United States Court of Appeals for the Federal Circuit has denied a motion by Synopsys for a stay, pending appeal, of the injunction issued by an Oregon federal district court against Synopsys emulators. The injunction, issued March 12, prohibits Synopsys, Inc. from making, using, selling, offering to sell, licensing or leasing in the United States any emulators or software that incorporate Mentor Graphics' patented emulation technology covered by U.S. Patent No. 6,240,376.
Tuesday, April 21, 2015
Monday, April 20, 2015
Open source patent protection extended to popular software
OIN (the Open Invention Network) has announced important changes to its definition of what constitutes “the Linux system."
Licensing community participants were advised yesterday that, as of June 25, the Linux System Definition will include more than 100 new packages and updated versions of nearly 70 existing ones. This refresh brings Docker, Puppet, Nginx, the Ceph storage system, and the full LibreOffice suite under the OIN umbrella, as well as the Debian packaging tool APT, the Java build manager Maven, the reference implementations of the Go and Lua languages, and a number of other development tools and libraries. Coverage for Red Hat’s OpenShift project will also be significantly enhanced.
Licensing community participants were advised yesterday that, as of June 25, the Linux System Definition will include more than 100 new packages and updated versions of nearly 70 existing ones. This refresh brings Docker, Puppet, Nginx, the Ceph storage system, and the full LibreOffice suite under the OIN umbrella, as well as the Debian packaging tool APT, the Java build manager Maven, the reference implementations of the Go and Lua languages, and a number of other development tools and libraries. Coverage for Red Hat’s OpenShift project will also be significantly enhanced.
Sunday, April 19, 2015
U.S. patent chief in Detroit: We'll get faster
Michelle Lee, the new director of the U.S. Patent and Trademark Workplace and undersecretary of commerce for intellectual house, stated the agency is aiming to be more responsive to tech organizations that are searching for patents.
USPTO's aim, she stated, is to provide patent decisions within an average of 20 months by 2019. It at present can take years for patent applications to make their way by means of the system, an excruciating delay for businesses that have to have patents to introduce new merchandise and add jobs.
"We do recognize that it is critically critical that providers get their intellectual property rights swiftly so that you can take venture capital funding and enter the markets,"
USPTO's aim, she stated, is to provide patent decisions within an average of 20 months by 2019. It at present can take years for patent applications to make their way by means of the system, an excruciating delay for businesses that have to have patents to introduce new merchandise and add jobs.
"We do recognize that it is critically critical that providers get their intellectual property rights swiftly so that you can take venture capital funding and enter the markets,"
Friday, April 17, 2015
Drafting US Software Patents Post-Alice
It has been a challenging year for software patent owners following the US Supreme Court’s decision in Alice Corp. v. CLS Bank International.
Since then, a large number of software patents have been invalidated in the US courts. So what should inventors do if they are seeking to file a patent in today’s legal environment?
In this video, Robins Kaplan LLP attorneys Seth Northrop and Sam Walling discuss the current state of affairs and offer some advice.
Since then, a large number of software patents have been invalidated in the US courts. So what should inventors do if they are seeking to file a patent in today’s legal environment?
In this video, Robins Kaplan LLP attorneys Seth Northrop and Sam Walling discuss the current state of affairs and offer some advice.
Tech giants complain about US ITC misuse by trolls
A consortium of tech giants have written to senior US politicians demanding a reform of the International Trade Commission, one of America's key federal watchdogs.
The business goliaths, represented by the ITC Working Group, claim patent trolls are unfairly using the commission to extract money from their coffers, and hamper innovation. The letter – signed by Google, Intel, Apple, Cisco, and 16 others – takes issue with Section 337 of the Tariff Act of 1930: this piece of law is routinely used by patent trolls.
It sounds rich hearing Intel, Apple, Cisco and others complaining – of all people – about organizations being outrageously litigious with patents. The tech world loves using patents to destroy upstarts or force them into an acquihire deal. Their beef appears to be that patent trolls don't actually make or design anything, as if they are unworthy opponents.
The business goliaths, represented by the ITC Working Group, claim patent trolls are unfairly using the commission to extract money from their coffers, and hamper innovation. The letter – signed by Google, Intel, Apple, Cisco, and 16 others – takes issue with Section 337 of the Tariff Act of 1930: this piece of law is routinely used by patent trolls.
It sounds rich hearing Intel, Apple, Cisco and others complaining – of all people – about organizations being outrageously litigious with patents. The tech world loves using patents to destroy upstarts or force them into an acquihire deal. Their beef appears to be that patent trolls don't actually make or design anything, as if they are unworthy opponents.
Apple ramps up patent portfolio to take on Samsung
Apple has grown its US patent portfolio by 25 per cent every year for the last three years, new figures have revealed.
According to the US Patent 100, an annual ranking of the world’s biggest US patent portfolios, Apple has seen the biggest percentage increase in portfolio size over a three year period, and now owns 10,942 patents. Samsung, meanwhile, owns over 55,000 US patents – more than any other entity.
According to the US Patent 100, an annual ranking of the world’s biggest US patent portfolios, Apple has seen the biggest percentage increase in portfolio size over a three year period, and now owns 10,942 patents. Samsung, meanwhile, owns over 55,000 US patents – more than any other entity.
Fighting for Patent Reform in Washington, D.C.
The main focus: Defend Innovation, Electronic Freedom Foundation's newest report on the broken US patent system.
This report is more than just EFF’s ideas for patent reform. It’s the result of more than two years of research, interviews, and data collection. They surveyed the concerns of software developers, entrepreneurs, legal professionals, students, and everyday technology users affected by the current patent system. They held town halls at major tech companies in Silicon Valley and interviewed individual programmers, and we launched a petition where users could submit comments and share their feedback on proposals to address these issues. Over 16,500 people spoke up.
All of this research culminated in over thirty pages that highlight just how broken the current patent system is: not only does it create a chilling effect on innovation and new technologies—exactly opposite of its claimed goal—but it is readily abused by bad actors and patent trolls.
This report is more than just EFF’s ideas for patent reform. It’s the result of more than two years of research, interviews, and data collection. They surveyed the concerns of software developers, entrepreneurs, legal professionals, students, and everyday technology users affected by the current patent system. They held town halls at major tech companies in Silicon Valley and interviewed individual programmers, and we launched a petition where users could submit comments and share their feedback on proposals to address these issues. Over 16,500 people spoke up.
All of this research culminated in over thirty pages that highlight just how broken the current patent system is: not only does it create a chilling effect on innovation and new technologies—exactly opposite of its claimed goal—but it is readily abused by bad actors and patent trolls.
Wednesday, April 15, 2015
Apple Patents method to automatically broadcast updates
Deny that its the end of privacy as much as they like but this is a really scary innovation by Apple who added another new patent to its ever increasing patent portfolio. Granted by the USPTO, the patent describes a software option which would analyze factors such as your time zone, battery percentage, location, phone sound profile and network signal strength to automatically determine your call availability, and then transmit your status to your friends.
Microsoft Cuts Android Patent Fee To Attract Vendors To Pre-install Android Apps
Microsoft has made an offer to vendors in Taiwan and China to pre-install its application software such as Skype and Office programs like Word, Excel PowerPoint and OneDrive, on their Android devices, in exchange offering discounts on the patent licensing fees. On March 23, Microsoft signed an agreement with almost 11 vendors around the globe for pre-installation of its application softwares and now they have to pay fees for shipment of every Android based devices.
After the patent fees agreement, Microsoft patent licensing fees have grown remarkably, as the demand for Android devices shipments is rising. The discount given to Android products is a step towards increasing the usage of Microsoft application in the mobile devices.
After the patent fees agreement, Microsoft patent licensing fees have grown remarkably, as the demand for Android devices shipments is rising. The discount given to Android products is a step towards increasing the usage of Microsoft application in the mobile devices.
Full Article: Larry Darrell at Bidness Etc
Tuesday, April 14, 2015
Facebook modifies patent grant
After widespread criticism of the termination language in its patent grant, Facebook has removed the worst excesses.
Late Friday, Facebook announced it's finally giving in to pressure from the open source community and fixed its open source patent grant. While most people felt the intent was good and welcomed the original version of the grant, it was worded in such a way as to give Facebook a significant legal advantage in any open source community where it was the initiator.
Late Friday, Facebook announced it's finally giving in to pressure from the open source community and fixed its open source patent grant. While most people felt the intent was good and welcomed the original version of the grant, it was worded in such a way as to give Facebook a significant legal advantage in any open source community where it was the initiator.
Full article Simon Phipps, InfoWorld
Zimbabwe Met Service to Patent Climate Software
Climsoft Climate Software is a data management system which was
designed by experts at the Zimbabwe Meteorological Services Department.
The software brings data from multiple sources together and formats it so that it can easily be accessible not only by the Met Dept but by other end users who include aviation,agriculture and other sectors.
Climsoft is currently being used by 27 countries in Africa, 10 in Asia, eight in the Caribbean and 12 countries in the Pacific.
Zimbabwe is the only developing country in the world that has developed such software for the world and is now moving to patent the software.
Met Dept director Dr Amos Makarau said "This week we were discussing how to patent the software. Our developers have been to ARIPO to start the process of patenting the Climsoft software.
"The idea came about following attempts by some developed countries
to high-jack the software and patent it as if they developed it."
designed by experts at the Zimbabwe Meteorological Services Department.
The software brings data from multiple sources together and formats it so that it can easily be accessible not only by the Met Dept but by other end users who include aviation,agriculture and other sectors.
Climsoft is currently being used by 27 countries in Africa, 10 in Asia, eight in the Caribbean and 12 countries in the Pacific.
Zimbabwe is the only developing country in the world that has developed such software for the world and is now moving to patent the software.
Met Dept director Dr Amos Makarau said "This week we were discussing how to patent the software. Our developers have been to ARIPO to start the process of patenting the Climsoft software.
"The idea came about following attempts by some developed countries
to high-jack the software and patent it as if they developed it."
Full Article at allAfrica.com
Saturday, April 11, 2015
USPTO’s examples for patent eligibility examined
"The second installment of a three-part series examining the USPTO's Interim Guidance on Patent Subject Matter Eligibility. The first installment describes the Interim Guidelines' implementation of the Supreme Court's two-part test for determining patent eligibility. Now, we will review examples published by the USPTO of patent-eligible and patent-ineligible claims."
"When the Supreme Court issued its decision in Alice, many believed the decision spelled the end of software patents. However, the examples provide several samples of how software-related patents may be patent-eligible."
"When the Supreme Court issued its decision in Alice, many believed the decision spelled the end of software patents. However, the examples provide several samples of how software-related patents may be patent-eligible."
Full Article: Ryan M. Corbett, Inside Counsel
Retroactive changes to patent eligibility law
"Understand that there is no such thing as a quick, cheap and easy software patent any more. Perhaps there never should have been, but you really cannot blame patent attorneys for writing software patent applications in ways that explained software as a method.
"Yes, it is now clear that Courts, particularly the Supreme Court, will not allow software method claims. But if we want to be intellectually honest software is best described as a method. Software is not an abstract idea, and it is not some product of nature. Software instructs a machine to operate in a specific way to accomplish a specific task. The fact that judges cannot understand the nature of software doesn’t change the reality that software is best understood by a method."
"Yes, it is now clear that Courts, particularly the Supreme Court, will not allow software method claims. But if we want to be intellectually honest software is best described as a method. Software is not an abstract idea, and it is not some product of nature. Software instructs a machine to operate in a specific way to accomplish a specific task. The fact that judges cannot understand the nature of software doesn’t change the reality that software is best understood by a method."
EFF Busts Podcasting Patent, Invalidating Key Claims at US Patent Office
The U.S. Patent and Trademark Office (USPTO) invalidated key claims in the so-called “podcasting patent” today after a petition for review from the Electronic Frontier Foundation (EFF)—a decision that significantly curtails the ability of a patent troll to threaten podcasters big and small.
“We have a lot to celebrate here,” said EFF Staff Attorney Vera Ranieri. “But unfortunately, our work to protect podcasting is not done. Personal Audio continues to seek patents related to podcasting. We will continue to fight for podcasters, and we hope the Patent Office does not give them any more weapons to shake down small podcasters.”
EFF partnered with attorneys working pro bono and the Cyberlaw Clinic at Harvard's Berkman Center for Internet and Society to craft the petition for review with the USPTO.
“We have a lot to celebrate here,” said EFF Staff Attorney Vera Ranieri. “But unfortunately, our work to protect podcasting is not done. Personal Audio continues to seek patents related to podcasting. We will continue to fight for podcasters, and we hope the Patent Office does not give them any more weapons to shake down small podcasters.”
EFF partnered with attorneys working pro bono and the Cyberlaw Clinic at Harvard's Berkman Center for Internet and Society to craft the petition for review with the USPTO.
Thursday, March 19, 2015
Telecoms Firms Lead WIPO International Patent Filings
"Three telecoms giants from China and the United States led international patent filing activity via WIPO in 2014, a fifth consecutive record-breaking year amid overall growth in the Organization’s global intellectual property services.
"Together, China and the U.S. accounted for 87% of the total growth in filings under WIPO’s Patent Cooperation Treaty (PCT), which saw some 215,000 applications in 2014, a 4.5% increase over the previous year. In a significant development, the U.S. became the biggest filer of international trademark applications under WIPO’s Madrid System."
Pubblished on Software Patents 11 April 2015
"Together, China and the U.S. accounted for 87% of the total growth in filings under WIPO’s Patent Cooperation Treaty (PCT), which saw some 215,000 applications in 2014, a 4.5% increase over the previous year. In a significant development, the U.S. became the biggest filer of international trademark applications under WIPO’s Madrid System."
Full article WIPO
Pubblished on Software Patents 11 April 2015
Saturday, October 11, 2014
US patent office rejecting a lot more software patents
"A June US Supreme Court decision on the legality of software patents has been sending shockwaves through their legal system. The case, called Alice v. CLS Bank, has led to a bunch of lower court decisions invalidating software patents. It may also have been responsible for September's sharp decline in patent lawsuits."
Wednesday, October 08, 2014
Anti patent troll group thrives
"Remember the Open Invention Network (OIN)? That's the defensive software patent community set up to protect Linux against patent aggressors. Well, it recently passed 1,000 members, growing nearly 70 percent over the last year."
Wednesday, October 01, 2014
US Cracking Down on Software Patents
Press release by Fenwick and West who appear to be IP lawyers in the USA
"The patents unanimously struck down by the Court were for an electronic escrow service for online securities sales. The Supreme Court ruled that an abstract idea like escrow, which has been around for hundreds of years, does not become patent eligible simply by being executed online. Since then, the USPTO has drawn a much tougher line regarding similar patent claims."
They continue talking about how recent changes have made US patent rules more like those of Europe.
"The patents unanimously struck down by the Court were for an electronic escrow service for online securities sales. The Supreme Court ruled that an abstract idea like escrow, which has been around for hundreds of years, does not become patent eligible simply by being executed online. Since then, the USPTO has drawn a much tougher line regarding similar patent claims."
They continue talking about how recent changes have made US patent rules more like those of Europe.
Friday, September 12, 2014
Software patents are crumbling in USA
Timothy Lee has written an article on the Vox blog about how US court rulings are now invalidating a whole class of software patents.
"These rulings might seem like common sense, but it's important to remember that every single one of these patents was examined and approved [...] because until recently, this kind of "invention" was considered eligible for patent protection. The patent office has issued hundreds of thousands of software patents over the last two decades, and many of them look like this.
"But now the courts are sending a pretty clear message: you can't take a commonplace human activity, do it with a computer, and call that a patentable invention."
Thursday, August 28, 2014
Magical Drug Wins EFF’s Stupid Patent of the Month
"Good news everyone! The US Patent Office has granted a patent on a cure for cancer. Last December, the Patent Office issued Patent No. 8,609,158 on a “potent drug” that “rebukes cancer, cancer cells, and kills cancer.”
"According to the patent, this drug cures a litany of other maladies. What is this wonderful invention, you ask? It is a combination of “evening primrose oil, rice, sesame seeds, green beans, coffee, meat, cheese, milk, green tea extract, evening primrose seeds, and wine.”
"The patent examiner could and should have rejected it on any number of grounds, including enablement, indefiniteness, and utility."
Simon Phipps Electronic Frontier Foundation
(EFF uses CC by 3.0 us for its blogs)
"According to the patent, this drug cures a litany of other maladies. What is this wonderful invention, you ask? It is a combination of “evening primrose oil, rice, sesame seeds, green beans, coffee, meat, cheese, milk, green tea extract, evening primrose seeds, and wine.”
"The patent examiner could and should have rejected it on any number of grounds, including enablement, indefiniteness, and utility."
Simon Phipps Electronic Frontier Foundation
(EFF uses CC by 3.0 us for its blogs)
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