Bonum Certa Men Certa

LexOrbis is Trying to Sneak Software Patents Into India in Defiance of the Ban

Pay up for legal 'services' or else!

Indian money



Summary: The attempts to disguise mere code (or thought processes) as a "device" prevail in the nation which is set to become the world's largest population in less than a decade

TECHRIGHTS has come across a lot of nefarious lobbying by LexOrbis in recent years. IAM is often the (apparently) paid-for platform, but that's not always the case.



"It is trying to attract software patent hopefuls, that's pretty clear based on its writings."LexOrbis keeps pushing for software patents in India (and lies about these too, as they're generally not allowed) because it profits from litigation. It is trying to attract software patent hopefuls, that's pretty clear based on its writings. It's also attempting to change the law. In addition to this, LexOrbis keeps trying to give tips on patenting software by fooling examiners, basically dodging the rules. This kind of mischief continued in IAM last week, courtesy of Daljinder Pal Singh Parmar who wrote:

Every denial of patentability in cases involving algorithms should be properly justified using a rule of reason analysis, rather than refusal as a category of excluded subject matter being based on a per se rule analysis. This would necessitate claim drafting by restricting an algorithm to a particular application and its use as applied in any manner to physical elements or process steps which should result in the transformation and reduction of an article to a different state or thing.

As a precaution, drafters should avoid reciting algorithms directly or indirectly and refrain from using the term ‘calculate’ in claims. Where algorithms are found to be recited in claims, the invention should be structured and claimed in a manner which makes them an integral part of a larger process, apparatus or device, affecting physical changes or producing a transformed or new physical product ‒ thereby overcoming the IPO’s exclusionary evaluations under Section 3(k). Whether an algorithm as part of a method or process can be patented and how the IPO will treat algorithm-related inventions under Section 3(k) in light of the new guidelines remain to be seen.



See what he is saying? Just don't call algorithms "algorithms" and avoid words like "calculate" because algorithms are all reducuble to mathematics. Notice the weasel terms he recommends, "apparatus or device, affecting physical changes or producing a transformed or new physical product..."

There's that old saying that lawyers are basically liars. LexOrbis serves to reinforce that perception.

"The bottom line is, India does not allow software patents. However, firms which profit from other gullible firms that pursue software patents in spite of the exclusion would have us believe otherwise."As a side note, Kerala, which is known for Free/libre software use (not just GNU/Linux but also freedom-respecting software on top of that), received a mention in relation to SunTec last week. This made a mention of "software products and creating intellectual property and software patents," even though the concept is rather odd in India.

The bottom line is, India does not allow software patents. However, firms which profit from other gullible firms that pursue software patents in spite of the exclusion would have us believe otherwise. We certainly hope that Indian patent examiners will take note of the above tricks and reject the applications accordingly. Dressing up algorithms as something physical might help fool an examiner or two, but not a court/judge/jury. Innocent people would be harmed by erroneously-granted patents. It's expensive to fight patents in a courtroom, more so in India.

Recent Techrights' Posts

Berlin police declined to investigate FSFE Nazi comparisons
Reprinted with permission from Daniel Pocock
Microsoft GitHub: A Hair Salon Where You Get Awards for Nothing (NFT Vanity)
People aren't defined by some private (proprietary) database and Microsoft does not universally "score" developers
 
Security & Debian: Urgent: New Feed URLs after another WIPO censorship
Reprinted with permission from Daniel Pocock
World Press Freedom Day: WIPO censors Debian suicide cluster
Reprinted with permission from Daniel Pocock
Gemini Links 07/05/2024: Smashing Windows (Moving to GNU/Linux) and Mastodon Time-wasting
Links for the day
Links 07/05/2024: Pulitzer for Supreme Court Expose, New Threats to Media Reported
Links for the day
Links 07/05/2024: Cheap EVs and Cloudflare Layoffs
Links for the day
[Meme] Communities Governed by Parasitic Elements and Girlfriends (Who Can't Understand Those Communities)
Karen Sandler and Molly de Blanc present at DebConf18
[Meme] You Can't Kill an Idea (or Facts)
Thankfully, in Western societies, there's still due process, rule of law etc. You don't just hire assassins or imprison critics
[Meme] Software in the Public Interest (SPI), Inc, Values Articles of Daniel Pocock at ~$5,000 Each (and Fails to Hide the Facts)
we are laughing, not grieving
IRC Proceedings: Monday, May 06, 2024
IRC logs for Monday, May 06, 2024
Over at Tux Machines...
GNU/Linux news for the past day
[Meme] About 2,564 Internet Sites Now at Risk of Hostile Takeover by Microsoft-Sponsored Software in the Public Interest (SPI)
WIPO censors Debian suicide cluster
Links 07/05/2024: Burning Plastic Waste, Facebook Censoring Politicians
Links for the day
Gemini Links 07/05/2024: Smashing Windows (Microsoft Losing Users to GNU/Linux), Sixty Years of BASIC
Links for the day
Southern Asia is All Android (Majority) Now
It's looking better (almost) every month
Windows Already Down to 1% "Market Share" in Some Countries
it is a dying breed
Tesla Has Become a Ponzi Scheme or a 'Meme Stock'
They tell us Tesla is "worth" almost twice as much as a company that sold about 30 times more cars
For People at Red Hat "Job is at Risk"
Red Hat is consulting some notorious firms to implement cuts
Linux.com Became Mostly Dead, de Facto Marketing Site of "Linux" Foundation Products (Unrelated to Linux)
what has happened to the authoritative domain Linux.com
In Europe, Android is Bigger Than Windows (Android Now Measured at 45.1% Worldwide)
Right now in statCounter...
Links 06/05/2024: Al Jazeera Raided, Wildfire Season Coming
Links for the day
On Character Assassination Tactics
The people who leverage these dirty politics typically champion projection tactics
Links 06/05/2024: Scams and Politics
Links for the day
Gemini Links 06/05/2024: Reading and Computers
Links for the day
United States Entering the $100 Trillion Debt Trap, We Compare GAFAM Debt
Google's debt is about 6 times less than Amazon's
GitLab's Losses Grew From $172,311,000 to $424,174,000 Per Annum
Letting this company have control over your (or your company's) development/code forge may cost you a lot in the future
statCounter's Latest: Android Bouncing to New All-Time Highs, Windows Down to Unprecedented Lows
Android rising
Can't Bear the Thought We're Happy and Productive
If someone is now harassing online friends, attacking the wife, attacking my family (not just attacking and defaming people I know online) there are legal ramifications
IRC Proceedings: Sunday, May 05, 2024
IRC logs for Sunday, May 05, 2024
Over at Tux Machines...
GNU/Linux news for the past day
Erinn Clark & Debian: Justice or another Open Source vendetta?
Reprinted with permission from disguised.work
Death of Michael Anthony Bordlee, New Orleans, Louisiana
Reprinted with permission from disguised.work
The Revolution Continues
Today we've published over 20 pages and tomorrow we expect more or less the same
Death of Dr Alex Blewitt, UK
Reprinted with permission from disguised.work
Software Freedom Conservancy (SFC), Inc. vs. Vizio, Inc. Is Costing the Free Software Foundation Money
FSF subpoena and deposition
Following the Herd (or HURD)
Society advances owing to people who think differently and promote positive change, not corporate shills
They Try to Replace the Creators of GNU/Linux and Hijack Their Word, Work, and Reputation
gnu.org is down at the moment; now I'm told it's back but very slow. DDoS?
Thiemo Seufer & Debian deaths: examining accidents and suicides
Reprinted with permission from disguised.work
Links 05/05/2024: Political Cyberattacks From Russia and Google Getting a Lot Worse
Links for the day
Gemini Links 05/05/2024: Infobesity and Profectus Beta 1.0
Links for the day
Running This Site Mostly a Joyful Activity
The real problem or the thing that we need to cancel is this "Cancel Culture"
Australia Has Finally Joined the "4% Club" (ChromeOS+GNU/Linux)
statCounter stats
Debian as a Hazardous Workplace Where No Accountability Exists (Nor Salaries)
systematic exploitation of skilled developers by free 'riders' (or freeloaders) like Google, IBM, and Microsoft
Clownflare Isn't Free and Its CEO Openly Boasted They'd Start Charging Everyone to Offset the Considerable Losses (It's a Trap, It's Just Bait)
Clownflare has collapsed
Apple Delivered Very Disappointing Results, Said It Would Buy Its Own Shares (Nobody Will Check This), Company's Debt Now Exceeds Its Monetary Assets
US debt is now 99.98 trillion dollars
FSFE Still Boasts About Working Underage People for No Pay
without even paying them
IRC Proceedings: Saturday, May 04, 2024
IRC logs for Saturday, May 04, 2024
Over at Tux Machines...
GNU/Linux news for the past day
The Persecution of Richard Stallman
WebM version of a new video
Molly de Blanc has been terminated, Magdalen Berns' knockout punch and the Wizard of Oz
Reprinted with permission from disguised.work
[Meme] IBM's Idea of Sharing (to IBM)
the so-called founder of IBM worshiped and saluted Adolf Hitler himself
Neil McGovern & Debian: GNOME and Mollygate
Reprinted with permission from disguised.work