Bonum Certa Men Certa

Dreaming of a Real Patent Reform

The Capitol



Primer: In a nation where algorithms and methods (abstract, no physical equivalent) become proprietary 'assets' a reform must arrive to restore competition and innovation

THE US patent system was recently ridiculed for encouraging patents so poor that someone seeking a patent monopoly on his "Godly" powers justified it by pointing to software and business method patents, to paraphrase the headline from Techdirt. We actually wrote about it last week when it was not clear whether it was a prank. Last week we also noted that the USPTO or associated legislator claimed that they sought changes to the system, but as we state repeatedly, no real reform is even being proposed. The thing they call "reform" is just "wolf in sheep's clothing," to reuse the term from this one opinion on the HR 1249 Patent Reform Bill. There is no real reform in the making and it is only getting worse as more and more patent trolls plant their flag somewhere in a practicing industry, usually the software industry (a lot of patent trolls do favour and focus on software patents, based on recent statistics).



On the subject of business methods and associated patents there is this new report in the New York Times. This is closely related to the subject of software patents because both types of patents are ludicrous for similar (not identical) reasons. Read this:

Banks Turn to Schumer on Patents



For years and much to their frustration, big banks have paid hundreds of millions of dollars to a tiny Texas company to use a patented system for processing digital copies of checks, making Claudio Ballard, the inventor of the system, a wealthy man and the bank industry’s biggest patent foe.

[...]

But DataTreasury and Mr. Ballard have fought back. They have hired their own Washington lobbyist, financed in part by the $400 million in settlements, jury verdicts and royalties earned in recent years.

In an interview, Mr. Ballard said the banks’ argument that they had embarked on electronic check processing — the process covered by his patents — long before his patents were issued is simply wordplay.


Patently-O, a maximalist of the patent system says that "[w]ell known patent attorney Hal Milton recently published a new article in John Marshall’s Review of Intellectual Property Law (RIPL) that argues for the presentation of a “new result” within every patent application. The majority of newly drafted patent applications do not follow Milton’s approach and instead seem to obscure the innovative elements of the claimed invention and fail to identify the problem being solved by the invention." Need we have more evidence that patents do not promote innovation? We have gathered a lot over the years. Patents cost each and every one of us a lot of money while mostly benefiting lawyers and billionaires who are defended by them.

Recent Techrights' Posts

[Video] LinuxFest Northwest is Letting GAFAM Take Over (and Why It's Hard to Resist)
Microsoft and LinuxFest Northwest
 
[Video] 'Late Stage Capitalism': Microsoft as an Elaborate Ponzi Scheme (Faking 'Demand' While Portraying the Fraud as an Act of Generosity and Demanding Bailouts)
Being able to express or explain the facts isn't easy because of the buzzwords
Richard Stallman Talk 'Delayed'
"Repousé à une date ultérieur. Du au congé, il n'était pas possible de l'organiser bien dans le temps disponible."
Links 15/05/2024: Toll on Climate Change, Physical Assaults on Politicians
Links for the day
[Meme] Free Society Requires Free Press
The Assange decision is now less than a week away (after several delays and demand for shallow 'assurances')
CyberShow Goes "Live"
The CyberShow has a similar worldview (on technology and ethics) to ours
Latest Status of Site Archives (Static Pages)
article listings are reaching a near-final form
IRC Proceedings: Tuesday, May 14, 2024
IRC logs for Tuesday, May 14, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Today's Talk by Richard Stallman Going Ahead as Planned
That talk will be in French
At This Pace (and Rate) It Won't Take Long for Android to Unseat Windows in Russia
Operating System Market Share Russian Federation
[Video] The High Cost of High-Level Tools and High-Level Programming Languages
Windows and Microsoft-style teaching remain a barrier to simple programming
Linux and Linux Foundation Leftovers
Some more Linux news
Africa is Still Android
Operating System Market Share Africa: May 2024
Windows Falls to 10% in Uganda, It Was 94% in 2010
Microsoft fell from market dominance to (soon) single digit (percent-wise).
Grouping Our Archives by Week
No more 'numbers lottery', the clustering is based on dates
Links 14/05/2024: Bounties on Terrible Patents, China Censors Dissidents Internationally via Attack Dogs
Links for the day
Gemini Links 14/05/2024: Server Failure Swallows rawtext.club
Links for the day
Links 14/05/2024: SoftBank and ARM Chasing Hype, "Why Are You Working?"
Links for the day
Links 14/05/2024: Microsoft Edelman Works for Climate Change Deniers, NATO Draws a Cyber Red Line in Tensions With Russia
Links for the day
Feasibility of Self-Hosting is About More Than Speeds
Speed helps, but the Internet (Net) is a global, interconnected system that no single person or company or government fully controls
EPO: Language of Conflict
A letter about this has already been sent
IRC Proceedings: Monday, May 13, 2024
IRC logs for Monday, May 13, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Watching Our Videos Before We Write Articles for Them
It has long been possible
Microsoft is Measured at Lower Than Apple in Niger (Of Course Android Dominates)
Niger's OS share (as measured by Web sites) is subjected to significant fluctuations because it's not highly connected
Refuting the Ludicrous, Laughable Idea I Don't (or Cannot) Code
I've written code for 30 years
[Meme] "Talk is Cheap. Show Me the Code." - Linus Torvalds
be like Chad
Windows in Chad: Going Extinct
From 100% to 1%?
Doing the Site From Home (What I Always Wanted to Do)
Even some of the hosting was done from home (since 2020)
[Video] Systemd Helps Microsoft Break Apart Linux and Hijack the Vocabulary
Systemd and Halloween Documents
Links 13/05/2024: Melinda French Gates Quits Gates Foundation After Leaving Husband Over Strong Jeffrey Epstein Ties
Links for the day
Slashdot Parrots Microsoft/Red Hat PR, Sponsored by Microsoft/Red Hat
The editorial work by "EditorDavid" leaves much to be desired
Links 13/05/2024: Clown Computing Failing Again, Navalny Posthumously Awarded Prize
Links for the day
FSF-EEE (FSFE) and Microsoft, or How Microsoft Keeps Paying the Fake 'FSF Europe'
The FSF-EEE is not even authorised to use the name FSFE
[Meme] Unconstitutional Proceedings in Foreign Languages for the Benefit of Corporations Outside Europe
Why does the UPC even exist?
Android Rises to 59% Market Share in Hungary, Windows Falls to All-Time Low
GNU/Linux in Hungary Reaches 3.5%
Approaching Our 3,000th Post (After Moving to a Static Site Generator Back in September)
the main purpose is to enable people to catch up
[Video] The Microsoft Crisis Isn't Over (More Mass Layoffs Planned)
We saw many attempts at suppressing information lately
Don’t Use Disney Minus. (Disney “Plus”)
Reprinted with permission from Ryan Farmer
Links 13/05/2024: Wikimedia Rides Hype Wave, XBox Expected to Go Through More Layoffs This Summer (July)
Links for the day
Gemini Links 13/05/2024: Kingdom of the Dead and Narrative Adventure Game Gem
Links for the day
When Lunatics Attack Your Family (Especially Women)
The attacks on my wife and my mom are rather revealing. These are acts of extreme misogyny.
Visually Enhanced Interviews With ESR and RMS on Free Software (With French)
Nom de code - Linux
IRC Proceedings: Sunday, May 12, 2024
IRC logs for Sunday, May 12, 2024
Over at Tux Machines...
GNU/Linux news for the past day
GNU/Linux Rises to Record High in Macao
iOS and Android are very big there
Debian: Let's Pretend We Never Knew Daniel Pocock
Ad hominem is what happens when the message is hard to dispute