Bonum Certa Men Certa

Appeals Court Gets Another Chance to Abolish Software Patents in the United States

Art museum



Summary: The Federal Circuit appeals court (CAFC) is taking some major steps that can help end software patents and Google plays a role in it

THE corporate/political campaign to change the patent system is gathering more steam. The Federal Circuit appeals court (CAFC), which we criticised before, is prepared to re-consider software patents; meanwhile we also learn that Google plays a role in asking for change:



The world’s largest search-engine company contends that too many other software patents hurt innovation more often than they lead to viable businesses. Google, along with JPMorgan Chase & Co. and the Yelp Inc. business-review site, say they need to be able to quickly resolve cases in which a patent owner sues a large number of companies over widely used software features.

An appeals court specializing in U.S. patent law will consider the issue tomorrow, in arguments about when software programs represent legitimate innovations and when they simply computerize ideas that couldn’t otherwise be patented. The question is important because challenging an invention’s eligibility for a patent can be quicker and cheaper than contesting a patent’s validity on other grounds.


The issue was considered at the end of last week and coverage of it depended on the messenger. SCOTUS Blog, i.e. lawyers, was bickering over this, whereas Groklaw, a more progressive legal site, had progressive people at the scene. Just being non-conformist does not make one "wrong". Abolishing software patents is actually quite the norm in the software world, putting aside lawyers, MBAs, etc.

Here is some corporate press coverage and a bit from Rupert Murdoch's main paper. IDG said that "Appeals court considers software patents," potentially affecting the USPTO:

U.S. companies shouldn’t be able to get patents on abstract ideas when they combine those ideas with a computer process, a lawyer argued in an appeals court Friday.

The U.S. Court of Appeals for the Federal Circuit should invalidate four patents held by electronic marketplace Alice because the process described in the patents can be done in a person’s head or with a paper and pencil, argued Mark Perry, a lawyer representing CLS Bank, which was sued by Alice for infringement.


IDG also had this report which said:

Should an abstract idea written into software and run on a computer be patentable? That’s one question a U.S. appeals court will consider Friday when it hears arguments in a case with broad implications for software patents for companies as diverse as Google and Red Hat.

The U.S. Court of Appeals for the Federal Circuit is unlikely to invalidate all software patents in the CLS Bank v. Alice Corp. case, but it could force tech companies to narrow their claims when applying for software patents, some patent experts said.


Simon Phipps, writing for IDG, called it "turning point in war on software patents" and his summary was as follows: (no ads)

A seemingly unassuming court hearing today could be the beginning of the end of software patents as we know them


At TechDirt, the leading headline was "Key Case About Software Patents May Hinge On How You Define 'Significantly More'" and it says:

Last year, we wrote about the next important lawsuit concerning software patents, the CLS Bank v. Alice case, which the full Federal Circuit appeals court (CAFC) heard today. Our last post on the case provided the background, but the short version was that it involves some software concerning doing a "shadow transaction" to see if there are really enough funds to complete a transaction, before completing the actual transaction. The district court found that this was just a representation of an abstract idea, and thus not patentable. CAFC, using a typical three judge panel, reversed that decision, saying that it was patentable subject matter. However, CAFC agreed to rehear "en banc" with the entire 10 judges, because there was some concern about the original ruling (which was split 2 against 1).

[...]

While Sachs was disappointed that there wasn't a clear attempt to define what constitutes an "abstract idea," I'm not as sure that's an issue. In fact, it almost seems oxymoronic to say that you need a strict definition of an abstract idea. The reason an idea is abstract is just that: it's abstract. But, at the same time, I can understand why patent lawyers would generally prefer a brightline, objective rule that can demarcate what is and what is not patentable. Either way, lots of patent lawyers will be waiting eagerly for this ruling.


Here is another report:

A federal appeals court is set to consider a case closely watched by Google Inc, Facebook Inc and other technology companies that could determine how far the patent system should go in protecting software inventions.

The U.S. Court of Appeals for the Federal Circuit, which specializes in patent cases, will hear arguments on Friday over whether patents should be granted for business methods whose main innovation is that they require the use of a computer.


Many of our readers have probably read about this news already because it's everywhere, including major news sites. But it's worth keeping our own summary/record of this major development; surely it's not the end of it. In Re Bilski, for instance, lasted years. ⬆

Recent Techrights' Posts

“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
 
NVIDIA Down About 30% in 5 Weeks, When Does the Media Call It "Bubble" Rather Than Frame It as Sex Scandal?
they'll find a way to blame "China"
Surreal Times
NVIDIA's shares fell 27% in 5 weeks
Links 10/11/2026: "Jensen Huang Could Face $81 Billion Divorce Bill" and "Nvidia Shareholders sue Jensen Huang"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026