Bonum Certa Men Certa

Hope at the End of the Tunnel as More Software Patents Are Squashed in the US

Where there's light there may be justice (unlike at the USPTO, where profit trumps justice)

Hope at the End



Summary: A roundup of patent news regarding software in particular, with concerns about quality control both at the USPTO and the EPO

BEGRUDGINGLY but inevitably the USPTO will need to realign as per the SCOTUS' rulings and stop issuing abstract patents on software methods. This is definitely going to upset a lot of patent lawyers, but it's not them who set the rules (they're not objective as they have their own motivations, usually just money, not science). Gene Quinn has just gone bonkers again. He wants examiners in patent offices to be replaced (almost) by just a filing system and based on today's IAM-hosted words of 'wisdom', the EPO may be sinking to Turkish patent standards, or looking for middle ground where there's a "post-grant opposition system" (grant first, ask questions or sort out the mess later).



"What we have in common here is declining quality control at patent offices."Based on this new article by Jakob Pade Frederiksen at MIP, the EPO's "Appeal Board condemns examination delay" (that's the headline). How about more than 12 years? Consider the following paragraph: "While the recently released EPO performance statistics for 2015 show an increase in the number of grants compared to the previous year and a decrease of backlog of searches by two thirds, delay in examination of pending cases is still of concern to some. A recent appeal decision rendered in the field of computer implemented inventions reveals that excessive examination delays do not amuse the Boards of Appeal. More specifically, in decision T 823/11 rendered in December 2015, Board 3.5.07 has ruled that duration of examination proceedings of more than 12 years must be regarded as excessive and amounts to a substantial procedural violation."

What we have in common here is declining quality control at patent offices. It's all about the money! And whose? But at the same time the courts compel the offices to admit their errors. Let's look at some recent court cases. 2 days ago we mentioned Sequenom, which we had also mentioned last year and in 2014. Sequenom, based on this new report ("Sequenom Asks the Supreme Court to Clarify the Limits on Section 101"), is freaking out after SCOTUS eliminated many abstract patents. Based on this patent lawyer, on the other hand, "US Pat 8,180,858, Survived 101/Alice Attack in Delaware" (words like "Survive" and "Attack" make it sounds like "Alice" is a ruthless warrior rather than SCOTUS fixing patent law). "Prior Stats Were 8/10 Alice Kills," notes the same patent lawyer, still associating software patents that got invalidated (because they're bogus) with death. To quote the thing in full: "J. robinson of Dist. Ct. of Delaware Rejected 101/Alice Arguments in 4 decisions issued in past week; Prior Stats Were 8/10 Alice Kills" (meaning, the large majority of them are invalided by Alice when properly challenged in a court of law). One software patent can do a lot of damage in the United States; that is what I told this lawyer regarding this tweet ("US Pat 6,928,433, Apple Paid $100M for Infringing; Asserted Against 7 Others") as it reminded me of other such Apple cases (the patent owner/assignee is Canadian in this case, just like i4i). All in all, wrote this lawyer, "11% of Patent Reexams Appealed to Beijing IP Ct. Were Reversed; 11% of PTAB Decisions Appealed to Fed. Cir. Have Been Reversed." We actually consider this patent lawyer to be a "good guy" because he is quite honest and looks at the breadth of things, unlike people who read or write IAM 'magazine'.

"The USPTO wants no legal challenges because hey, who needs quality control anyway?"In other news of interest, the Court of Appeals for the Federal Circuit (CAFC) has just demolished a gaming patent based on the aforementioned criterion. To quote a lawyers' site: "Under 35 U.S.C. €§ 101, patent-eligible subject matter is defined as any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, with the caveat that laws of nature, natural phenomena, and abstract ideas are not patent eligible. The purpose of the exceptions is to prevent patents from preventing access to “the basic tools of scientific and technological work.” The examiner rejected the claims as directed to patent-ineligible subject matter under 35 USC €§ 101, taking the position that the claims were directed to an abstract idea as the claims attempted “to claim a new set of rules for playing a card game.”"

On the other hand, or by contrast, "Computer Modeling Breast Prosthesis Survives 12(b)(6) ۤ 101 Challenge," said another site, also one that's in the patent maximalism fold. Speaking of this fold, Lexology has just reposted two articles that we mentioned here some days ago [1, 2]. They amplify the patent maximalists' messages (usually patent attorneys). Patently-O has been relatively quiet over Easter, but yesterday we found this update about the USPTO, where patent maximalism is embedded because of profit motives. To quote Patently-O: "The U.S. Government has also filed its responsive merits brief. The brief appears to be a joint effort of the Solicitor General (DOJ) and the USPTO and does a solid job of justifying its positions [...] The PTO is looking for a strong decision in this case to effectively shut-down the myriad challenges it is currently facing."

"They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it."The USPTO wants no legal challenges because hey, who needs quality control anyway? A lot patent lawyers (or their clients) just want it the easy way; they want to bombard the system with patents (not applications) and not ever face rejection. Wild West. Now there's a whole new software 'industry' dedicated to fooling patent examiners into accepting bogus applications. That's just another arms race and the potential gains are big (at someone else's expense). To give this new example from MIP: "A jury in the Northern District of California has ordered Gilead Sciences to pay $200 million in damages for infringing Merck and Ionis Pharmaceuticals patents for compounds and methods used to develop medicines for the treatment of hepatitis C, including Sovaldi and Harvoni."

So a massive company, Merck, will get to keep its prices artificially high while destroying a smaller company and taking away its money. They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it. So much for 'innovation'.

Remember what patent offices were conceived and created for. Have we not lost sight of that?

Recent Techrights' Posts

[Video] Microsoft's Attack on Education
Microsoft's cult-like activities and overt entryism
Microsoft Windows Used to Have Nearly 100% in China and Now Google Has 50% (With Android)
Will China bring about a faster "fall" for Microsoft?
GNU/Linux Growing Worldwide (the Story So Far!)
Microsoft is unable to stop GNU/Linux
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
 
Nigeria: Windows Down to 6%, Android at All-Time High of 77%
Google is becoming the "new monopoly" in some places
[Meme] Money In, No Money Out (Granting Loads of Invalid European Patents)
EPO production?
Staff Representation at the EPO Has Just Explained to Heads of Delegations (National Delegates) Why the EPO's Financial Study is Another Hoax
Here we are again 5 years later
Canonical and Red Hat Are Not Competing With Microsoft Anymore
What a shame they hired so many people from Microsoft...
Links 21/05/2024: "Hating Apple Goes Mainstream", Lots of Coverage About Julian Assange Ruling
Links for the day
Gemini Links 21/05/2024: Losing Fats and Modern XMPP
Links for the day
Pursuing a Case With No Prospects (Because It's "Funny")
the perpetrators are taking a firm that's considered notorious
GNU/Linux in Honduras: From 0.28% to 6%
Honduras remains somewhat of a hotspot
Good News From Manchester and London, Plus High Productivity in Techrights
what has happened and what's coming
[Video] The 'Linux' Foundation Cannot be Repaired Anymore (It Sold Out)
We might need to accept that the Linux Foundation lost its way
Links 21/05/2024: Tesla Layoffs and Further Free Speech Perils Online
Links for the day
Gemini Links 21/05/2024: New Gemini Reader and Gemini Games
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 20, 2024
IRC logs for Monday, May 20, 2024
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
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?
The WWW declares the end of Google
Reprinted with permission from Cyber|Show
Gemini Links 20/05/2024: CMSs and Lua "Post to midnight.pub" Script Alternative
Links for the day
Windows Has Fallen Below 5% in Iraq, GNU/Linux Surged Beyond 7% Based on statCounter's Stats
Must be something going on!
Brodie Robertson - Never Criticise The Linux Foundation Expenses (With Transcript)
Transcript included
Links 20/05/2024: Protests and Aggression by Beijing
Links for the day
Can an election campaign succeed without social media accounts?
Reprinted with permission from Daniel Pocock
Read "Google Is Not What It Seems" by Julian Assange
In this extract from his new book When Google Met Wikileaks, WikiLeaks' publisher Julian Assange describes the special relationship between Google, Hillary Clinton and the State Department -- and what that means for the future of the internet
Fact check: relation to Julian Assange, founded Wikileaks at University of Melbourne and Arjen Kamphuis
Reprinted with permission from Daniel Pocock
Julian Assange: Factual Timeline From an Online Friend
a friend's account
Breaking News: Assange Wins Right to Challenge Extradition to the US
This is great news, but maybe the full legal text will reveal some caveat
Gambia: Windows Down to 5% Overall, 50% on Desktops/Laptops
Windows was measured at 94% in 2015
Links 20/05/2024: Microsoft Layoffs and Shutdowns, RTO as Silent Layoffs
Links for the day
The Issue With Junk Traffic in Geminispace (Gemini Protocol)
Some people have openly complained that their capsule was getting hammered by bot
Peter Eckersley, Laura Smyth & the rushed closure of dial-up Internet in Australian universities
Reprinted with permission from Daniel Pocock
Brittany Day, Plagiarist in Chief (Chatbot Slinger)
3 articles in the front page of LXer.com right now are chatbot spew
Guardian Digital, Inc (linuxsecurity.com) Has Resorted to Plagiarism by Chatbots, Flooding the World Wide Web With Fake 'Articles' Wrongly Attributed to Brittany Day
busted
[Meme] Bullying the Victims
IBM: crybully of the year 2024
Ian.Community Should be Safer From Trademark Censorship
We wish to discuss this matter very quickly
Microsoft and Its Vicious Attack Dogs (Attacking Women or Wives in Particular)
Sad, pathetic, destructive people
Upcoming Series About the Campaign to 'Disappear' the Father of GNU/Linux
Today we have Julian Assange's fate to focus on
A Month From Now Gemini Protocol Turns 5
June 20
Colombia: From Less Than 0.5% to Nearly 4% for GNU/Linux
it's not limited to this one country
Rumour: Well Overdue Red Hat Layoffs to be Announced in About 3 Days
we know they've planned the layoffs for a while
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 19, 2024
IRC logs for Sunday, May 19, 2024
Gemini Links 20/05/2024: Updated Noto Fontpacks and gemfeed2atom
Links for the day
GNU/Linux in Georgia: Looking Good
Windows down from 99% to less than 33%
Tomorrow is a Historic Day for Press Freedom in the UK
Take note of the Julian Assange case
Hiding in a Forest Without a Phone and Hiding Behind the First Amendment in the United States (US)
some serial defamer is trying to invert the narrative
Links 19/05/2024: Iran's President Lost in Helicopter Crash, WikiLeaks’ Julian Assange Awaits Decisions in Less Than a Day
Links for the day
Links 19/05/2024: Microsoft Investigated in Europe
Links for the day
4 Old Articles About Microsoft/IBM SystemD
old but still relevant
Firefox Has Fallen to 2% in New Zealand
At around 2%, at least in the US (2% or below this threshold), there's no longer an obligation to test sites for any Gecko-based browser
Winning Streak
Free software prevalence
Links 19/05/2024: Conflicts, The Press, and Spotify Lawsuit
Links for the day
GNU/Linux+ChromeOS at Over 7% in New Zealand
It's also the home of several prominent GNU/Linux advocates
libera.chat (Libera Chat) Turns 3 Today
Freenode in the meantime continues to disintegrate
[Teaser] Freenode NDA Expires in a Few Weeks (What Really Happened 3 Years Ago)
get ready
GNU/Linux is Already Mainstream, But Microsoft is Still Trying to Sabotage That With Illegal Activities and Malicious Campaigns of Lies
To help GNU/Linux grow we'll need to tackle tough issues and recognise Microsoft is a vicious obstacle
Slovenia's Adoption of GNU/Linux in 2024
Whatever the factor/s may be, if these figures are true, then it's something to keep an eye on in the future
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 18, 2024
IRC logs for Saturday, May 18, 2024
Links 19/05/2024: Profectus Beta 1.2
Links for the day