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[News] IBM Corrupts the Indian Patent System with Software Patents, Gets Sued

  • Subject: [News] IBM Corrupts the Indian Patent System with Software Patents, Gets Sued
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Mon, 15 Feb 2010 09:44:20 +0000
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
Hash: SHA1

Leveraging Through Software Patents

,----[ Quote ]
| In recent years, the United States Patent 
| and Trademark Office (USPTO) has granted a 
| rapidly increasing number of patents for 
| software-related inventions.
| In recent years, the United States Patent 
| and Trademark Office (USPTO) has granted a 
| rapidly increasing number of patents for 
| software-related inventions. According to 
| the Software Patents Institute in the United 
| States, thousands of âtrue software patentsâ 
| are issued every year, covering such areas 
| as business software, expert systems, 
| compiling functions, operating system 
| techniques, and editing functions. At the 
| same time, software technology has continued 
| to advance, using combinations of previous 
| advances in order to create new goods, 
| services, and production processes.
| Regardless of oneâs opinion on the issue of 
| whether software-related patents are good or 
| bad for society, the fact remains that a 
| rapidly increasing number of software 
| companies are filing software-related patent 
| applications every day. This creates a need 
| for software companies to begin developing 
| programs and procedures to protect their 
| intellectual property through the patent 
| system.
| India is emerging as a world leader in the 
| field of software technology. The IT 
| software and services industry in India 
| grossed an annual revenue of Rs. 37,760 
| crore (US$ 8.26 billion) during 2000-01, 
| according to the annual industry survey 
| released by the National Association of 
| Software and Service Companies (NASSCOM), 
| the apex body of software, e-commerce and IT 
| services industry in India. 
| [...]
| Contrary to popularly held belief that 
| software related patents are not permitted 
| by Indian Patent Office; there are several 
| instances where software related patents 
| have been granted by the Indian Patent 
| Office. One example is the Software related 
| patent no 176178 granted to IBM, USA for 
| âSystem for Creating an Application Program 
| Packageââ by the Indian Patent Office.


IBM, Sun, Others Face Data Encryption Patent Suit

,----[ Quote ]
| IBM Corp., Sun Microsystems Inc. and Oracle 
| Corp. are among a slew of major technology 
| companies that have been hit with a patent 
| infringement suit by encryption technology 
| company TecSec Inc.
| In a suit filed Friday in the U.S. District 
| Court for the Eastern District of Virginia, 
| TecSec claims that nearly a dozen companies 
| have infringed 11 of its patents for 
| technology used to encrypt commercial data, 
| including credit card and health care 
| information.
| [...]
| In April, TecSec filed suit against 
| Microsoft Corp. in the Eastern District of 
| Virginia, alleging that components of 
| Windows Vista and other Microsoft products 
| infringed five of the same patents. The suit 
| was dismissed in July after Microsoft agreed 
| to an undisclosed settlement.


Patent Litigation Weekly: A Closer Look at a New Patent Study

,----[ Quote ]
| "Patent trolling" has its rewards.
| Tech-sector executives and lawyers say 
| privatelyâand an informed review of court 
| dockets confirmsâthat so-called trolls 
| aren't just surviving, they're thriving. The 
| essential NPE tacticâsuing a broad swath of 
| companies for patent infringement, then 
| settling with each defendant for less than 
| the cost of fighting such a suitâis now an 
| established business model. It's so solid, 
| in fact, that patent-holders are starting to 
| delve into previously untouched economic 
| sectors, suing small retailers and even 
| photographers.



USPTO likely to adopt 'peer-to-patent'

,----[ Quote ]
| The goal of the Peer-to-Patent Project,
| which ended its second pilot period in
| December, is to allow the public to cite
| prior art to invalidate potential software
| patents, and in doing so, bring an end to
| the patent approval gridlock.
| David Kappos, co-creator of the project and
| current under secretary of commerce for
| intellectual property and director of the
| UPSTO, said his agency will evaluate all
| aspects of the project to determine what can
| be improved upon. Kappos said the agency has
| not made any decisions, but that he is
| âdisposedâ to look for ways to continue
| working on the project.


USPTO Won't Accept Upside Down Faxes; Demands Resends

,----[ Quote ]
| I know, the headline seems like a joke.
| After all, what do you do if someone
| inadvertently fed a page upside down into
| the fax machine? You simply turn the page
| over or, if you get an electronic version,
| use the reader software to rotate it.
| Apparently this is not within the standard
| operating procedures of the U.S. Patent and
| Trademark Office. No, if your fax comes in
| upside down, they send you a message in
| return saying that they canât accept it and
| to re-fax. Hereâs a copy of the letter that
| a source, who regularly deals with the
| USPTO, passed along to me...


Obama: Patent office's system is 'embarrassing'

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