Lots of news about patents, including the problems in Europe and Microsoft's patent troll of choice.

The Patent and Trademark Office has now made clear that its newly developed position on patentable subject matter will invalidate many and perhaps most software patents, including pioneering patent claims to such innovators as Google, Inc.

The proprietary bunch is still pursuing software patents, even some of those types which are considered highly controversial

This post brings a bunch of news about patents, FOSS and standards, but the scoop is Microsoft's latest push (confirmed by ECIS).

Red Hat reveals details about Microsoft's marketing of anti-FOSS patents; other patent news summarised

"...The legislature (the European Patent Convention) says that software ideas are not patentable.

The executive (the European Patent Office) ignores this and approves software patent applications.

The judiciary (the national courts) usually declares the EPO's software patents to be invalid whenever there is a court case. .."

Microsoft's patent push has been stimulated by a number of factors including competition and trying to make sure Microsoft's rivals don't get access to key innovations.

"Lawyers have successfully managed to argue that computer programs are not mathematics and thus should not be covered by the exclusion of mathematics from patentable material. This comes from a deep misunderstanding of how computers really work – particularly as implementations of a universal turing machine. Some great papers on this have been written – including this one at groklaw.

How Microsoft uses ActiveSync to shut out Free software with software patents; OOXML patents and other issues revisited; Bilski to be revisited by the Supremes, who can axe software patents in the United States