and It's About Freedom
another talk, which he has only just announced
Pace Up, Distractions Down
We've made our curation process faster and more efficient
In Algeria, GNU/Linux Estimated to Have Grown Tenfold in a Decade
a sharp rise in GNU/Linux usage
[Meme] Red Hat Diversity
Red Hat: don't mention Haghighi
Our Sister Site Turns 20 in Exactly One Month
twentieth anniversary of the site
Corporate Media Focuses on Who's Suing Red Hat, Not What It's Sued For
The unfortunate thing is, anybody who has an opinion on this lawsuit will inevitably be framed as "pro-Trump" or "anti-Trump"
Links 10/05/2024: Many More Microsoft Layoffs on the Way
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 09, 2024
IRC logs for Thursday, May 09, 2024
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
Links 09/05/2024: Journalists in Detention, China Banning Songs or Anthems
Links for the day
Support for harassment and abuse victims
Reprinted with permission from Daniel Pocock
Gemini Links 09/05/2024: Being Sick Enough and End of “World of Ends“
Links for the day
Links 09/05/2024: 'Hey Hi' (AI) Bubble Implodes Some More, Microsoft Layoffs So Widespread It's Hard to Keep Track
Links for the day
Speaking of Enshittification and Freedom, We've Still Not Begun Tackling the UEFI 'Secure' Boot Mess (Preventing GNU/Linux From Even Booting!)
Microsoft continues to fly under the radar and commit competition crimes with impunity
Microsoft Has Just Confirmed Mass Layoffs in Nigeria, It Now Adds Insult to Injury With Price Hikes for Locals
It's not like Microsoft paid them good salaries
Software Enshittification or Freedom? It's not a hard choice!
Reprinted from Alexandre Oliva
Links 09/05/2024: More Microsoft Layoffs on the Way
Links for the day
Amid Microsoft Layoffs in Nigeria GNU/Linux Climbs Above 6% Market Share (Not Including ChromeOS)
Hundreds are being laid off by Microsoft in Nigeria, based on yesterday's reports
[Meme] Blame the Robots or the 'Hey Hi' (AI), It Always Works in Today's Media
Companies do not have financial troubles! They have "efficiencies"...
News Reports Say Many More Microsoft Layoffs on the Way, Rumours Say Red Hat Also Imminently a Target
Microsoft is slipping out of control
Links 09/05/2024: Diplomacy Efforts With China, AstraZeneca Stops Experimenting With COVID-19 Vaccines
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 08, 2024
IRC logs for Wednesday, May 08, 2024
Gemini Links 09/05/2024: Registered Computer Professionals and TLS (The Long Slog)
Links for the day
Links 08/05/2024: Android Malware and "AI" Hype
Links for the day
[Meme] Technical Committee With People Who Are Not Technical
the computing/computer industry being occupied by people who lack suitable background
The Demise of Computer Science Education
Education is essential for the future; without it, whole nations will perish
[Video] Prisons for the Minds and for Tech Workers
Today's video talks about what happens to workforces (across disciplines) in recent years
[Meme] Struggling to Leave Its Nazi Past Behind
digital arson
Microsoft Declines to Talk About How Many People It Has Just Laid Off
Hours ago in IGN: "Microsoft did not say how many staff will lose their jobs, but significant layoffs are inevitable. IGN has asked Bethesda for comment. Microsoft declined to expand further when contacted by IGN."
Microsoft Windows in South America: From 99% to 87%
the latest from statCounter
It's Rather Obvious Why They Try to Silence Richard Stallman, Eben Moglen, and Daniel Pocock
Some of them already sent physically menacing messages to Daniel Pocock
IRC Network of Techrights Turns 3 (or 16 if We Count the Freenode Days)
In a few months IRC turns 36
Sedating Oneself (and Shareholders) With Fuzzy Buzzwords and Pointless Acquisitions
IBM trying to buy time
Clickfraud Spamnil Ran Out of Clickfraud Budget, Apparently
sooner or later charlatans and frauds run out of steam
Techrights Gets Under the Skin of Bad, Corrupt, Immoral People (That's a Good Thing)
Journalism is the lifeblood of democracy and free societies
Companies Do Not Shut Down Offices and Lay Off Staff en Masse (Morale and Reputation Issue) Unless They're in Deep Financial Trouble
Microsoft has been faking its financial performance for years
IRC Proceedings: Tuesday, May 07, 2024
IRC logs for Tuesday, May 07, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Video] Leaving Microsoft Behind for the Sake of National Security
Threats to "National Security" aren't some users with an Android phone but Microsoft at the root of things
GNU/Linux and ChromeOS Now at 6% in France, According to statCounter
numbers from statCounter