Bonum Certa Men Certa

The Horrible State of the US Patent System With Its Infamous Software Patents and the Latest Deception From Patent Lawyers-Dominated Media

Sheep can be bamboozled by the patent wolves in sheep clothing

Sheep and wolf



Summary: A roundup of recent articles about software patents and how media which targets patent lawyers (and is often managed and authored by them) covered the subject

THE US patent system has attracted worldwide ridicule for patent trolls and for low-quality patents. It got a lot worse in recent years as the number of granted patents doubled (without innovation actually doubling). A new article by Daniel Nazer from the EFF, who dunked his article in at least a couple of places [1, 2], is putting to shame a software patent. "This month," he wrote, "we feature yet another patent that takes an ordinary business practice and does it on a computer. Our winner is US Patent No. 8,738,435, titled "Method and apparatus for presenting personalized content relating to offered products and services." As you might guess from its title, the patent claims the idea of sending a personalized marketing message using a computer."



"Who benefits here other than the patent 'industry'?"These patents tend to be as trivial as they sound. No wonder a lot of patent trolls strike everywhere and people are shocked by the poor patent quality at the USPTO, where almost every patent application is now successful. To invalidate patents in a court it costs a lot of money, so settlement is often a lot cheaper, even when the patent at hand is provably bogus. Consider Apple's "Slide-to-Unlock" patent, which we wrote about before (even years ago). Apple's latest patent loss was covered by Professor Dennis Crouch a few days later and IAM meanwhile showed that it's rather upset because phones are to be sold at a price less than patent tax (‘royalties’). This massive patent tax, which can artificially bring the price of phones up to $1000 apiece, helps patent laywers and maximalists. Why did it take so many years for the courts to finally be convinced that the stupid "Slide-to-Unlock" lunacy is not patent-eligible? Will Apple appeal (or petition to appeal), ensuring this drags on in the courts for several more years to come? Who benefits here other than the patent 'industry'? Who foots the bill if not Samsung, which can pass down the cost of litigation to customers?

"They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists."The patent maximalists have just noted "a record year [2015] for" realisation that many patents granted by the USPTO should never have been granted in the first place. It's about PTAB, which we wrote about the other day. "This is the year the US patent pendulum swings back," said another new headline from patent maximalists, noting: "It’s been tough going for patent owners in the US over recent years, with legislation, the courts and the Patent Trial and Appeal Board at the USPTO increasing uncertainty over validity and enforcement; this has reduced the incentives alleged infringers have to make deals, while also pushing down patent values. Now, though, things may be about to change..."

They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists. "Examiner's comment regarding use of DDR Holdings in 101/Alice rejection," was noted by Patent Buddy the other day, "everyone argues that case and we don’t know what it means."

"Objective analysis or salesmanship?"Another site of patent maximalists (although a more restrained one when it comes to that) took note of PTAB and asked: "Does the Patent Act permit the Patent Trial and Appeal Board to make inter partes review institution decisions?"

In simple terms, all the above are very much concerned about the ability to kill patents even without them being brought before a court (patent litigation). What we strive to show here is the sheer bias, where those who profit from patents but don't actually make anything bemoan the new reality (post-2012 and post-2014, one being a reform and the latter being Alice at SCOTUS).

Trying to get software patents in Singapore? Well, as viewed from patent maximalists' eyes (MIP), that's all fine and dandy. Trying to get software patents in Korea? HANOL Intellectual Property & Law is trying to help with its 'opinions' and 'articles'. The situation is explained by patent lawyers in Korea. Objective analysis or salesmanship?

"We blame this on self-serving patent lawyers steering it all, from media to policy."Looking at IAM, another one of those patent maximalists' sites, even the Chinese patent bubble is noted there [1, 2]. Surely they hope that not only Europe but east Asia too will follow the terrible model of the US patent system. Here they are fawning and drooling over patent trolls in Europe -- trolls from whom they can make money. Patent thickets and patent taxes are being broadened even further with all sorts of aggregates like WiLAN, so patent lawyers show some glee (with revenue steams like these, what lawyers would not be jubilant?) and say: "This deal comes amid what has been a transformative period for WiLAN. Last June it acquired a portfolio of around 7,000 assets formerly owned by Qimonda. It followed that by announcing that it had agreed a privateering deal with Freescale Semiconductor in which Freescale agreed to transfer more than 3,300 patents to the NPE" (it means patent troll).

There is so much misinformation out there about patents. We blame this on self-serving patent lawyers steering it all, from media to policy. Technical people must at least try to get involved and get the record straight, otherwise they'll get harmed.

Pieter Hintjens, the former President of the FFII, said some days ago: "A lesson I learned many years ago, fighting software patents: if your communities don't do politics, politics will do you." He then added: "To do politics: identify your enemy, understand them, then raise their costs to an unbearable level."

Recent Techrights' Posts

Newer is Not Better, Lunar Edition
Maybe in 57 years (2083, after all these wars) we'll managed to launch a capsule with a human and a dog above the stratosphere again
 
Microsoft: Move Over, XBox, Slop is the New "Entertainment" and We Demote Our "Entertainment" CEO
Marketers, marketers, marketers, as a CEO called Ballmer put it
linuxbuz.com is a Slopfarm, It Depends on LLMs
In the more distant past it could be said that linuxbuz.com was an OK site
Links 07/04/2026: Patent Trolls Leigh M. Rothschild, Bolstered by GNOME and OIN, Continues to Attack; ‘Retaliatory Antitrust Suit’ by MElon
Links for the day
Gemini Links 07/04/2026: Copyleft Revisited, Killing Linux Processes With FZF
Links for the day
It Would be Good for Debian to Have a Female DPL, But...
Debian isn't exactly selecting people for quality or policing bad behaviour
IBM Insiders Say What's Wrong With IBM in Albany (and Yes, There Are Layoffs)
promotions boil down to what insiders now call "brown-nosing" and nepotism
After Killing OpenSource.org IBM Together With OSI Told Us It Would Carry on OpenSource.net, But the Site Has Been Essentially Dead for 9 Months (Effectively Abandoned)
OpenSource.org has been dormant for 4 weeks already and OpenSource.net last had a new page 9 months ago (it'll be 9 months tomorrow) [...] That's IBM in a nutshell
A Lot of What Happened to OSI is Because of Reporting by Techrights
Half a year since Stefano Maffuli (Executive Director) "left"
Public Presentations by RMS Hardly Interrupted Anymore
We'll carry on covering those sorts of topics throughout the year
Links 07/04/2026: US Wants to Put Journalists in Prison for Reporting Facts, Artist ‘Bale’ Arrested Over Rape Allegation in Social Control Media
Links for the day
To IBMers, IBM Has Failed and is Fast Becoming a Book of Jokes and One-Word Punchlines
How else can one make it obvious that IBM is circling down the drain?
"AI Revolution" Was a Lie: Microsoft CEO Admits What He Calls "AI" is Sometimes Sloppy and Microsoft Admits That Slop is for "Entertainment Purposes Only" (Not for Any Serious Work)
if it gets "memory-holed", we can bring it up again and again
Social Control Media is Not a Viable Business Model
The future of the Web might not be the Web
From Datacentres Boom to Actual Booms That Target Datacentres, Now Struggling to Justify Humongous Energy and Water Consumption
Datacentres that are used for mindless "entertainment" (as Microsoft calls it) like slop are not a priority at this time
Gemini Links 07/04/2026: Aircraft Lift Force, Editor History, and Consumer Hardware Stagnation
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 06, 2026
IRC logs for Monday, April 06, 2026
What Matters is Software Freedom, Not the Brands
The important thing is to speak about Software Freedom
Wikileaks is About to Turn 20
~2 days ago it turned 19.5
The Cloud of Smoke
Will 2026 be the year that "The Cloud" openly confesses the risks it brings about?
SLAPP Censorship - Part 36 Out of 200: Claim KB-2024-003529 in a Nutshell (Microsoft Employee Does Terrible Things, Then Sues the Reporter in Another Continent)
It commences with more of an overview
Gemini Links 06/04/2026: Solar Panel Story and Centralisation
Links for the day
"Free Speech, Free Press": What the World Needs to Improve
Darkness breeds corruption
IBM prioritises a "lot of smoke and hype and use of trending buzzwords"
IBM can pretend all it wants things are fine
GAFAM Paying the Price for Pursuing US Military Money (Taxpayers' Money as 'Stimulus' With Strings Attached)
The "cloud" in cloud computing is a cloud of smoke
Observing Slop's Demise
If energy becomes more scarce, then one rare/side perk (or upside) will be slop companies screaming for lifeboats
Links 06/04/2026: Crackers Breached the European Commission, Why "Old Way of Campaigning Won’t Cut It Anymore"
Links for the day
Enron Versus NVIDIA (the Cost of Circular Financing, or Funding Your Own Customers to Buy Your Products) - “The Inventory Paradox” or “The Vibe Revenue Admission”
Round-tripping (finance)
You Know "The Economy" is Fake When 6 Months After Oracle Says Debt-Saddled 'Open' 'AI' (Slop) Will Pay It $300,000,000,000 Oracle Says It Must Lay Off 30,000 Workers at 6AM
Oracle is in deep debt, which increased at a pace of almost 4 billion dollars per month lately
Free Software Will Outlive GAFAM
GAFAM is overhyped
Techrights Was Further Decentralised Three Years Ago
In 2020 we began working on IPFS stuff
The Military Attacks on Dubai Internet City as Reminder That GAFAM Isn't Safe (Disregard the "Nobody Gets Fired for Buying GAFAM" Mindset)
These are all realistic and foreseeable scenarios that GAFAM sceptics have long warned about
The Wars Aren't Ending, Now We See GAFAM Facilities Being Bombed
This is becoming a tech issue
Links 06/04/2026: Turning 34, Throwing Things Away, and Printing in GNU/Linux
Links for the day
Links 06/04/2026: Ex-Microsoft Engineer Explains Why Azure Fails, Germany Prepares for War
Links for the day
EPO "Cocaine Communication Manager" - Part XI - EPO Strike Enters Its Second Week, EPO Sheds Off Qualified Staff to Make Way for Nepotists
More than six months ago the "Cocaine Communication Manager" got arrested for cocaine use
Another Microsoft Outlook Downtime
Microsoft has sloppy code, it's not something suitable for mission-critical things
Week 2 of April IBM Layoffs Accelerate Based on Rumours
"Heard about Layoff at IBM"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 05, 2026
IRC logs for Sunday, April 05, 2026
Culture of Harassment Inside Microsoft, Says Former Director at Microsoft
listen to Microsoft insiders
Drone Strikes on Amazon (GAFAM) Datacentres Highlight Azure's Miniscule Share
Azure is failing
SLAPP Censorship - Part 35 Out of 200: How to Make ~10,000 Pound Sterling (13,220.50 United States Dollars) by Copy-Pasting and Editing 10 Pages
Today it's Easter Sunday, so we'll keep this part relatively short
Gemini Links 05/04/2026: Artemis II Mission Tracker, Meditation on Copyright, Alhena 5.5.5, "Gemini as the Final Frontier of Human Cognition"
Links for the day
Microsoft Windows Falls to All-Time Low of ~60% in Switzerland, GNU/Linux Among Top Gainers
What will it take for mainstream media (not just geeks' site) to cover it?
Mainstream Media on "Practical Survivalism"
Suffice to say, panic buying begets more panic and price surges
Cloud Computing as a Cloud of Smoke (Your Hosting Provider is a "Legitimate" Military Target)
When a French datacentre went up in flames people joked that the "cloud" meant a cloud of smoke
Andreas Tille Congratulates Sruthi Chandran Before the Election for Debian Project Leader (DPL) is Even Over
Andreas Tille, the current Debian Project Leader (DPL) who has been in this role for nearly 24 months
When You Try to Change the World for the Better and Somehow They Find a Way to Say You Are the Villain
Don't be a fool. Don't fall for inversions of narratives.
Slop Was a Flop and Energy Crisis Will be Slop's Final Blow
Today we see no slopfarms in Google News
Links 05/04/2026: "Taiwanese Airlines to Hike Fuel Surcharges 157%" and Openly Racist Voter Suppression Starts in the US
Links for the day
Gemini Links 05/04/2026: Playing with Hyprland and Migrating Antenna Filters
Links for the day
Links 05/04/2026: "Confidential Computing" as Proprietary Bundle of False Promises and "The Web Is an Antitrust Wedge"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 04, 2026
IRC logs for Saturday, April 04, 2026