Bonum Certa Men Certa

Patent Boundaries in the US and the Risk of Europe Repeating the Mistakes of the US

Patent systems without boundaries become utterly meaningless, ripe for abuse

Fence



Summary: Software patentability and other undesirable patents in the US (as viewed by various Web sites), plus some timely commentary about the lessons the EPO must learn from the mistakes of the US, where patent trolls are now a massive epidemic

THE wrath of patent lawyers is rather telling. They are upset that Alice is ruining their so-called 'business' and they attempt to find workarounds, urging fellow patent lawyers to do the same. Gene Quinn, one of the loudest proponents of software patents, is still quite loud about it. These patent lawyers and boosters of software patents openly express their sheer worry about where things are going for software patents (hence their parasitic business) after Alice. It's expected. "One might think," Quinn writes, "that just about everything that can be said about Alice has already been said, but that is unfortunately not the case."

"They are striving to change the status quo by changing perceptions."Actually, what we appear to be seeing since the ruling (nearly a year and a half ago) is thousands of patent lawyers babbling about it and saturating the media with spin. They are striving to change the status quo by changing perceptions. Watch Quinn speaking to other boosters of software patents so as to spread yet more pro-software patents views in the media, just like IAM does.

No doubt the USPTO still allows patents on some software, including some in my research area, imaging technology. To quote this one new blog post, "USPTO Awards Additional Patent to E-ImageData Relating to its Digital Microform Imaging Technology. In a new development in the patent and trademark world, the United States Patent and Trademark Office issued an additional U.S. Patent to E-ImageData relating to its digital microform imaging technology (U.S. Patent No. 9,179,019). E-ImageData is a renowned name in the field of Imaging Data Technology which is powering most prestigious libraries and private companies across the globe."

"What does the presence of so many patent trolls tell us about the US patent system?"Notice how quickly the patent numbers are rising (approaching 10 million). It's not bizarre given that around 92% of patent applications in the US are eventually accepted. This just serves to show how ludicrous it has become and the EPO under Battistelli goes down a similar route right now (patents on life too are being accepted, not to mention software patents).

There are new debates about patents' impact on or correlation to the US economy. These will be focused on patent trolls. What does the presence of so many patent trolls tell us about the US patent system? This new blog post says that "Texas Emerges as the Favorite Place for Patent Trolls this Year" (as usual). To quote: "Texas Emerges as the Favorite Place for Patent Trolls this Year. Patent trolling is common but emergence of nearly half of all patent case filings from a single federal court district in a remote part of the country is something that is uncommon and unusual. But, same is the case with East Texas which has emerged as the single largest battle ground for most of the patent infringement lawsuits filed by various players and companies in the United States. According to reports around 44 percent of patent lawsuits have been filed in the Eastern District of Texas Court alone in this financial year which is a point to consider."

"We are going to say a lot more about patent scope in Europe and its impact."The sad thing is that there is hardly any talk anymore about US patent reform and the SCOTUS has just formally sided with patent monopolies by rejecting an appeal. To quote yesterday's report from Reuters: "The U.S. Supreme Court on Monday rejected an appeal filed by manufacturers of liquid crystal displays that are contesting claims that they infringe on a patent held by Eidos Display."

Where does it all leave us? Well, we spoke to a former EPO patent examiner, who told us it had become a big issue. This examiner wanted to send us a scanned version of Chapter 3 from the following recent book, which he thinks should generally interest us. "The title says it all," said this person, "Exclusions from Patentability -- How Far Has the European Patent Office Eroded Boundaries?"

We are going to say a lot more about patent scope in Europe and its impact. We shall do so some time in the near future. There are currently more urgent articles about the EPO in our pipeline. ⬆

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."
 
Anderon Is Not a Real Company, It's an IBM Bailout Dressed Up or Wrapped Up In Buzzwords
It certainly does seem like they receive money from taxpayers for nothing, or for IBM to do mass layoffs/closure at Albany under the guise of "making a new spinoff"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 10, 2026
IRC logs for Saturday, October 10, 2026
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
Links 09/10/2026: Stranded Busan Shark Still a 'Circus', Endangered Monkey Rescued, BBC Shells Out Money
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