Bonum Certa Men Certa

Hope at the End of the Tunnel as More Software Patents Are Squashed in the US

Where there's light there may be justice (unlike at the USPTO, where profit trumps justice)

Hope at the End



Summary: A roundup of patent news regarding software in particular, with concerns about quality control both at the USPTO and the EPO

BEGRUDGINGLY but inevitably the USPTO will need to realign as per the SCOTUS' rulings and stop issuing abstract patents on software methods. This is definitely going to upset a lot of patent lawyers, but it's not them who set the rules (they're not objective as they have their own motivations, usually just money, not science). Gene Quinn has just gone bonkers again. He wants examiners in patent offices to be replaced (almost) by just a filing system and based on today's IAM-hosted words of 'wisdom', the EPO may be sinking to Turkish patent standards, or looking for middle ground where there's a "post-grant opposition system" (grant first, ask questions or sort out the mess later).



"What we have in common here is declining quality control at patent offices."Based on this new article by Jakob Pade Frederiksen at MIP, the EPO's "Appeal Board condemns examination delay" (that's the headline). How about more than 12 years? Consider the following paragraph: "While the recently released EPO performance statistics for 2015 show an increase in the number of grants compared to the previous year and a decrease of backlog of searches by two thirds, delay in examination of pending cases is still of concern to some. A recent appeal decision rendered in the field of computer implemented inventions reveals that excessive examination delays do not amuse the Boards of Appeal. More specifically, in decision T 823/11 rendered in December 2015, Board 3.5.07 has ruled that duration of examination proceedings of more than 12 years must be regarded as excessive and amounts to a substantial procedural violation."

What we have in common here is declining quality control at patent offices. It's all about the money! And whose? But at the same time the courts compel the offices to admit their errors. Let's look at some recent court cases. 2 days ago we mentioned Sequenom, which we had also mentioned last year and in 2014. Sequenom, based on this new report ("Sequenom Asks the Supreme Court to Clarify the Limits on Section 101"), is freaking out after SCOTUS eliminated many abstract patents. Based on this patent lawyer, on the other hand, "US Pat 8,180,858, Survived 101/Alice Attack in Delaware" (words like "Survive" and "Attack" make it sounds like "Alice" is a ruthless warrior rather than SCOTUS fixing patent law). "Prior Stats Were 8/10 Alice Kills," notes the same patent lawyer, still associating software patents that got invalidated (because they're bogus) with death. To quote the thing in full: "J. robinson of Dist. Ct. of Delaware Rejected 101/Alice Arguments in 4 decisions issued in past week; Prior Stats Were 8/10 Alice Kills" (meaning, the large majority of them are invalided by Alice when properly challenged in a court of law). One software patent can do a lot of damage in the United States; that is what I told this lawyer regarding this tweet ("US Pat 6,928,433, Apple Paid $100M for Infringing; Asserted Against 7 Others") as it reminded me of other such Apple cases (the patent owner/assignee is Canadian in this case, just like i4i). All in all, wrote this lawyer, "11% of Patent Reexams Appealed to Beijing IP Ct. Were Reversed; 11% of PTAB Decisions Appealed to Fed. Cir. Have Been Reversed." We actually consider this patent lawyer to be a "good guy" because he is quite honest and looks at the breadth of things, unlike people who read or write IAM 'magazine'.

"The USPTO wants no legal challenges because hey, who needs quality control anyway?"In other news of interest, the Court of Appeals for the Federal Circuit (CAFC) has just demolished a gaming patent based on the aforementioned criterion. To quote a lawyers' site: "Under 35 U.S.C. €§ 101, patent-eligible subject matter is defined as any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, with the caveat that laws of nature, natural phenomena, and abstract ideas are not patent eligible. The purpose of the exceptions is to prevent patents from preventing access to “the basic tools of scientific and technological work.” The examiner rejected the claims as directed to patent-ineligible subject matter under 35 USC €§ 101, taking the position that the claims were directed to an abstract idea as the claims attempted “to claim a new set of rules for playing a card game.”"

On the other hand, or by contrast, "Computer Modeling Breast Prosthesis Survives 12(b)(6) €§ 101 Challenge," said another site, also one that's in the patent maximalism fold. Speaking of this fold, Lexology has just reposted two articles that we mentioned here some days ago [1, 2]. They amplify the patent maximalists' messages (usually patent attorneys). Patently-O has been relatively quiet over Easter, but yesterday we found this update about the USPTO, where patent maximalism is embedded because of profit motives. To quote Patently-O: "The U.S. Government has also filed its responsive merits brief. The brief appears to be a joint effort of the Solicitor General (DOJ) and the USPTO and does a solid job of justifying its positions [...] The PTO is looking for a strong decision in this case to effectively shut-down the myriad challenges it is currently facing."

"They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it."The USPTO wants no legal challenges because hey, who needs quality control anyway? A lot patent lawyers (or their clients) just want it the easy way; they want to bombard the system with patents (not applications) and not ever face rejection. Wild West. Now there's a whole new software 'industry' dedicated to fooling patent examiners into accepting bogus applications. That's just another arms race and the potential gains are big (at someone else's expense). To give this new example from MIP: "A jury in the Northern District of California has ordered Gilead Sciences to pay $200 million in damages for infringing Merck and Ionis Pharmaceuticals patents for compounds and methods used to develop medicines for the treatment of hepatitis C, including Sovaldi and Harvoni."

So a massive company, Merck, will get to keep its prices artificially high while destroying a smaller company and taking away its money. They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it. So much for 'innovation'.

Remember what patent offices were conceived and created for. Have we not lost sight of that?

Recent Techrights' Posts

IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
 
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day