Bonum Certa Men Certa

The United States Still Has Software Patents Because of USPTO Greed, Incapacity for Criticism/Change

The USPTO's previous Director now a kind of lobbyist who works for software patents proponents, including his former employer

Kappos PAI



Summary: Criticism of US patent scope, which still leaves room for software patents because of corporate resistance to change/reform, motivated by USPTO maximalism (trying to grow numbers irrespective of quality)

THE USPTO is the main remaining barrier to abolition of software patents. The US Supreme Court already ruled on the subject, but the USPTO, which is powered by greed (just see what former Director Kappos is doing these days), refuses to obey the courts until it must, as it damages the USPTO's reputation and valuation of patents.



"Innovation needs no patent protection," a new article from The Hindu (published moments ago), speaks specifically about software patents in India and says (specifically citing the US as a problem): "The lack of clear boundaries in software means that even law-abiding software developers who intend not to violate another’s patent have no clear means of avoiding it. With 15,000-plus e-commerce patents (2010) in the U.S. alone, it is not possible to eliminate the risk of a patent infringement lawsuit. Frivolous lawsuits by U.S. patent trolls account for nearly 38 per cent of all patent litigation in the U.S. The problem of software patents ends up increasing the cost of software for all of society."

"Actually, considering the original idea behind patents, secrecy oughtn't be needed (nor protected)."If patents are about publication, which is what they were about in the first place (at time of their inception), how come so much secrecy and even talks of an appeal to the US Supreme Court, SCOTUS (regarding secrecy)? According to this new article: "Given the dissenting opinion in this case, a further appeal to the Supreme Court is not inconceivable. Unless and until that happens, however, communications between a patent applicant and their patent agent that are directly related to the preparation and prosecution of a patent are entitled to privilege. The difficulty will be in recognising when the line is crossed and, in grey areas, it is very likely that we will continue to see attorneys copied into correspondence."

Actually, considering the original idea behind patents, secrecy oughtn't be needed (nor protected). Why should SCOTUS resources be wasted on such matters? Besides, as we have already shown for nearly 2 years, the USPTO hardly cares what SCOTUS says. Courts continue to smash software patents to pieces, whereas the USPTO continues granting software patents. As this new article/blog post points out today, the issue is further complicated by the notion of computer-generated patent applications and minds as computer metaphors. "Courts now routinely," says the author, use a particular subcategory "to invalidate claims for software inventions that “can be performed in the human mind, or by a human using a pen and paper.”"

"Nobody benefits from all this red tape except monopolists and their lawyers (the monopolists already have them among staff, and the legal costs scale fine with their huge business base)."We saw such wordings before ("pen and paper" analogies), even in court rulings. The second aforementioned article (both from Bilski Blog) notes: "As the AlphaGo-like computers continue to help human predict the unpredictable and make fast breakthroughs, it also raises important questions about inventorship and challenges our present patent system. To have a well-functioning patent system in the digital age may require a rethinking of inventorship by our courts and legislature."

Nobody benefits from all this red tape except monopolists and their lawyers (the monopolists already have them among staff, and the legal costs scale fine with their huge business base).

"Patent systems without restrictions on scope are bound to become just filing systems that are ultimately obsolete."According to another new article from today, Uber gives yet another reason for a boycott as it pursues software patents to ensure monopoly whose overall (societal) cost would be huge. "It's unclear how Uber's new patent could affect Lyft's application of its own “Prime Time” dynamic pricing feature," wrote the author, "if at all. In recent years many in Silicon Valley have argued the process for obtaining software patents is flawed."

Later today we are going to to touch several related matters. Patent systems without restrictions on scope are bound to become just filing systems that are ultimately obsolete.

Recent Techrights' Posts

IBM Culling Workers or Pushing Them Out (So That It's Not Framed as Layoffs), Red Hat Mentioned Repeatedly Only Hours Ago
We all know what "reorg" means in the C-suite
 
Jonathan Carter & Debian: fascism hiding in broad daylight
Reprinted with permission from disguised.work
Gunnar Wolf & Debian: fascism, anti-semitism and crucifixion
Reprinted with permission from disguised.work
Links 01/05/2024: Take-Two Interactive Layoffs and Post Office (Horizon System, Proprietary) Scandal Not Over
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 01, 2024
IRC logs for Wednesday, May 01, 2024
Embrace, Extend, Replace the Original (Or Just Hijack the Word 'Sudo')
First comment? A Microsoft employee
Gemini Links 02/05/2024: Firewall Rules Etiquette and Self Host All The Things
Links for the day
Red Hat/IBM Crybullies, GNOME Foundation Bankruptcy, and Microsoft Moles (Operatives) Inside Debian
reminder of the dangers of Microsoft moles inside Debian
PsyOps 007: Paul Tagliamonte wanted Debian Press Team to have license to kill
Reprinted with permission from disguised.work
IBM Raleigh Layoffs (Home of Red Hat)
The former CEO left the company exactly a month ago
Paul R. Tagliamonte, the Pentagon and backstabbing Jacob Appelbaum, part B
Reprinted with permission from disguised.work
Links 01/05/2024: Surveillance and Hadopi, Russia Clones Wikipedia
Links for the day
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails