[News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM - Linux

This is a discussion on [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM - Linux ; -----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 European Patent Agents Go On Strike To Complain About Pressure To Approve Bad Patents ,----[ Quote ] | One of the causes of so many bad patents getting approved lately is screwed | up ...

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  1. [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

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    European Patent Agents Go On Strike To Complain About Pressure To Approve Bad
    Patents

    ,----[ Quote ]
    | One of the causes of so many bad patents getting approved lately is screwed
    | up incentives in the patent system. For a while, the US had a de facto system
    | where agents were pushed to approve a patent when in doubt. That's because
    | they were judged on how many patents they went through -- and if they
    | rejected a patent, the applicant could complain and ask for a review --
    | meaning that the examiner would have to spend more time reviewing that same
    | patent again, decreasing the number of patents they had gotten through,
    | potentially harming their "stats." Thus, it's often easier to just "approve."
    | And, of course, the Patent Office itself is usually fine with this, because
    | that means more patent applications and more fees.
    `----

    http://techdirt.com/articles/20080923/1804402351.shtml

    Where is the evidence to support EPO examiner union's claims?

    ,----[ Quote ]
    | SUEPO needs to be completely transparent about its motivation, otherwise
    | there will be a suspicion that patent quality is just being used as a tool to
    | attract headlines. That, of course, is a very dangerous game. It can help to
    | reinforce the claims that the patent system is not working. If you don’t
    | believe me, just look at the enthusiastic coverage the strikes are receiving
    | on anti-software patent websites.
    |
    | So, to sum up: SUEPO and Ms Jacobs might be right. But we will not know until
    | they stop sloganeering and start to provide some proof. Until they do, I am
    | going to continue to be critical of their actions.
    `----

    http://www.iam-magazine.com/blog/Det...f-431db4f17c90

    Software Patent Links for 2008-09-20

    ,----[ Quote ]
    | In particular, they identify software and business methods as an issue, and
    | state that large companies are using the patent system to build thickets that
    | effectively keep competitors out of markets. Jeff Wild states, “The report
    | may be specific to one country, but there is a lot in it that decision makers
    | in other parts of the world could find attractive and persuasive. All patent
    | owners should think through the implications of that very carefully.” (tags:
    | Software Patents)
    `----

    http://www.waltmire.com/blog/archive...ks-2008-09-20/


    Recent:

    Greens urge end to software patents

    ,----[ Quote ]
    | Ms Turei, who called for greater use of open source and locally developed
    | software, says excluding software from patents would ensure others could
    | develop ideas. Software would still be protected against piracy by copyright
    | law.
    |
    | The party has promised to investigate "the setup of free municipally owned
    | wireless networks". Ms Turei says the cost needs to be researched, but the
    | Government would "almost certainly" need to supply funding.
    |
    | Ms Turei says wider adoption of open source software would reduce costs and
    | lead to investment in local IT businesses, which tend to lose out to dominant
    | software companies such as Microsoft.
    |
    | "Monopolies have been allowed to form, stifling competition, consumer choice,
    | and indigenous growth of the software industry in Aotearoa/New Zealand."
    `----

    http://www.stuff.co.nz/stuff/4668175a28.html


    Just say no to software patents

    ,----[ Quote ]
    | Why are software patents so odious? It has nothing to do with the patent
    | system itself. The patent system is a generally good system whose benefits
    | typically outweigh any problems that it creates. The problem with software
    | patents comes from a failure on the part of people who are outside of the
    | realm of software development to realize that software design and sales do
    | not operate according to the same rules as other products. Software, if
    | anything, is the quintessential exception to the patent system for products
    | because the relationship that software has to hardware and between buyer and
    | seller does not exist in pharmaceuticals and other patent-dependent
    | industries.
    |
    | Software development rarely sees the labor and capital-intensive research
    | that is done in industries like the pharmaceutical industry
    `----

    http://www.codemonkeyramblings.com/2...are-patent.php


    Open Source Software and Patents: An Uneasy Journey of Discovery and
    Understanding

    ,----[ Quote ]
    | Over the past three months, I've been communicating at length with several
    | leaders in the Open Source Software (OSS) community about how best to license
    | software patents in a way that supports the goal of OSS developers, users,
    | and distributors. I've learned a great deal along the way about the uneasy
    | relationship between OSS and software patents.
    |
    | [...]
    |
    | I believe that by being open, honest and fair with the people in the OS
    | communities, there will be no need for patent infringement litigation since
    | developers and distributors will appreciate my position, realize that we're
    | not "gangs of bandits," and act with integrity for a win-win relationship.
    `----

    http://curinghealthcare.blogspot.com...ts-uneasy.html


    CAFC Judge Regrets Decisions That Resulted In Software Patents

    ,----[ Quote ]
    | As the Court of Appeals for the Federal Circuit (CAFC) is considering the
    | Bilski case, where it may finally push back on software and business model
    | patents, it's interesting to hear one of CAFC's judges admit that he
    | was "troubled by the unintended consequences" of the lawsuits (State Street
    | and AT&T) that resulted in software and business model patents being
    | effectively allowed.
    `----

    http://techdirt.com/articles/20080728/0236131808.shtml


    Patents as property II: Rethinking SW patents?

    ,----[ Quote ]
    | Patents as property was also front and center in the thoughts of one judge on
    | the Court of Appeals for the Federal Circuit, the main appellate court for
    | patent disputes in the US. Senior Judge S. Jay Plager, speaking at a
    | symposium at George Mason University, called for a “rethinking” of several
    | aspects of patent law by returning to its origins in property law.
    |
    | According to the BNA, Plager “called for a renewed focus on setting
    | recognizable patent ownership boundaries and on strengthening the notice
    | function that patents are intended to serve. Such a reevaluation might
    | require a reassessment of whether software and business methods are
    | patentable subject matter, Plager said.
    `----

    http://www.researchoninnovation.org/WordPress/?p=103


    Rethinking patent law

    ,----[ Quote ]
    | Judge Plager writes that as a former law professor who taught property law
    | for twenty-five years, he found our general thesis about analyzing patent law
    | from a property law perspective “quite comfortable.” The book argues that
    | many of the key institutional features and much of the economic performance
    | (and many of the problems) of the patent system can be analyzed by treating
    | patents as a property system. In his speech, Judge Plager suggested that this
    | approach might require rethinking the patentability of software and business
    | methods, doctrines of claim construction, patent scope and the doctrine of
    | equivalents.
    `----

    http://www.researchoninnovation.org/WordPress/?p=104


    FFIP Recommends: Research on Innovation and TIIP

    ,----[ Quote ]
    | The block quote alone is amazing and extremely important due to the subject
    | matter and the authority of US. Senior Judge S. Jay Plager. *This is the type
    | of thing that should be promoted by End Software Patents, rethinking subject
    | matter for software patents and business methods is essential if we are to
    | save the patent system.
    `----

    http://freedomforip.org/2008/07/29/f...tion-and-tiip/


    Judge Plager: Regrets "Unintended Consequences" of State Street

    ,----[ Quote ]
    | [Plager] called for a renewed focus on setting recognizable patent ownership
    | boundaries and on strengthening the notice function that patents are intended
    | to serve. Such a reevaluation might require a reassessment of whether
    | software and business methods are patentable subject matter, Plager said. It
    | might lead to limiting a patent’s scope to what was known at the time of the
    | application filing, and to an abandonment the doctrine of equivalents as a
    | basis for patent infringement liability.
    `----

    http://271patent.blogspot.com/2008/0...nintended.html


    Latha Jishnu: The mouse that bit Microsoft
    PATENTLY ABSURD

    ,----[ Quote ]
    | Here’s what Gates wrote in an office memorandum in 1991. “If people had
    | understood how patents would be granted when most of today’s ideas were
    | invented, and had taken out patents, the industry would be at a complete
    | standstill today. . . I feel certain that some large company will patent some
    | obvious thing related to interface, object orientation, algorithm,
    | application extension or other crucial technique.”
    |
    | This was the year after Microsoft launched Windows 3.0, the first of its new
    | operating systems that would become hugely popular across the world. Yet,
    | three years down the line, Microsoft had changed from a kitten that was
    | content with copyright protection to an aggressive patents tiger. In 1991,
    | Microsoft had filed fewer than 50 patent applications whereas last year it
    | was awarded 1,637 patents, almost a 12 per cent increase in the number of
    | patents it received in 2006. According to IFI Patent Intelligence, the rise
    | in Microsoft’s patents portfolio bucked the general trend in 2007 when the
    | number of patents issued by the US Patents and Trademark Office dipped by 10
    | per cent. Apparently several thousand of the company’s filings are still
    | pending.
    |
    | All this may prompt the reader to conclude that there is indeed a direct
    | correlation between IPR and growth — and wealth — as the company claims. Not
    | true, says Mark H Webbink, a US Supreme Court lawyer who is a recognised
    | voice on IT issues. Charting the company’s revenues, R&D spending and patent
    | filings from 1985 onwards, he shows that the spike in patent filings occurred
    | long after the Microsoft “had become well established and was being
    | investigated for its monopolistic practices”. Webbink contends that patents
    | did not spur the launch and rapid growth of the mass market software
    | industry. On the other hand, patents have become a threat to software
    | innovation, he warns.
    `----

    http://www.business-standard.com/ind...?autono=330566


    Critic of Software Patents Wins Nobel Prize in Economics

    ,----[ Quote ]
    | doom writes "You've probably already heard that the Nobel Prize
    | for Economics was given to three gents who were working on advances
    | in mechanism design theory. What you may not have heard is what one
    | of those recipients was using that theory to study: 'One recent
    | subject of Professor Maskin's wide-ranging research has been on the
    | value of software patents. He determined that software was a market
    | where innovations tended to be sequential, in that they were built
    | closely on the work of predecessors, and innovators could take many
    | different paths to the same goal. In such markets, he said, patents
    | might serve as a wall that inhibited innovation rather than
    | stimulating progress.' Here's one of Maskin's papers on the
    | subject: Sequential Innovation, Patents, limitation (pdf).
    `----

    http://rss.slashdot.org/~r/Slashdot/...743/article.pl
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  2. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System RevoltNoted by IAM

    Roy Schestowitz wrote:
    > | Software development rarely sees the labor and capital-intensive research
    > | that is done in industries like the pharmaceutical industry



    But according to our resident smart-arse Hardon Quick software
    development costs $millions.

  3. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

    On Sat, 04 Oct 2008 19:43:01 +0100, Phil Da Lick! wrote:

    > Roy Schestowitz wrote:
    >>| Software development rarely sees the labor and capital-intensive research
    >>| that is done in industries like the pharmaceutical industry

    >
    >
    > But according to our resident smart-arse Hardon Quick software
    > development costs $millions.


    And it does....

    --
    Moshe Goldfarb
    Collector of soaps from around the globe.
    Please visit The Hall of Linux Idiots:
    http://linuxidiots.blogspot.com/
    Please Visit www.linsux.org

  4. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

    "Moshe Goldfarb." writes:

    > On Sat, 04 Oct 2008 19:43:01 +0100, Phil Da Lick! wrote:
    >
    >> Roy Schestowitz wrote:
    >>>| Software development rarely sees the labor and capital-intensive research
    >>>| that is done in industries like the pharmaceutical industry

    >>
    >>
    >> But according to our resident smart-arse Hardon Quick software
    >> development costs $millions.

    >
    > And it does....


    Surely he is not doubting this? Phil is simply a 'tard of the worst
    order. I think in his COLA persona he has made a mistake and gone "full
    retard" - he wont be winning any "Loon of the year" award at this year
    Schestowitzs(*) thats for sure. Although Liarmutt is hotly tipped for "suck
    up" of the year and Rexx is to get a lifetime achievement award for
    posting ludicrously inaccurate and made up rubbish with an air of
    authority.

    (*) COLA annual prize giving to be held online if they ever get Skype
    with video cam support working.



  5. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

    On Sat, 04 Oct 2008 21:05:29 +0200, Hadron wrote:

    > "Moshe Goldfarb." writes:
    >
    >> On Sat, 04 Oct 2008 19:43:01 +0100, Phil Da Lick! wrote:
    >>
    >>> Roy Schestowitz wrote:
    >>>>| Software development rarely sees the labor and capital-intensive research
    >>>>| that is done in industries like the pharmaceutical industry
    >>>
    >>>
    >>> But according to our resident smart-arse Hardon Quick software
    >>> development costs $millions.

    >>
    >> And it does....

    >
    > Surely he is not doubting this? Phil is simply a 'tard of the worst
    > order. I think in his COLA persona he has made a mistake and gone "full
    > retard" - he wont be winning any "Loon of the year" award at this year
    > Schestowitzs(*) thats for sure. Although Liarmutt is hotly tipped for "suck
    > up" of the year and Rexx is to get a lifetime achievement award for
    > posting ludicrously inaccurate and made up rubbish with an air of
    > authority.
    >
    > (*) COLA annual prize giving to be held online if they ever get Skype
    > with video cam support working.


    The problem is that the Linux loons are comparing their typical basement
    ware with a professional level program.
    --
    Moshe Goldfarb
    Collector of soaps from around the globe.
    Please visit The Hall of Linux Idiots:
    http://linuxidiots.blogspot.com/
    Please Visit www.linsux.org

  6. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

    In article ,
    "Phil Da Lick!" wrote:

    > Roy Schestowitz wrote:
    > > | Software development rarely sees the labor and capital-intensive research
    > > | that is done in industries like the pharmaceutical industry

    >
    >
    > But according to our resident smart-arse Hardon Quick software
    > development costs $millions.


    It often does, if you are paying people to do the development. Five
    people with salary and benefits and overhead, for a couple years, will
    easily hit a million.

    --
    --Tim Smith

  7. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

    Phil Da Lick! wrote:
    > Roy Schestowitz wrote:
    >>> Software development rarely sees the labor and capital-intensive
    >>> research that is done in industries like the pharmaceutical industry

    >
    >
    > But according to our resident smart-arse Hardon Quick software
    > development costs $millions.


    Many $millions, you uninformed lamer.

    A modern video game title costs $10 to $20 million last I heard.

    This site estimated Linux kernel re-development at $612 million
    http://www.dwheeler.com/essays/linux-kernel-cost.html




  8. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

    After takin' a swig o' grog, Tim Smith belched out
    this bit o' wisdom:

    > In article ,
    > "Phil Da Lick!" wrote:
    >
    >> Roy Schestowitz wrote:
    >> > | Software development rarely sees the labor and capital-intensive research
    >> > | that is done in industries like the pharmaceutical industry

    >>
    >> But according to our resident smart-arse Hardon Quick software
    >> development costs $millions.

    >
    > It often does, if you are paying people to do the development. Five
    > people with salary and benefits and overhead, for a couple years, will
    > easily hit a million.


    Labor, sure. But capital?

    --
    Asynchronous inputs are at the root of our race problems.
    -- D. Winker and F. Prosser

  9. Re: [News] EPO Suspended as Staff Goes on Strike, Patent System Revolt Noted by IAM

    Tim Smith writes:

    > In article ,
    > "Phil Da Lick!" wrote:
    >
    >> Roy Schestowitz wrote:
    >> > | Software development rarely sees the labor and capital-intensive research
    >> > | that is done in industries like the pharmaceutical industry

    >>
    >>
    >> But according to our resident smart-arse Hardon Quick software
    >> development costs $millions.

    >
    > It often does, if you are paying people to do the development. Five
    > people with salary and benefits and overhead, for a couple years, will
    > easily hit a million.


    Phil has zero idea.


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