Bonum Certa Men Certa

Correcting Bias in Patent Law Firms' Articles About Software Patents, Advice to Small Businesses, and Letting Machines Generate Patents

Those who profit from war aspire to see more of it (the more, the merrier) and the same goes for patenting

War is a racket
Reference: War Is A Racket



Summary: Patent profiteers continue to mislead the public, even small and cash-strapped businesses, about patents, in an effort to get more and more patents out there, yielding wars (litigation), saturation of weapons (too many patents to keep track of without some dedicated attorneys), and a generally terrible system which rewards aggressors, not innovators that are genuinely productive (construction as opposed to destruction of perceived rivals)

This morning we spotted a very misleading headline, courtesy of Luciano Ricondo from Ladas & Parry LLP. Software patents are not patent-eligible anymore (or hardly so, even if the USPTO accepts them before they reach a high enough court that tosses them out), but this article is just the typical listing of very exceptional cases where CAFC somehow accepted a software patent or two (an appeal can still have these invalidated). Why are we still seeing such articles? Just look who the authors are, they try to sell their services.



A corporate partner at Kemp Little currently sells snake oil, including patents, to cash-limited SMEs that ought to focus on producing and selling products, not reading and producing paperwork. Andy Moseby called this "legal advice for small businesses", but it seems more like shameless self-promotion that would have small businesses pay a lot of money for lawyers (to receive bad advice that then necessitates more of these lawyers).

"In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway)."Secrecy rather than patents may work better sometimes and considering the breadth of patents out there, it's more likely that a small company will get sued (or extorted by a patent troll) than be in a position to sue some other company using a patent or two. It's just expensive and risky. In fact, this new article from Asterion Inc (US) stresses "the advantages of trade secret litigation," highlighting it as a better option than patent litigation. In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway).

The discussion about software patents in New Zealand, a common ground for lobbyists of firms like IBM and Microsoft, seems to be back with this report about "[p]ossible changes to NZ divisional patent practice". We haven't quite heard of it elsewhere, but thankfully, as far as are aware, the country has no software patents or a trolls epidemic -- something which there's a growing number of instances of in Europe (thanks, EPO!) and fewer in the US, owing to much-needed changes at the USPTO.

"The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation."A subject which we mentioned not too long ago was the use of machines not only to examine patents but also generate and file patents. A bunch of computers generating patents to be examined by other computers would result in billions of crappy patents that only computers can process (and make no sense of anyway). A Web site called Futurism has just published an article about that ("When an AI Invents Something, It Should be Credited as the Inventor"). Well, patents are a dime a dozen now (low quality), with about 10 million of them in the US alone, so machines are already needed to deal with the chaos/maze, based on this new article from Innography Inc (US). We need stop patent maximalism because it renders the whole patent system too chaotic for people to keep abreast of (even just in their own field/domain) and it leads to a lot of litigation, patent thickets, etc. Maybe one day there will be a proportion of patents that is computer-generated and people won't be able to distinguish these from 'real' patents crafted by actual humans. Then, other issues may crop up, for instance the existence (or inexistence) of an actual investor. Today there's this new article which says: "Normally, if Client A and Lawyer A have a confidential communication, disclosure of it to a third party waives any privilege. However, if Client A and the third party have a “common interest,” there is no waiver. So, for example, if a licensor communicates with patent prosecution counsel for the licensee about prosecution of a foreign counterpart of the licensed patent, there might be a privilege."

A system wherein there's just a bunch of machines talking to one another would completely distort the very notion of innovation. What would be the point of such a system?

The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation. Only a clueless, antiscientific, deranged individual like Battistelli would make quantity rather than quality the primary goal, while at the same time pondering (allegedly) replacing examiners with machines or giving up examination altogether (so any machine can automatically generate as many patents as it's capable, even if it's all gobbledygook).

Recent Techrights' Posts

XBox Consoles Nearly Dead by Now, the 'XBox' (ex-Box) Brand Now Stands for Something Full of Slop, Spam, Filler, and Chaff
We're seeing the last day (maybe year) of "XBox"
Fake IBM Retirements (IBM Gives Older Workers Ultimatums, Deadlines, and Carrots on Sticks)
As they point out, IBM is desperate to lower costs
 
Fewer Involuntary Interruptions This Year
This year we're doing much better
Prisons Are for Dangerous People Who Pose a Threat to the Public, Not People Who Inform the Public
At the end of the week EPO workers go on strike
Microsoft Loses Grip on Indian Ocean
Many countries, including in older allies of the US (such as Canada and the US), look for ways to get out of Microsoft dependence urgently
The Great "AI" CON Explained by Dr. Andy Farnell
LLMs are basically advertisers of sorts
Links 26/01/2026: "Journalists Detained", in Germany "Unjustly Jailed Man Gets €1.3 Million Compensation"
Links for the day
Red Hat Quietly Going Extinct After Bluewashing in 2026
At this point it would be rather foolish to assume that IBM will let Red Hat just "do its own thing" or maintain its corporate culture, identity, projects etc.
The "Alicante Mafia" - Part XII - Kris De Neef and Roberta Romano-Götsch, Who Stepped in for the Cokehead, Have No Comment on His Cocaine Usage (and the EPO's Cover-up)
Sh-t floats to the top.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 25, 2026
IRC logs for Sunday, January 25, 2026
Gemini Links 26/01/2026: Cold Perception, Software Patches in NixOS, and Sunk Cost Fallacy
Links for the day
Linuxiac is Basically a Fake News Site, But It's Being Fed by Google News
Because Google News is run by Google, a slop pusher
Links 25/01/2026: Slop "Tribalism", Nike Apparently Cracked
Links for the day
Claims That PIPs Are Abused for Silent Mass Layoffs at IBM (Without Severance) or Forced Retirements
Performance Improvement Plans (PIPs) "clearly bogus as everyone on my team who has been on one has been fired"
WebM Version of Richard Stallman's Latest Talk (Georgia Tech Talk)
The file size is smaller
After Half a Decade Vista 11 is Still a Giant Failure
Don't expect Microsoft to gain a foothold
Details on IBM Layoffs in the EU Last Week, Same Allegedly Coming to the US Shortly
"Around 50 people affected in Belgium."
Technology Trends Driven by DRM Giants, Planned Obsolescence, Not the Needs of the Buyers
The "pushers" think of customers as "users"; and they encourage passivity, Stockholm Syndrome
Links 25/01/2026: Microsoft BitLocker Backdoored for Decades Already, Microsoft-Backed ICE Still Murders Civilians
Links for the day
Gemini Links 25/01/2026: "Expert in a Dying Field" and Global Commands
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, January 24, 2026
IRC logs for Saturday, January 24, 2026
After the Slop Bubble
At the end, looking back, we'll all generally understand that the net effort of slop was environmental destruction
IBM CEO Says IBM is Just Reliant on Buzzwords That Are Overhyped
IBM has nothing to show anymore and telling fairytales to shareholders is a temporary 'fix'
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026