Bonum Certa Men Certa

A Call for Patent Sanity

UK telephone box



Summary: The public's call for reform is motivated by improved understanding of today's debased patent system and how out-of-order (detached from its original mission statement) it has gotten; patent maximalism, if it does not completely unravel this whole system, severely discredits it

THE effort to paint everything as a "Science" or a "Technology" does not amuse us. We've come to the point where nature is being called something like "natural science" for the sake of patenting (there's also "biotech" and life has become "life science"). MedTech and similar words/phrases like Software as a Medical Device (SaMD) were tackled here before; this morning we saw this new piece about "Agritechs" (first time we see that as a single word). It says that "the decisions in Broccoli II and Tomato II led to disappointment amongst farmers and breeders, who viewed the decisions as putting unnecessary hurdles in the way of conventional breeding activities."



"It has long been pretty incredible that the European Patent Office (EPO) grants patents on plants, seeds and animals."Well, duh.

It has long been pretty incredible that the European Patent Office (EPO) grants patents on plants, seeds and animals. António Campinos and Benoît Battistelli have both done photo ops with groups that push for this lunacy, propelling that agenda. This, in my view, is even crazier than those ludicrous software patents in Europe (in effect monopolies on mathematics) because it's like claiming credit for the planet's own work (or "God" is you're a religious person). We've written about EPO protests over this matter for well over a decade now. We posted photographs from those protests as well. Remember those massive inflatable pigs? Who can forget?

"Patent examiners we know (yes, we occasionally speak to a few) are generally against that. They don't think it does any good to the reputation of the employer and their job, not to mention the sense of injustice associated with helping mega-corporations which are in effect chemical giants (they literally make poisons; see Bayer's and Monsanto's entire history) at the expense of poor farmers -- many of them so debt-saddled and stressed that they commit suicide."Also this morning we saw new sponsored 'articles' like Managing Intellectual Property's "EPO: Plants which are not patentable" (notice sponsorship note on the left hand side). All plants should not be patentable. The common loophole or workaround is GMO. Irrespective of the merit of the manipulation/mutation they look to patent it and if it reproduces, they then claim to 'own' that too. Quite a ploy for endless, limitless monopoly! The U.S. Patent and Trademark Office (USPTO) is antagonistic towards that (because of Mayo for instance), whereas in Europe nothing was done to tackle the matter. The EPO continues to shelter the monopolies of Bayer/Monsanto.

Patent examiners we know (yes, we occasionally speak to a few) are generally against that. They don't think it does any good to the reputation of the employer and their job, not to mention the sense of injustice associated with helping mega-corporations which are in effect chemical giants (they literally make poisons; see Bayer's and Monsanto's entire history) at the expense of poor farmers -- many of them so debt-saddled and stressed that they commit suicide.

For the long-term survival of the patent system the credibility of the cause is essential; right now with COVID-19 the patent system is coming under endless scrutiny (and Watchtroll keeps moaning about the critics). How can we reconcile the need to find cures/inoculation -- as soon as possible to be distributed as widely as possible -- with the race for monopolies, exclusivity, and price-fixing efforts (related to access to medicines and generics being crushed).

"The patent system cannot survive for long (it may cease to exist altogether) if the public cannot be convinced that it serves the public interest."The patent system isn't like a 'God-given' thing; heck, it has barely existed in the entire history of human kind. It's a relatively young concept, mostly promoted if not also conceived by the super-rich looking to guard their wealth. They're not happy with SCOTUS examining constitutional aspects and coming up with 35 U.S.C. ۤ 101/Alice because it limits the scope of monopoly. It increases freedom to operate (not the same as deregulation) and broadens the Commons.

The patent system cannot survive for long (it may cease to exist altogether) if the public cannot be convinced that it serves the public interest.

"...the public generally comes to realise that many patent monopolies are derived from the 'public purse' and then handed over to private hands that rip off the taxpayers."Two days ago CounterPunch published this article entitled "Is it Impossible to Envision a World Without Patent Monopolies?"

"Elisabeth Rosenthal," it said, "who is a very insightful writer on health care issues, had a column this morning warning that we may face very high prices for a coronavirus vaccine. She points out that this is in spite of the fact that the government is paying for much of the cost of the research."

This is another common cause for criticism; the public generally comes to realise that many patent monopolies are derived from the 'public purse' and then handed over to private hands that rip off the taxpayers. This is a gross abuse of the system and the more people catch up with it, the stronger the resistance will become. In this particular context, unlike with code, many lives are at stake.

Recent Techrights' Posts

Linux is Released Too Often, Tested Insufficiently (Same as Chromium, Firefox, and Systemd)
Driven by schedule, not quality (objective criterion)
When I discovered people trafficking in open source software
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
 
The Fall of Meritocracy in Tech
nuff said
Microsoft Has Lost Malta
Android has caught up
In Asia, Baidu Has Become Bigger Than Bing and Yandex is Getting There Too
XBox and Bing are going through existential crises
"Having IBM Next to Your Name is a Scarlet Letter"
IBM staff just motivated not to work
Techrights Browsing Made Easier
a draft for discussion
Links 12/05/2024: XBox Founders Say Microsoft Lost Its Identity
Links for the day
Gemini Links 12/05/2024: Enshitification and Mind Maps
Links for the day
Aside From Red Hat Spam and Partisan Media There's a Lingering Rumour of Layoffs
Some rumour said IBM had second thoughts about a WARN notice and delayed that a bit
The Albanian open source community is very healthy indeed
Windows nosedives from 99.1% to a lot less
Web Sites Hijacked by WIPO on Behalf of Microsoft-Sponsored SPI (and People Looking to Hide Embarrassing Facts)
debian.chat; debiancommunity.org; debian.day; debian.family; debian.finance; debian.giving; debiangnulinux.org; debian.guide; debian.news; debian.plus; debianproject.community; debianproject.org; debian.team; debian.video
Julian Assange on Privacy of People, Even Little Children
Facebook/Google (or GAFAM, an acronym I coined with Assange) knows you better than your mom knows you
[Meme] Miscomprehension of GDPR
Social control in general is a ticking timebomb
In Haiti, the Market Share of Windows Collapsed (From 97% to 27% on Desktops/Laptops)
A couple of months ago Windows was measured at 3.04%
In Most Countries It's Still Possible Not to Have a 'Smartphone' and to Pay for Nearly Everything With Cash
Withdrawing money will be possible as long as enough people use many ATMs (cash machines)
Expect Lots of Material From Daniel Pocock as Election Day Nears
The experiences of Daniel Pocock were an excellent example of reprisal or retribution against either whistleblowers or people who give a voice to whistleblowers
I've Been Promoting Free Software for Over 25 Years
I wrote my first computer program when I was about 14, maybe a little younger (I have visual memory of it)
Reminder: Richard Stallman's Talk is This Week in Paris (and in French)
Defending rms isn't the same as defending everything he has ever said
IRC Proceedings: Saturday, May 11, 2024
IRC logs for Saturday, May 11, 2024
Online Bullying (Trying to Make People Unhappy)
Narcissists and bullies behind mice and keyboards, no honesty or fact-checking required
Talk About Software Freedom
"Linux" and "BSD" may mean a lot to more and more people, but they're still just brands or acronyms
Windows in South Korea: From 98.5% in 2010 to About 30% (Android Rises to Almost 50%)
Samsung ships like a million Linux devices per day
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)
[Meme] Being Believed, Not Censored or Defamed
Daniel Pocock, Zini, and John Sullivan (FSF)
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
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
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