ALICE: America’s Biggest Bitch IS GOOGLE’S Girlfriend
The Supreme Court made a law, now known as “ALICE”, which only helps the campaign financiers at Google, while it destroys America, piece by piece.
Everyone has seen the news reports about how Google gave more money to the White House, than almost any other entity in America. Then, in exchange, Google got it’s insiders put into more federal management positions than anybody else. It was like Google tried to take-over the U.S. Government.
Eric Schmidt got to hang out at the White House, and create more laws, than any member of Congress even did!
Did you know, though, that Google’s senior staff run the U.S. Patent Office? Yep!
Google put their people in the patent office because they, and their investors, own a huge number of companies that they just used their power and ego to steal technology for.
These hubris-ridden billionaires just stole the technology from others and refused to pay the inventors. When Google’s venture capitalists realized they might have to pay up, they spent their billions lobbying to take out the U.S. patent office by making it impotent.
They set about making software patents, and any new patents ILLEGAL!, with heir tricky ALICE maneuver.
You heard that right. Not only did the Silicon Valley Cartel create an innovation blockade system but they shut down almost all American innovation.
They killed one of the last thing’s that America was known for, in the world: Inventing cool technology.
Now AMERICAN INVENTORS ARE PUNISHED FOR CREATING NEW IDEAS!
Thank you Google! Your ALICE scheme screwed everybody in America!
Google, and it’s Silicon Valley Cartel, has killed off anything that anybody already has that the Google Monopoly wants to do and killed off any new technology that anybody in America wants to create.
The problem started at the US Supreme Court, and all 9 Supreme Court justices agreed with this decision after being lobbied by Google’s whisperers. Everyone else in the system is just “following orders”. The Obama Administration seems to have just handed a large part of the U.S. to Eric Schmidt.
This recent and epic systemic problem in the patent system is damaging a huge number of patents, startups and inventors. It will not be fixed until either the Supreme Court corrects itself, or Congress amends patent law. Both processes are slow. Pretty much every patent attorney, inventor and start-up CEO in the country is screaming about this.
Oover the last year, the USPTO has been denying many software patent applications on the base of a rather vague 2014 decision by the US Supreme Court entitled Alice Corp v. CLS BANK (“Alice”).
Although the original Alice decision was rather limited, Google, and Eric Schmidt, spent billions in illicit money lobbying against Software patents, and the current USPTO commissioner is a former top Google employee and Eric Schmidt shill. Judges have also been using the Alice decision as a way to clean up crowded court dockets by dismissing patents as being “Abstract”. Because there is no definition of “Abstract”, this is hard to argue with. What is happening on a practical level is that tens or hundreds of thousands of American patents are now being dismissed because they are “software patents”. Google loves this!!!
For a cartoon on this issue, see this link, or below:
Under the “misery loves company” concept, this has put the entire software, and high-tech industry, in a bind as well. Unless something happens, high tech is going to suffer horrific damages thanks to the greed and power of Google.
Innovation in America is now DEAD. Google is in control of Washington, DC. The U.S. has been relegated to a “Minor Business Power” in the world, now, because Google refuses to pay for what it steals.
Alice v. CLS Bank: United States Supreme Court Establishes General Patentability Test
By Julia Powles, Researcher, University of Cambridge, UK
Every patent must satisfy the requirement for patentable subject-matter – or, as it is sometimes known, patent eligibility, or the requirement for “an invention”. In effect, the claimed invention must be the sort of thing that could lead to a patent.
Most countries define subject-matter negatively – things are patentable unless they are excluded by statute or case law. Once this requirement is satisfied, the assessment then turns to fact-specific criteria such as novelty, non-obviousness, industrial applicability, and sufficient description. If the subject-matter requirement is not satisfied, then it’s game-over for the patent.
Subject-matter is a negligible concern for the vast majority of patents. However, due to either express or implied exclusions, it can be a real sticking point in particular domains – most notably, software, biotechnology, and diagnostic and business methods. As an early ground for striking out patents, the subject-matter requirement may seem attractive to patent systems suffering intense backlogs and perceived misuse and abuse. This broader context may reflect why, in the last five years, the United States Supreme Court has issued four influential subject-matter rulings after a nearly 30-year hiatus: Bilski v. Kappos, Mayo v. Prometheus, AMP v. Myriad – all covered in previous editions of this magazine – and, most recently, the highly-anticipated case of Alice v. CLS Bank .
Alice’s abstract ideas
Alice attracted a great deal of interest largely because the patents in issue involved a business method implemented by a computer. Many pundits seized on the case as an opportunity for much-needed guidance on software patenting. However, it was clear from the facts and the hearing that this was unlikely to happen. When the Supreme Court issued its ruling on June 19, 2014, it opted for a narrow basis for its decision, closely tied to the facts at hand, and omitting broader guidance (or, indeed, any mention of the word “software”.)
The four patents in Alice concerned intermediated financial risk settlement (i.e. mitigating the risk that one party to an agreed transaction fails to pay or to satisfy other conditions). The Supreme Court distilled the claims as variants on: a method for exchanging financial obligations; a computer system configured to carry out the method; and a computer-readable medium containing program code for performing the method. The parties to the case were the patentee, Melbourne-based Alice Corp, which had no relevant trading activity in relation to the patents, and New York-based CLS Bank International, which engaged in $US 5 trillion settlements daily employing the patented methods.
Under section 101 of the US Patent Act, “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may be eligible for patent protection.” The US courts have developed three exclusions to this broad provision: laws of nature, natural phenomena, and abstract ideas. In the Alice decision, which concerned the “abstract ideas” exclusion, the Supreme Court stated that the principle undergirding these exclusions is “pre-emption”, which it related to the notion that the basic tools, or building blocks, of scientific and technological work must remain in the public domain.
The Court recognized, however, that at some level, “all inventions . . . embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas.” Lest the exclusions “swallow all of patent law”, the Court sought to distinguish patents that claim the building blocks of human ingenuity from those that integrate those building blocks into “something more”.
Bilski reloaded, with dashings of Mayo
One of the primary reasons the Supreme Court heard the Alice case was that the Federal Circuit en banc decision , issued on May 10, 2013, had yielded a deeply fractured set of opinions, failing to agree the nuances of the appropriate test for patent eligibility. Among the causes were perceived inconsistencies in the Supreme Court’s precedent. The Supreme Court in Alice therefore took the opportunity to articulate a single, uniform subject-matter test. That test, itself a generalization from the earlier case of Mayo v. Prometheus, involves two parts:
First, we determine whether the claims at issue are directed to one of those patent-ineligible concepts [i.e. law of nature, natural phenomena, or abstract idea].
If so, we then ask, “[w]hat else is there in the claims before us?” To answer that question, we consider the elements of each claim both individually and “as an ordered combination” to determine whether the additional elements “transform the nature of the claim” into a patent-eligible application. We have described step two of this analysis as a search for an “inventive concept”—i.e., an element or combination of elements that is “sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.”
Applying this two- step test led the nine justices of the Supreme Court to find unanimously that Alice’s patents were invalid for lack of patentable subject-matter. Unhelpfully for future guidance, the Court considered it need not “labor to delimit the precise contours of the “abstract ideas” category”. Within its reasons, however, it gave several examples of abstract ideas: fundamental economic practices; certain methods of organizing human
ALICE: America’s Biggest Bitch IS GOOGLE’S Girlfriend