Bonum Certa Men Certa

EFF and TechDirt Continue to Challenge the USPTO (and the Courts) to Improve Patent Quality

Recent: Google Gets Told Off -- Even by the Typically Supportive EFF and TechDirt -- Over Patenting of Software

Indian eagle
Hitting back against patent hawks and eagles/vultures (those looking to prey on someone)



Summary: US-based sites/groups which are technology-leaning rather than lawyers- or litigation-leaning advise the world's most powerful patent office and the corresponding courts to consider what's truly unpatentable and decide accordingly

THE USPTO has been pressured to improve patent quality; one way to achieve this is to highlight obviously bad (and embarrassing) patent grants/awards. How about European Patents on literally fraudulent things (part of elaborate scams) and special awards for such people?



We recently wrote about a "Stupid European Patent" (EP) and we welcome pointers from readers (pointers to other ridiculous European Patents). In the meantime see "Stupid Patent Of The Month: A Newspaper On A Screen" by Alex Moss (EFF). This was published by TechDirt days after the original had been published in the EFF's site to say:

One of the oldest challenges in journalism is deciding what goes on the front page. How big should the headline be? What articles merit front-page placement? When addressing these questions, publishers deal with a physical limit in the size of the page. Digital publishing faces a similar constraint: the storage capacity of the user’s device. You can only put as much content on the device as will fit. If that sounds like a fundamental to you, and unpatentable, idea, we agree. Unfortunately, the Patent Office does not. They recently decided to issue our latest Stupid Patent of the Month: U.S. No. 10,042,822, titled “Device, Method, and System for Displaying Pages of a Digital Edition by Efficient Download of Assets.”

The ’822 patent adds nothing remotely inventive or technological to the basic idea of providing a portion of a periodical—i.e., a newspaper—based on the amount of space available. The patent owner, Nuglif, makes an application for distributing news and media content.

Even a cursory glance at the patent reveals the limits of its technological reach. It explains: “The present invention is concerned with a processor-implemented method for displaying a digital edition readable by a dedicated software application running on a data processing device having a display screen, even though the digital edition is not completely downloaded on the data processing device.” The specification is typically elusive as to what that invention actually is, instead repeating the boilerplate phrase beloved by patent applicants, that “the description set forth herein is merely exemplary to the present invention and is not intended to limit the scope of protection.”

For the limits of the patent, we look to its claims, which define the applicant’s legal rights instead of describing the operation of the “invention” to which the claims supposedly correspond. The patent has only one independent claim, which includes steps of (a) receiving a pre-generated file linking to at least some content from current and upcoming digital editions, (b) requesting the linked-content for display, and (c) determining how much content from the upcoming edition to download based on publication date and device capacity.


Here is Mike Masnick's take on the recently-mentioned EFF and R Street amicus brief (about SCOTUS and the Federal Circuit's decision). From TechDirt:

In order for something to be patentable subject matter, it has to meet a few criteria, listed out in the Patent Act. It needs to be a "useful process, machine, manufacture, or composition of matter" and it needs to be "non-obvious" to someone "having ordinary skill in the art." But, perhaps most importantly it needs to be a new invention. You can't patent something someone else already invented. That's why prior art is so important.

Already, the US Patent Office is notoriously bad at finding prior art, which has been a big complaint here at Techdirt for over a decade. Part of this is that they limit what they'll even look at as prior art, unless information is put directly in front of their faces by those trying to invalidate bad patents. Generally, most of the prior art that patent examiners look at consisted of... earlier patents and scientific journals. And that's not nearly enough for a whole variety of reasons. But, now the Federal Circuit has suggested that even earlier patent applications may not really count as prior art.

EFF and R Street teamed up to file an amicus brief with the Supreme Court asking it to reverse the Federal Circuit (something the court has done over and over and over and over and over again in the last dozen or so years).


We've always appreciated the EFF's campaigns regarding patents at the US Patent Office, sometimes more than on other occasions (there was a time when the EFF's strategy was a lot poorer). Nowadays they openly speak about software patents; they speak out against these.

Recent Techrights' Posts

The Only Thing the So-called 'Hey Hi Revolution' Gave Microsoft is More Debt
Microsoft bailouts
FUD Alert: 2024 is Not 2011 and Ebury is Not "Linux"
We've seen Microsofers (actual Microsoft employees) putting in a lot of effort to shift the heat to Linux
[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
 
GNU/Linux Reaches 6.5% in Canada (Including ChromeOS), Based on statCounter
Not many news sites are left to cover this, let alone advocate for GNU/Linux
Links 16/05/2024: Orangutans as Political Props, VMware Calls Proprietary 'Free'
Links for the day
TechTarget (and Computer Weekly et al): We Target 'Audiences' to Sell Your Products (Using Fake Articles and Surveillance)
It is a deeply rogue industry that's killing legitimate journalism by drowning out the signal (real journalism) with sponsored fodder
Links 15/05/2024: XBox Trouble, Slovakia PM Shot 5 Times
Links for the day
Windows in Times of Conflict
In pictures
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 15, 2024
IRC logs for Wednesday, May 15, 2024
Gemini Links 15/05/2024: 50 Years of Text Games
Links for the day
Ebury is Not "Linux", That's Just the Media Shifting Attention (Microsoft in the Hot Seat for Total Breach Right Now)
Seems like it may be a Trojan
Links 15/05/2024: Growing Tensions Between East and West, Anticlimax in Chatbot Space
Links for the day
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
[Video] LinuxFest Northwest is Letting GAFAM Take Over (and Why It's Hard to Resist)
Microsoft and LinuxFest Northwest
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)