Bonum Certa Men Certa

Replacing Patent Sharks/Trolls and the Patent Mafia With 'Icons' Like Thomas Edison

Dolphins and "innovation" not quite what the optimistic vision of patent systems led to

Dolphin



Summary: The popular perceptions of patents and the sobering reality of what patents (more so nowadays) mean to actual inventors who aren't associated with global behemoths such as IBM or Siemens

WHEN I was a lot younger I was told that patents were supposed to make life better. When I won some competitions which the media covered it oddly enough chose to frame that as "our youth is getting us lots of patents" (I still have that newspaper headline preserved). But we hadn't applied for any patents. We had no interest in patents. I was in charge of finances for that particular project, which flew us to Denmark to represent the country. That was a long time ago, almost exactly 20 years ago. Back then I (aged 15-16) knew next to nothing about patents, except by name. I had only done programming for a year or two. I could do electronics (relatively simple circuitry, which our next project revolved around -- a gadget to be attached to doors).



"Back then I (aged 15-16) knew next to nothing about patents, except by name."Anyway, this post isn't about my school days; the point is, a lot of people know next to nothing about patents. My mother still knows next to nothing about them (she thinks they're synonymous with "things" that do clever things), so I've quit trying to explain that to her. It would probably be interesting to give people a 10-question survey in order to understand just what proportion of the population really understands what patents are and how they work.

Yesterday (February 19th) this press release said that Siemens had joined an LTE patent pool. Good for Siemens. They can afford it. They have the money and the patents. But what about those who aren't a multi-billion, multi-national, multi-faceted corporation like Siemens? What about that legendary (or mythical) 'lone wolf', 'small guy', 'independent' inventor? That sort of inventor just looks at these 'pools' as a rich people's club, intended for the most part to guard them from competition. It's like a cartel, to put it quite bluntly...

We'll never forget how Siemens lobbied for software patents in Europe (something which the EPO practices now). We wrote a lot of articles about that at the time...

"It would probably be interesting to give people a 10-question survey in order to understand just what proportion of the population really understands what patents are and how they work."Over the past couple of weeks we've gathered some other stories about patents. Yesterday, for example, someone glorified Edison again. He said: "February 19, 1878 – Thomas Edison received a US patent (No. 200521) for the phonograph. Edison created many inventions, but his favorite was the phonograph. While working on improvements to telegraph and telephone, Edison found a way to record sound on tinfoil-coated cylinders."

"It's wrong to say "created many inventions"," I told him. "You mean he saw what poor inventors did, then applied for patents on these, eventually suing people like a patent troll over things he did not even invent?"

That negative legacy of Edison is rarely spoken about in the mainstream. They want to keep the legend alive. Victors write history.

Days prior to this someone wrote about "When Patent Royalties Are Not Capital Gains" -- a concept that was explained as follows: "A key factor in the Court’s analysis was that Cooper retained the right to terminate the transfer at will. Cooper exercised this right for some of the transferred patents. TLC had returned certain patents to Cooper for no consideration, even though the patents had commercial value. The Court therefore affirmed the Tax Court’s determination that the patent royalties were not entitled to capital gains treatment."

"That negative legacy of Edison is rarely spoken about in the mainstream. They want to keep the legend alive."We often see misleading claims about "R&D" and other things that tend to be associated with patents. In reality, so-called 'royalties' tend to flow into shareholders' pockets, not invested in "R&D" (in any shape or form). Spot the overuse of their gross euphemisms (especially in the above article from McDermott Will & Emery's Blake Wong). They speak of royalties...

To conflate patents with value of an industry is also quite common a thing; it's pure mythology. Sometimes branding (or brand recognition), too. Sure, it helps to have protectionism and access to market, but that alone does not determine one's value. Here's yet another site of lawyers choosing to prop up the nonsense from the Chamber of Commerce. To quote:

The U.S. Chamber of Commerce's Global Innovation Policy Center released its 5th annual study that ranks intellectual property systems worldwide. In the Chamber of Commerce's latest study, the U.S. patent system has dropped to 13th in the world, well behind such diverse countries as Singapore, France, Ireland, Japan, South Korea, Spain, Sweden, Switzerland, and Italy. See "U.S. Chamber International IP Index" ("2018 Report") at p. 35 (Category 1: Patents, Related Rights, and Limitations). The U.S. Chamber International IP Index uses 40 discrete indicators covering policy, law, regulation, and enforcement. The Chamber's stated goal: to determine whether "a given economy's intellectual property system provide[s] a reliable basis for investment in the innovation and creativity lifecycle." 2018 Report at p. 1.


What makes this nonsensical is the assumption that the more patents (or patent lawsuits) a nation has, the more investment it will attract. In reality, lawsuits rather than innovation thrive in such nations and this can actively discourage investment, development etc. How many companies would wish to base a new office in the Eastern District of Texas for instance? Unless they're patent trolls or law firms... to merely have operations in there means to be subjected to ruinous lawsuits, even after TC Heartland.

And on we move to a docket report from CACD, dated a week ago. To quote the outline:

The court granted plaintiff's motion for monetary sanctions against defendant and its counsel following plaintiff's successful motion to compel further contention interrogatory responses because defendant's behavior was not substantially justified.


Oh, good, "monetary sanctions"... and how exactly does that help anyone?

Here's another very recent docket report. This one is about 'royalties' (euphemism with the Crown connotation):

The court granted defendant's motion to exclude the testimony of plaintiff's damages expert regarding reasonable royalties for three patents because his application of the Rubinstein bargaining model was unreliable.


They're debating how much money will be passed from one company to another. Spot the overuse of their gross euphemisms again. It's as if the whole thing is justified using some royal decrees and laws of the land.

Here's one more docket report. "The court denied plaintiff's motion for attorney fees under 35 U.S.C. ۤ 285 for defendant's unsuccessful motion for summary judgment under the on-sale bar," it said. When the patent aggressor not only taunts a potentially innocent party but also demands lawyers' fees be paid (for the aggressor). What has this system turned into?

"It's as if the whole thing is justified using some royal decrees and laws of the land."We don't know the pertinent details of ۤ 285 (created in part by lobbyists), but here's something about ۤ 257. It says that "a patent owner may file a request for supplemental examination asking the USPTO to consider, reconsider, or correct information..."

As if patents aren't even an immutable thing. We wrote about this before. Are patents like a wiki now (something you can just edit as you go along)? To quote the whole paragraph:

According to 35 U.S.C. ۤ 257, a patent owner may file a request for supplemental examination asking the USPTO to consider, reconsider, or correct information in a patent or its file history. Within three months, the director will determine whether the information presented in the request raises a substantial new question of patentability. If so, the examiner will order ex parte re-examination in view of the submitted evidence, during which the patent owner can argue for patentability of the claimed invention and/or amend the issued claims. Importantly, anything considered by the USPTO in the request for supplemental examination or the ensuing ex parte re-examination is, by statute, barred as the basis for a later finding of inequitable conduct.


"Today, most patents are awarded some patent term adjustment, but the numbers continue to drop," Patently-O wrote some days ago.

"Remember what EPO actually came from. It was a repository of information rather than a proper patent office."Yes, well, maybe all these "adjustments" sort of defeat the purpose of a patent system as we know it. Some EPO insiders have long told us that. They too recognise that a sort of wiki of information might be of better service in the days/era of the Internet. Remember what EPO actually came from. It was a repository of information rather than a proper patent office.

Recent Techrights' Posts

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] 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
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 21, 2024
IRC logs for Tuesday, May 21, 2024
Attempts to Sink the Free Software Movement (Under the Guise of Saving It)
We can see who's being drowned
Czech Republic: Windows Down From 98% to 43%, GNU/Linux Rises to Over 3%
modest gains for GNU/Linux
Links 22/05/2024: Pixar Layoffs and More Speculation About Microsoft Shutdowns/Layoffs (Ninja Theory)
Links for the day
Gemini Links 21/05/2024: Caesar II for MS-DOS and Reinventing the Assertion Wheel
Links for the day
Internal Memos/Communications Hinting at "a New, But Masked, Round of Layoffs" at Red Hat
A negative outlook heads of a long weekend
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
Red Hat Loves Microsoft Monopoly (and Proprietary Surveillance With Back Doors)
full posting history in RedHat.com
[Video] Just Let Julian Assange Go Back to Australia
Assange needs to be freed
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