Bonum Certa Men Certa

Alice (€§ 101​) So Big a Concern to Patent Lawyers and Software Monopolists That Lobbying Campaigns and 'Conferences' Emerge to Crush or at Least Marginalise/Limit the Courts

Changing the law with think tanks and lobbyists

Fordham IP Conference
Featuring Microsoft-sponsored 'speaker' (lobbyist), David Kappos for software patents and against €§ 101



Summary: Right now there is growing uncertainty over software patents and even US courts, including the highest such court (the Supreme Court), are such a threat to patent aggressors which utilise software patents to startle or bankrupt their competitors that a propaganda campaign becomes widespread

THE USPTO does not wish to comply with courts' will. The US patent system is so greedy that it continues to grant a lot of software patents, even when most of them, once properly challenged in a court using Alice, get invalidated. There are still the occasional patent cases where in spite of Alice the software patents survive. One such case has just been covered here and it says: "The court denied defendant's motion for summary judgment that the asserted claims of plaintiff’s network security patents encompassed unpatentable subject matter and found that the claims were not directed toward an abstract idea."



"The US patent system is so greedy that it continues to grant a lot of software patents, even when most of them, once properly challenged in a court using Alice, get invalidated."Meanwhile, patent maximalists are bemoaning the new post-Alice reality, quoting lots of other patent maximalists or lawyers. "It’s getting harder to patent software," says the headline of this new article. Well, this sounds like excellent news. Software algorithms should never have been patentable in the first place. The author says: "Software patents have been under increased scrutiny for several years due to their malicious use by non-practicing entities, or patent trolls – persons or companies that do not necessarily invent or manufacture anything, but that purchase patents, often from bankrupt countries, and subsequently sue others for infringement."

Composed by Charles Bieneman, another new article asks, "How Do Biotech Patent-Eligibility Cases Speak to Computer Patent-Eligibility Cases?"​

"They're trying to put an end to invalidations under 35 U.S.C. €§ 101 and they're funded by large corporations to do so. Their clients (including Microsoft) pay them to mislead politicians and to lie to the public."To quote the opening paragraph: "The Federal Circuit recently held that a claim of U.S. Patent No. 5,612,179, reciting “methods of detecting genetic variations” was directed to unpatentable subject matter under 35 U.S.C. €§ 101. Genetic Technologies Ltd. V. Merial, LLC, Nos. 2015-1202, 2015-1203 (Fed. Cir. April 8, 2016). Anytime the Federal Circuit weighs in on Section 101 patent-eligibility, those of us in the patent bar scramble to comprehend the potential impact to pending patent applications and issued patents alike. For those of us who practice in the computer area, the question arises: how are we informed, or are we informed, by a holding concerning patent claims directed to genetic analysis?"

It's always noteworthy when CAFC throws away patents like these because software patents originally came from CAFC. Notice the trend now. The courts which once supported software patents no longer do. It must be a scary time to be a patent lawyer in this particular area/domain.

In his final part (part of a long paper), Robert Sachs (patent lawyer) makes it clearer that he was just pushing for software patents all along. To quote his final words: "The fictional form of the mental steps doctrine represents a significant and unwise departure from the factual form. The fictional form is untethered from the conceptual and technological attributes of computer design, the nature of human cognition, and the practical reality and value in computer-implemented inventions. The courts should return to the doctrine’s factual form, and avoid a further descent into the fact-free analysis that now characterizes patent eligibility."

"One sure thing is, software developers are absent/left out of this whole debate."This is becoming similar to the infamous whitepaper from David Kappos and his recent lobbying for software patents. They're trying to put an end to invalidations under 35 U.S.C. €§ 101 and they're funded by large corporations to do so. Their clients (including Microsoft) pay them to mislead politicians and to lie to the public. Watch another new example of lobbying for software patents, again taking the shape of a "conference", just like those funded by Microsoft nowadays [1, 2]. As Cathy Gellis put it: "At this conference on IP in software there's not nearly enough discussion on WHY ON EARTH DO WE NEED IT."

"Judge Dyk acknowledges that patent law is not limitless, and that patentable subject matter should not be completely unbounded," Patently-O noted the other day.

Who's going to win? The courts, the USPTO, or lobbyists and their affluent clients? One sure thing is, software developers are absent/left out of this whole debate. It's quite a travesty really.

Recent Techrights' Posts

The Gerstnerisation of Microsoft: Seventh Wave of Microsoft Layoffs (Over 20,000 to be Cut) Allegedly Going to Start Shortly, Probably Start of Next Week, Microsoft Spreads Chaff and Noise Before the Big Axes Fall
we might be looking at about 50,000 people that Microsoft gets rid of this year
GNU (and the FSF) Still Changing the World
Today, in 2025, GNU powers almost everything
Military-Grade Anti-Linux Microsoft Propaganda Using Microsoft LLMs in Fake 'News' Sites (Slopfarms)
This is part of a pattern
Rust is Starting to Seem More Like Microsoft-hosted "Digital Maoism", Not a Legitimate Effort to Improve Security
Maybe this is very innocent, but they seem to have taken a solid, stable program from a high-profile Frenchman and looked for ways to marry it with GitHub, i.e. Microsoft/NSA
 
European Patent Office (EPO) Faked "Revenue Expansion" by Granting Loads of Invalid, Illegal Patents; Staff Still Wants to Know Where That Money Went
Only about 30% of the EPO's patents are for EU entities/people
Links 09/05/2025: TeleMessage Blunder, More Distractions From Impending Mass Layoffs at Microsoft
Links for the day
Links 09/05/2025: Analog Computer and First time at FOSDEM
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 08, 2025
IRC logs for Thursday, May 08, 2025
Links 08/05/2025: Mass Layoffs at Google Again, India/Pakistan Tensions Continue to Grow, New Pope (US) Selected
Links for the day
"Victory Day" - Part I: That is the Day Microsofters Who Assault Women Pay for Their Actions in Foreign Land (Using "Guns for Hire" Who Attack Their Own Country for American Dollars)
Adding a friend from Microsoft to the docket didn't help
Gemini Links 08/05/2025: Practical Gemini Use Case, Shutdown of the Blanket Fort Webring
Links for the day
Links 08/05/2025: "Slop Presidency", US Government Defunds Public Broadcasting
Links for the day
Lasse Fister, Organiser of Libre Graphics Meeting, Points Out the Code of Conduct is Likely Violated by the Same People Who Promote Codes of Conduct (and Then Bully Him Into Cancelling a Keynote)
I am starting to see Lasse Fister as another victim
LLM Slop Attacks Not Only Sites of Free Software Projects But Also Bug Reporting Systems (Time-wasting, in Effect "DDoS")
Microsoft, the leading purveyor and promoter of slop, is a cancer
The Richard Stallman (RMS) "European Tour" Carries on In Spite of the Nuremberg Incident
Some people spoke about how they saw yesterday's talk
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 07, 2025
IRC logs for Wednesday, May 07, 2025
The CoC Means the Founder of GNU/Linux Cannot Talk and a 72-Year-Old Man With Cancer is Somehow a "Safety" Risk?
Those who don't like RMS are not forced to attend his talks
Gemini Links 07/05/2025: A Shopping Spree and Digital Gardening
Links for the day
Links 07/05/2025: Pegasus Guilty and a Path Towards EU Without Russian Energy
Links for the day
People Used to Talk
If pets can live a measurably happy life without gadgets and "apps", why can't humans?
Outsourcing GNU/Linux to Microsoft GitHub Promoted by Microsoft LLM Slop and Army Officers
Something doesn't seem right
Weaponisation of For-Profit Dockets - Part III: No More Media Lawsuits From Brett Wilson LLP This Year, One Can Only Guess Why
People leak a lot of material to Techrights because they know, based on the track record, that the sources will be protected and whatever gets published will stay online, in full, no matter how stubborn an effort (even lawsuits and blackmail) will be sent its way
Gemini Links 07/05/2025: Adopting GrapheneOS, Further Enshittification of Flickr
Links for the day
Links 07/05/2025: CISA Gutted, Debt-Saddled (Likely Insolvent) 'Open' 'AI' (Proprietary Slop) Faking Its Financial State Again
Links for the day
Finland, Lithuania, and Latvia Fortify Their Digital Border With GNU/Linux
This month's data from statCounter is particularly interesting near the Baltic Sea
The European Patent Office (EPO) Has a Very Profound Corruption Issue, Far More Urgent an Issue Than Pronouns
a rather long document
Richard Stallman Gives Public Talk at Technical University of Liberec, Czech Republic
"For programs that you could run, and for network services that could do your own computing, under what circumstances is it reasonable to trust them?"
Today We Turn 18.5
The eighteenth "and a half" anniversary
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 06, 2025
IRC logs for Tuesday, May 06, 2025