Bonum Certa Men Certa

USPTO Receives Overwhelming Opposition to Software Patents

Flipping pages



Summary: The Free Software Foundation (FSF) successfully encourages many people to voice their opinion on software patents and the USPTO comes under pressure from other directions while unregistered lobbyists heckle those who drive progress

THE FSF'S Brett Smith, along with other people who support the FSF's cause, has been calling for requests to be sent to the USPTO (first mentioned here), asking politely for elimination of software patents until over 450 submissions were sent:



Last week, we put out an action item asking people to write to the USPTO, and explain to them why software should not be eligible for patents under their forthcoming post-Bilski guidance. To answer the call, you all sent in more than 450 letters, offering the USPTO all kinds of legal and practical reasons why they should stop issuing software patents. This is a tremendous response, and we're very grateful to you all for participating. Thank you very much!

Of course, we also submitted our own letter written by the director of the End Software Patents campaign, Ciarán O’Riordan. You can read it on the ESP site. We used this opportunity to point out three specific points in the Bilski decision that we believe seriously undermine any legal case for software patents. If the USPTO incorporates even one of these points into its guidance, it will be a big win for opponents of software patents.


The FSF must be doing something right because the hypocrite lobbyist Microsoft Florian, who is spamming journalists in the sense that without consent he sends a huge number of them identical E-mails (personalised for deception), called the FSF "spammer" for recommending that readers independently submit suggestion to the USPTO, which is run with/by their own government. The FSF -- unlike the company Florian lobbies in favour -- does not send fake letters with slight variations and fake names of dead people. But anyway, let's digress and not pay too much attention to aggressive lobbyists whose mask has fallen and goals exposed a long time ago.

Here is Red Hat announcing its contribution to this:

Yesterday Red Hat has submitted comments to the U.S Patent and Trademark Office regarding interpretation of the Supreme Court’s Bilski decision.

The submission was made in response to the PTO’s request for public comments to assist it in determining how to apply the Supreme Court’s decision in that case. Although the Bilski decision did not expressly address the standards for refusing to allow software patents, interpretation of the decision will determine whether certain patents are granted. Thus the PTO’s approach to examining patent applications will have a substantial effect on the patent landscape.


Needless to say, the tireless lobbyist is already bombarding Twitter with smears against Red Hat (for working towards removal of software patents).

Over at Groklaw, where the lobbyist is banned, there is publication of another detailed submission to the USPTO [via].

This is more than enough evidence that physical devices and computations have the ability to represent abstract ideas. Their use is essential for human beings to even be able to conceive, let alone use, these ideas. In particular the computations described by algorithms must be carried out physically in order to be used at all. If you patent the physical means to carry out the computation then you may end up patenting the computation itself if you are not careful. This is the mathematical basis for the non-patentability of algorithms as per Benson, Flook and Diehr.


Remarking on a story we covered last week, TechDirt publishes "Patent Office Says Another 'Worst Patent' Should Be Rejected As Obvious"

“Groklaw notes that Trend Micro is now at risk of losing the patent monopoly it has been using to attack competitors”While not wasting its time in Twitter arguing with lobbyists for software patents, the FFII drew attention to this good old article about "How two lines of code can infringe on a software patent"

One Twitter user wrote: "Any of your patent practitioners noticing a high level of COURTESY at the USPTO? The "business method" /software examiners impress me!"

Groklaw notes that Trend Micro is now at risk of losing the patent monopoly it has been using to attack competitors [1, 2, 3]. This happened at the USPTO's order, which sounds like an encouraging improvement.

The USPTO on September 16 issued an order granting Fortinet's petition to reexamine the validity of the Trend Micro patent on antivirus functionality, the 5,623,600 patent, on the grounds that a "substantial new question of patentability" exists based on prior art now being considered. Fortinet publicly acknowledges the help of the open source community, specifically mentioning the prior art searching you guys did here on Groklaw in June. The ultimate outcome is yet to be determined, of course, and that's in the hands of the lawyers now, but you guys did your part. It's a great partnership, techies and lawyers, and I thank you for working hard on this, and I hope it leads to a just resolution.


Lastly, just for laughs, see the new article "Larry King bagel company sued over 'patented water'" (it's not a satire).

A new lawsuit answers three great questions:

1. What is TV and radio personality Larry King up to now that he's bowing to Piers Morgan as host of a nightly CNN talk show? 2. Why can't we get a good bagel outside of Brooklyn? 3. Can you patent a process for making water?

Obviously, the answers are connected.

In July, King signed on with the Original Brooklyn Water Bagel Co. as a franchisee and brand promoter. The company specializes in selling bagels prepared in water adapted to replicate the H2O of Brooklyn, N.Y. King would promote the brand and help develop the budding chain's stores throughout the world, including, for those crying "dough" over the lack of tasty bagels in La-La Land, a store opening in Beverly Hills.


Unless the USPTO changes course, it is at risk of losing a lot of the legitimacy it has left. Reviewing the patentability of software patents would be a good start. "Success" is not to be measured in terms of the number of monopolies granted and only ever broadening their scope is a recipe for Water Bagel disaster. ⬆

Comments

Recent Techrights' Posts

Contemptuous Law Firm Accusing Others of Contempt of Court
Keeping a running tally can help
Links 10/10/2026: Let's Encrypt Making Changes (Problem for Small Sites/Operations), Quartz is Officially a Slopfarm (Busted)
Links for the day
Brigading Against Women - Part XXV - No Anonymity for People Who Did Illegal Things
"Empathy is the sunlight to the vampire of culture."
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
Links for the day
 
Gemini Links 10/10/2026: Radio Romania International, Avoiding GAFAM, Open Camera, and Another Palm
Links for the day
The 2026 Slop Prediction (Slopfarms Perishing)
Morality in the "digital world" has deteriorated profoundly
netsplit.de (Survey of IRC Networks and History) Only Partly Functional This Month
Get well soon, netsplit.de
Microsoft Cuts
GAFAM enshittification
NVIDIA Acts Like It Cannot Pay Salaries (Too Many Obligations, Sales in Circular Financing, or Basically Accounting Fraud)
Masters of acting as clients of themselves
Paying for elections, Reform UK illegal confession in High Court
Reprinted with permission from Daniel Pocock
Microsoft Abuses PERM and Lays Off Workers in India
The US government has made it easier for Microsoft to hide the mass layoffs
The GAFAM Elections in the United States
If the election is run by platforms that have back doors "baked-in" and if the communications are overseen by GAFAM, you would not have to be a "nutty MAGAt" to dispute the outcome
More GAFAM Layoffs (Late on Friday Night)
They say they are worth trillions, but they don't even make money
Male-Dominated EPO Fails to Have "Concrete Measures to Support Female Staff"
Being a female at the EPO is exceptionally hard
Production Freeze at the European Patent Office (Opposing Monarchy, Institutional Maladministration and Corruption)
Eight reasons to participate
Links 10/10/2026: Microsoft 'Open' 'AI' Silencing Critics, "Data Centres are the New Front Line in the Russia-Ukraine War"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 09, 2026
IRC logs for Friday, October 09, 2026
Gemini Links 10/10/2026: Optimism, Stargazing, "Life Without Smartphone", and Fairphone 4
Links for the day
Gemini Links 09/10/2026: Manifesto, Slop, Geminispace, and "Cryptography of the Internet"
Links for the day
Betanews is Still a Slopfarm, Articles About "Linux" Are Fake and Plagiarism by LLMs
Cheaters and plagiarists aren't journalists; they're people who rip off and harm journalists
The Register MS Sponsored to Hype Up "Datacenters" and "AI" (Bubble, Pyramid Scheme)
"Sponsored by Cisco" with "AI" 26 times in this page
James Bottomley Has Promoted Microsoft-Controlled Restricted ('Secure') Boot, His Blog Has Just Been Cracked
Does this meet IBM's and Microsoft's standards for "distinguished" (in security)?
Links 09/10/2026: "Internet Archive to Demo Wayback Machine at Friday’s Uniqlo Street Festival", France Wages Censorship War via DNS
Links for the day
Controlled Opposition
The underlying concept is hardly new
More Stallmans
We need more Stallmans, we don't need to change Stallman
SUEPO Munich (EPO Staff Union in the Main Headquarters) Opposes Monarchy ('Cocaine King' Campinos), Plans Online Meeting Next Week
They may have about 1,000 workers joining in
World Mental Health Day is Tomorrow and EPO Staff Talks About What the Job Does to Workers
In recent years we've written a great deal about mental health consideration in relation to work, with a focus on "IT"
GNU/Linux Flirts With 20% "Market Share" in North America Overnight
Who should we trust on GNU/Linux? Microsofters on an armchair or Cloudflare Radar?
You Definitely Do NOT Wish to Live Close to a Datacentre
put aside for a moment the noise, the pollution...
New Site Makes the Case Against Adoption of Omarchy, But Focuses Almost Entirely on Politics
Let's examine what the page says and what points it focuses on
Brigading Against Women - Part XXIV - Nobody's Name is Unspeakable
Names are not sacred
Microsoft is in Trouble (With the Regime It Sponsored)
It seems like Microsoft paying the existing regime/dictatorship wasn't enough
GGG Pot Calls the Kettle Black
"It means a situation in which somebody accuses someone else of a fault which the accuser shares, and therefore is an example of psychological projection, or hypocrisy. Use of the expression to discredit or deflect a claim of wrongdoing by attacking the originator of the claim for their own similar behaviour (rather than acknowledging the guilt of both) is the tu quoque logical fallacy."
In the United Kingdom, Rising Cost of Hardware Benefits GNU/Linux
GNU/Linux rose from about 4% to almost 6% in one year
Japanese Targets of Cyber Breaches or Insider Threats
Japanese government bureau and major firms experience data breaches
Gemini Links 09/10/2026: Optimism, Stargazing, and Solar MiniServer
Links for the day
The Microsoft Ban Should Go Further (Telecommunications Cybersecurity and Resilience Act Incompatible With Back Doors)
it's not difficult to see where to start
When Americans Export a 'Suicide Mission' to Other Continents
I worry that this culture of debt-taking and overconsumption is being spread from the US to Europe
The Register MS: "AI" Several Times in Same Headline, 31 Times in Page. The Register MS Was Paid to Do This.
The phenomenon is commercial (paid media), not scientific
The Outcome of Microsoft Ban Was Predictable
told you so
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 08, 2026
IRC logs for Thursday, October 08, 2026
Gemini Links 08/10/2026: Economical Thrashing, How I Killed the Earth, and Thoughts on Gemini
Links for the day
Links 08/10/2026: Wikimedia Bemoans Chaffbot Slop (Bots Sold as 'Agents') That Sabotage It, ICC's Taliban Warrants
Links for the day
Links 08/10/2026: Slop Scammers (Pushers) Inflate Hosting Bills and "YouTube Testing Everything"
Links for the day
The Register MS Helps Prove the "AI" Frenzy in the Media is Evidence of Compromised Media, Not Legitimate "Revolution"
Ignore the hype and carry on
London Became Synonymous With the Royal Courts of Justice
London used to be a place where we go on holiday/retreat/break; nowadays we have only one destination there
Microsoft Insiders on "Effectively Being Silently Laid Off From Microsoft"
People are laid off by the thousands without the media uttering a word or the companies confirming anything
Brigading Against Women - Part XXIII - Extremism in the Mix and Getting the Police Involved
In 2012 I was getting heckled a lot for opposing back doors in Linux; it has not stopped since
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 07, 2026
IRC logs for Wednesday, October 07, 2026