Bonum Certa Men Certa

Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

The rush to promote software patents completely overlooks the fact that courts keep rejecting them

Coons bribed



Summary: Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents

Funded by patent litigation firms, the glorified bill which patent maximalists promoted last week is already a thing of the past. Just like last year and the year prior to that. It's like an annual ritual and this time it's marketed as "bipartisan" because there are two (a couple) politicians from 'opposing' corporate parties behind it; they're not from oppositing sectors/interests, just a different letter on their lapel (the D/R duopoly). They're buying laws (but will fail, yet again, as before) by stacking panels and putting together a show.



"They're buying laws (but will fail, yet again, as before) by stacking panels and putting together a show."Judging by reactions in patent maximalists' blogs, we can more or less tell that expectations are low. They give it a shot, but even they realise that those Senate hearings were stacked. In "Two Observations on Last Week’s Senate Hearings on Patent Eligibility Reform" Gene Quinn (Watchtroll) has just said that the status quo is a "disaster". He's right. A disaster to patent trolls and parasitic law firms like his...

What they cannot deny, however, is that firms that actually produce things like the status quo a lot better and fully support AIA.

Senate members (other than Coons and his sidekick) can just look who's promoting the Coons coup (bill): literally the lobby groups of patent trolls and the politicians funded by their law firms. It's a form of corruption or bribery, but they prefer calling that "campaign contributions". Of course Michael Rosen of the American Enterprise Institute (a front group for extremists like Trump and platform for patent trolls) has just backed this Coons coup -- a coup against the Patent Trial and Appeal Board (PTAB) and 35 U.S.C. ۤ 101. Seeing that inter partes reviews (IPRs) invalidate a lot of software parents, they just had to say something. Rosen had done this for years, typically citing the Koch 'scholars'. Bought, paid-for bills won't go very far. Who took the bill (invoice)? Follow the money of Coons. He has just hit the lobbyists' media and tweets that cite Coons are patent maximalists'. He's also boosted and amplified by patent trolls' front groups such as IAM (e.g. here and here). Not a single productive company is supporting this. As the CCIA put it in a tweet a few days ago: "The guy *whose patents were invalidated in Alice* thinks this is a bad, overbroad bill."

"...European Patents have got one heck of a crisis; the courts keep rejecting them again and again."The U.S. Patent and Trademark Office (USPTO) is already attempting to water down or ignore 35 U.S.C. ۤ 101; that would have no impact on courts however. There are a couple new cases (in our daily links) wherein Federal Circuit judges throw out software patents. Nothing has changed!

Over here in Europe nothing is changing either, not at the courts anyway. Sure, there are software patents in Europe (wrongly granted by the EPO), but they won't withstand judges' scrutiny. Yesterday the EPO wrote:

Nearly 18 000 patent applications relating to self-driving vehicle technologies have been filed with the EPO in the last decade, almost 4 000 of them in 2017 alone. More interesting findings on #patents and self-driving vehicles here: http://bit.ly/SDVstudy #SelfDriving


"Many of these (not all) are fake patents and bogus patent applications that should be rejected as software patents," I responded, "but EPO will grant them anyway..."

As we shall show in our next post, European Patents have got one heck of a crisis; the courts keep rejecting them again and again. This mirrors much of what we see in the US (more so over the past few years).

On the subject of self-driving vehicles, mind this new article that says:

The need to promote innovation through open source software (OSS) and a desire to protect patent rights may be contradictory interests for businesses investing in artificial intelligence (AI) and autonomous driving


They interject the "AI" nonsense into it; those are software patents. Earlier this week an Israeli law firm and some other law firm showed that Israel (IPLO) may be trying to allow software patents under the guise of "HEY HI!" (AI) -- the same kind of patents that the EPO elevated to Inventor Award "finalist" (an Israeli company which uses the term "AI", as per the EPO). From the article: "It seems clear that, at this point, AI implemented inventions will be reviewed by the IPLO under the same rubric as software or computer-implemented inventions.."

Notice the use of the term "computer-implemented inventions" (CII) and "AI". The EPO helped popularise these lies. Some of these recent patents are on fictional/theoretical things. They're designed mostly for hype and marketing -- the idea that these cars are "safe" because of some patents and "HEY HI!"

Recent Techrights' Posts

GNU/Linux in Kyrgyzstan: From 0.5% to 5% in Eight Years
the country is almost the size of the UK
Microsoft-Connected Sites Trying to Shift Attention Away From Microsoft's Megabreach Only Days Before Important If Not Unprecedented Grilling by the US Government?
Why does the mainstream media not entertain the possibility a lot of these talking points are directed out of Redmond?
[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
Microsoft ("a Dying Megacorporation that Does Not Create") and IBM: An Era of Dying Giants With Leadership Deficits and Corporate Bailouts (Subsidies From Taxpayers)
Microsoft seems to be resorting to lots of bribes and chasing of bailouts (i.e. money from taxpayers worldwide)
 
Site Archives (Not WordPress)
We've finally finished the work
[Meme] The EPO Delusion
on New Ways of Working
EPO Representatives Outline Latest Attacks on Staff
Not much has happened recently in terms of industrial action
Links 18/05/2024: Revisiting the Harms of Patent Trolls, Google Tries to Bypass (or Plagiarise) Sites Under the Guise of "AI"
Links for the day
Links 18/05/2024: BASIC Story, Site Feeds, and New in Geminispace
Links for the day
Justice for Victims of Online Abuse
The claims asserted or pushed forth by the harasser are categorically denied
[Meme] Senior Software Engineer for Windows
This is becoming like another Novell
Links 18/05/2024: Deterioration of the Net, North Korean IT Workers in the US
Links for the day
Windows in Lebanon: Down to 12%?
latest from statCounter
Links 18/05/2024: Caledonia Emergency Powers, "UK Prosecutor's Office Went Too Far in the Assange Case"
Links for the day
US Patent and Trademark Office Sends Out a Warning to People Who Do Not Use Microsoft's Proprietary Formats
They're punishing people who wish to use open formats
Links 18/05/2024: Fury in Microsoft Over Studio Shutdowns, More Gaming Layoffs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 17, 2024
IRC logs for Friday, May 17, 2024
Links 18/05/2024: KOReader, Benben v0.5.0 Progress Update, and More
Links for the day
[Meme] UEFI 'Secure' Boot Boiling Frog
UEFI 'Secure' Boot: You can just ignore it. You can just turn it off. You can hack on it as a workaround. Just use Windows dammit!
The Market Wants to Delete Windows and Install GNU/Linux, UEFI 'Secure' Boot Must Go!
To be very clear, this has nothing to do with security and those who insist that it is have absolutely no credentials
In the United States Of America the Estimated Share of Google Search Grew After Microsoft's Chatbot Hype (Which Coincided With Mass Layoffs at Bing)
Microsoft's chatbot hype started in late 2022
Techrights Will Categorically Object to Any Attempts to Deny Its Right to Publish Informative, Factual Material
we'll continue to publish about 20 pages per day while challenging censorship attempts
Links 17/05/2024: Microsoft Masks Layoffs With Return-to-office (RTO) Mandates, More YouTube Censorship
Links for the day
YouTube Progresses to the Next Level
YouTube is a ticking time bomb
Journalists and Human Rights Groups Back Julian Assange Ahead of Monday's Likely Very Final Decision
From the past 24 hours...
[Meme] George Washington and the Bill of Rights
Centuries have passed since the days of George Washington, but the principles are still the same
Daniel Pocock: "I've Gone to Some Lengths to Demonstrate How Corporate Bad Actors Have Used Amateur-hour Codes of Conduct to Push Volunteers Into Modern Slavery"
"As David explains, the Codes of Conduct should work the other way around to regulate the poor behavior of corporations who have been far too close to the Debian Suicide Cluster."
Video of Richard Stallman's Talk From Four Weeks Ago
2-hour video of Richard Stallman speaking less than a month ago
statCounter Says Twitter/X Share in Russia Fell From 23% to 2.3% in 3 Years
it seems like YouTube gained a lot
Journalist Who Won Awards for His Coverage of the Julian Assange Ordeals Excluded and Denied Access to Final Hearing
One can speculate about the true reason/s
Richard Stallman's Talk, Scheduled for Two Days Ago, Was Not Canceled But Really Delayed
American in Paris
3 More Weeks for Daniel Pocock's Campaign to Win a Seat in European Parliament Elections
Friday 3 weeks from now is polling day
Microsoft Should Have Been Fined and Sanctioned Over UEFI 'Lockout' (Locking GNU/Linux Out of New PCs)
Why did that not happen?
Gemini Links 16/05/2024: Microsoft Masks Layoffs With Return-to-office (RTO) Mandates, Cash Issues
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 16, 2024
IRC logs for Thursday, May 16, 2024
Ex-Red Hat CEO Paul Cormier Did Not Retire, He Just Left IBM/Red Hat a Month Ago (Ahead of Layoff Speculations)
Rather than retire he took a similar position at another company
Linux.com Made Its First 'Article' in Over and Month, It Was 10 Words in Total, and It's Not About Linux
play some 'webapp' and maybe get some digital 'certificate' for a meme like 'clown computing'
[Meme] Never Appease the Occupiers
Freedom requires truth. Free speech emancipates.
Thorny Issues, Violent Response
They say protests (or strikes) that do not disrupt anything are simply not effective. The same can be said about reporting.
GNU/Linux in Malaysia: From 0.2 Percent to 6+ Percent
That's like 30-fold increase in relative share
Liberty in Liberia? Windows Falls Below 10% and Below iOS
This is clearly a problem for Microsoft
Techrights Congratulates Raspberry Pi (With Caution and Reservations)
Raspberry Pi will "make or break" based on the decisions made in its boardroom
OSI Makes a Killing for Bill Gates and Microsoft (Plagiarism and GPL Violations Whitewashed and Openwashed)
meme and more
The FSF Ought to Protest Against UEFI 'Secure Boot' (Like It Used To)
libreplanet-discuss stuff
People Who Defend Richard Stallman's Right to Deliver Talks About His Work Are Subjected to Online Abuse and Censorship
Stallman video removed
GNU/Linux Grows in Denmark, But Much of That is ChromeOS, Which Means No Freedom
Google never designs operating systems with freedom in mind
Links 16/05/2024: Vehicles Lasting Fewer Years, Habitat Fragmentation Concerns
Links for the day
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
The Only Thing the So-called 'Hey Hi Revolution' Gave Microsoft is More Debt
Microsoft bailouts
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
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
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