Bonum Certa Men Certa

The Circus of Patent 'Reporting' (by Omission) on the Subject of Software Patents in the US and USPTO Bias

Like asking army generals about the needs of war...

Creating war



Summary: A look at some of the latest oddities in the US patent system and much of the reporting about software patenting (more or less monopolised by those who profit from it, not harmed by it)

THE USPTO keeps snubbing SCOTUS (the Supreme Court) and ignoring decisions like those which annihilate software patents, unlike the Enfish v Microsoft decision [1, 2, 3]. What kind of a rigged office is this? And it's not even a private company, it's portrayed or framed as an institution that exists for the common good.



Based on what we constantly find online, patent lawyers are now selling services (like a webinar in this case) around the uncertainty, promising to be the 'experts' for getting around the rules at the USPTO (while the USPTO often accommodates this, for various different nefarious reasons). Some people in this meta-industry even produce some kind of 'cheatsheet', or "Top Ten 101 Patent Eligibility Patent Drafting Rules...and an Enfish Sideshow," as one patent attorney has just put it, linking to this PDF.

"See what David Kappos is doing nowadays on behalf of large corporations that pay him, including his former employer."The USPTO, as we noted here several days ago, is heavily biased, sometimes by omission. It just wants to grant more and more patents, so restrictions (like patent scope limitations) are considered to be an 'enemy' and a perceived threat to 'results' (or 'growth'). Matt Levy, whose wife works at the USPTO, has just posted a list of USPTO case studies following additional reports (patents 'industry' sites [1, 2]) which say that the USPTO adopts a pro-software patents decision, incorporating it into the examiners' guidance. Why not do anything about a decision from the same court that was against software patents just a few days later? Or many dozens before it, which were also against software patents (at CAFC)? Let's face it, this system is rigged and money (or moneyed interests, or large corporations with their lobbyists) determine what happens. See what David Kappos is doing nowadays on behalf of large corporations that pay him, including his former employer. Kappos was the Director of the USPTO until not so long ago, namely a few years. Like David Petraeus (see image above), the former CIA Director, David Kappos now makes a killing by selling influence and suggesting horrific policies to his 'connections' (doors have revolved). Kappos is paid to do this. His mouth is basically up for sale. He is a lobbyist of the most dangerous kind and thus a source of shame to the system he came from (as it's indicative of institutional corruption).

As one might expect, especially because we showed dozens of examples in the past week alone, patent lawyers continue to ignore almost every CAFC case and instead cherry-pick to add 'detergent' to their shameless never-ending brainwash. Here are 4 new examples [1, 2, 3, 4]. They just keep cropping up at an amazing pace, sending across the message that software patents are now magically patentable again, provided one hires the 'witty' lawyers who write these columns. It's all marketing. Lawyers are typically liars, with few exceptions in many people's experience. They have a client to serve, they're not judges. Brainwash from them can be found aplenty in the Oracle v Google case right now, where the jury and judge hardly know what FOSS and API are. Lawyers of Oracle mislead them every day (we post a lot of links about this case) and the more ignorant the judge and jury remain, the better off Oracle will be. In fact, this whole case is ludicrous and should have been thrown out before it even reached a court. Unfortunately, not programmers assess such cases for their actual merit (or lack thereof).

"They just keep cropping up at an amazing pace, sending across the message that software patents are now magically patentable again, provided one hires the 'witty' lawyers who write these columns."Some of these same patents 'industry' sites now use the aforementioned cases to further stretch the limits of patenting (see "Patents For Self-referential Computer Database Are Not Categorically Unpatentable as Abstract"), but it isn't exactly shocking, is it? We found only one single new report about the Vehicle Intelligence case (a case we have covered here for months), which resulted in software patents being chucked away, as is usually the case after Alice. That's not what the patents 'industry' wants people to hear about, so it nonchalantly ignores this ruling.

Recent Techrights' Posts

[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
Taking Things Up a Notch
we strive/aim towards 15-25 new pages per day, i.e. around 500 per month or 6,000 per year
 
Improving Site Navigation for Easier Discovery and Catch-ups
This site is run by code we wrote ourselves
LibrePlanet 2024 Recordings
Let's hope independent recordings by viewers can help recovery of "lost talks" (recordings)
GNU/Linux Reaches 11% Market Share in the United States Of America - an All-Time High
The United States Of America is where the operating system started (Boston) and where Linus Torvalds works (Portland)
Links 11/05/2024: XBox Crisis, Spotify Exodus Continues
Links for the day
Gemini Links 11/05/2024: Why to Delete GitHub
Links for the day
In Europe, Bing Fell Every Month This Year, Lost a Considerable Share Since "Bing Chat" and All the Chatbot Hype
Microsoft's Bing has had many layoffs lately
Links 11/05/2024: Analysis of the Microsoft Crisis and Backdoor-Looking Bugs
Links for the day
Attacking the Messenger?
Stack Overflow and LLM licencing
Microsoft Fired Loads of Staff in Kenya, Which is Another Large Country Where GNU/Linux Has Grown a Lot
Microsoft pays Kenyans only 2 dollars an hour for an IT/office job
Knowing the True History of Debian, Owing to Irish Debian Developer Daniel Pocock (Currently Running to Become Member of the European Parliament)
Irish-Australian and scapegoat of a highly dysfunctional 'Debian family'
Attacking by Credentials
Modest people do not demand fancy titles
Microsoft Windows Used to Have 99% of the OS Market in Jordan, Now It's Just 13% (Less Than iOS)
Based on the data of statCounter, GNU/Linux in Jordan climbed from 0.62% in May 2014 to nearly 5% right now
More Nations Are Reaching and Exceeding 5% Market Share for GNU/Linux, Microsoft Wants to be Bailed Out Again
Microsoft is once again reaching out to Biden for a bailout - a subject we'll cover in a video some time this weekend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 10, 2024
IRC logs for Friday, May 10, 2024
[Meme] What Do You Call a Woman Who Does BDS on Free Software? Elana Hamasman.
Here are some confused thoughts
[Meme] Mission Aborted
Mission Aborted: cancel RMS
Gemini Links 10/05/2024: Love Is Infinite and Books vs Internet
Links for the day
Links 10/05/2024: Fears Over TSMC, Microsoft Loses Major Patent Case
Links for the day
Links 10/05/2024: Burner Phones in 6-Eyes Government, “Hatred and Demonization” on the Rise
Links for the day
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
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.
Gemini Links 10/05/2024: geminispace.info to Shut Down in 3 Weeks
Links for the day
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
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