MPEG LA’s attack on VP8 video highlights need for software patent abolition

MPEG LA is blatantly trying to claim a monopoly on online video. The patent system is failing for software, and initiatives to “fix” the system are not working. A clear exclusion of software ideas from patentability is the only workable solution.

VP8 is an attempt to free the software industry and all software developers from this patent troll. MPEG LA did not develop VP8 but it wants to own it nonetheless.

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USA: Patent Reform is not enough, software patents must be abolished

The US Senate Judiciary Committee’s bill on “patent reform” will not address the main patent problems of software developers.

The bill takes aim at a problem experienced by a small number of large companies, namely, the problem of patent trolls litigating in the hope of a pay-out at the end of a long legal process. Ironically, many of the large companies that will benefit from this bill are the cause of the real patent problems for software developers.

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USPTO weakens obviousness requirements

(Temporary note: For statements supporting this article’s title, see en.swpat.org/wiki/raising_standards…)

The below text is a notice from the USPTO about tests they’re removing in order to make it less difficult to pass the test for obviousness. Low obviousness standards (silly patents) is not the mains cause of problems, but it aggravates already-problematic domains such as software patents.

An official PDF version of the text is available on ipeg.eu.

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USPTO interim guidelines request for comment – as text

Below is the text from http://edocket.access.gpo.gov/2010/pdf/2010-18424.pdf

To help ESP reply to this consultation, please contribute to this wiki page: USPTO 2010 consultation – deadline 27 sept.

Formatting of the below text is a work in progress (25 Aug 2010). This is the second of two related documents published on news.swpat.org; the other is USPTO’s 101 Method Eligibility Quick Reference Sheet – as text.

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USPTO’s 101 Method Eligibility Quick Reference Sheet – as text

The USPTO is seeking comment, until 27 Sep 2010, on how to interpret the Supreme Court’s Bilski decision.

To help ESP reply to this consultation, please contribute to this wiki page: USPTO 2010 consultation – deadline 27 sept.

Below is a text published (pages 3 and 4) by the USPTO when announcing this call for comment. This is the first of two related documents published on news.swpat.org; the other is USPTO interim guidelines request for comment – as text.

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Bilski’s patent application – the published parts

Some people have asked where they can read the patent which was the object of Bilski v. Kappos. The answer is that it’s a patent application and as such it’s confidential. However, the key excerpts did get published via the opinions of the various courts which rejected it. Keep in mind that the application may have been modified since its filing in 2006, and the authors have expressed their intention to modify it and try again to get it granted. With that said, below is the text we know of.
[UPDATE: We have almost the full text, thanks to contributor Gibus]

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Bilski’s hearing and software patents

At Monday’s hearing (court transcript), neither party had the objective of abolishing software patents. The Bilski case is about a business method patent, so there was Mr. Jakes arguing that business methods should be patentable, and Mr. Stewart arguing that they shouldn’t. For software to be excluded, we’re relying on the judges (to whom we wrote an amicus brief, as did many others). There’re a few worrying statements, but there’s also a lot of hope.

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