Bonum Certa Men Certa

Software Patents Continue to Collapse, But IBM, Watchtroll and David Kappos Continue to Deny and Antagonise It

They even organise events to push their agenda

Lobbying for Watchtroll



Summary: The latest facts and figures about software patents, compared to the spinmeisters' creed which they profit from (because they are in the litigation business)

"L

atest [Section] 101 Statistics Show Improved Validity Prospects at Dist. Cts, Not CAFC or PTAB," said a patent attorney the other day, reinforcing our response to Mullin's article (titled "These three 2016 [CAFC] cases gave new life to software patents"). The reality in the US right now is undeniably bad for software patents, which are being chopped at PTAB's block and CAFC's block. Patent maximalists are trying to pretend otherwise and we repeatedly rebut their arguments, only to see these arguments resurfacing over and over again, courtesy of the usual suspects. If the lies are repeated often enough, then maybe prospective applicants (or clients in need of legal representation) will actually believe them.

"The reality in the US right now is undeniably bad for software patents, which are being chopped at PTAB's block and CAFC's block."The other day we saw this new article titled "Assessing USPTO's Memo On Software Claim Patent Eligibility"; we keep wondering if USPTO officials will become as rational and realistic as US courts. Right now they just strive to rubberstamp whatever they can and those who pay the price for it are both plaintiffs and defendants; only patent law firms profit from it.

“This method of presentation involves storing and processing applications or parts of applications at a user's local personal computer rather than at a remote server.”
      --PatentDocs
As a side note -- although an important note nonetheless -- we can't help but notice that IBM keeps trying to corrupt the system though its former Director, who had worked for IBM beforehand. IBM definitely used to be a (GNU/)Linux friend. Now it's just an Apple promoter/pusher and a malicious patent aggressor. Yes, IBM has been rather busy going after small companies using software patents. Some of these companies, seeing what a menace IBM is becoming, belatedly turn to PTAB in an effort to invalidate these patents of IBM. Here is one report about IBM's software patent that will quite likely be invalidated: "The '967 patent relates to a method for presenting applications in an interactive service featuring steps for generating screen displays of the service applications at the reception systems of the respective users. This method of presentation involves storing and processing applications or parts of applications at a user's local personal computer rather than at a remote server. This helps avoid possible server bandwidth issues that can be caused by the server being required to serve too much data to multiple users simultaneously. The '967 patent lists many applications that can take advantage of this method of presentation, including games, news, weather, movie reviews, banking, investments, home shopping, messaging, and advertising."

This is pretty trivial. It's akin to caching.

Now watch what David Kappos is cited as saying again. "US is losing the innovation war," he is quoted by IBM as saying, "to China" (where IBM finds buyers for its failing business units, notably Lenovo).

"Kappos is a paid lobbyist," Benjamin Henrion noted, "working for patent trolls such as Microsoft or IBM."

"IBM's Schecter would know," I replied, as "he's IBM's patent chief ^_^ so [he] has the 'receipts'..."

What we have here is IBM citing as 'proof' a former IBM staff who is now an IBM-funded lobbyist for software patents. Look how dirty (as in dirty play) these people are...

And as if the greater the number of patents, the better... who would be foolish enough to actually believe this?!

"China pushing for software patents," Henrion noted in relation to another Schecter tweet, "apparatus claims relating to software can contain both hardware and "program" components..." (links to "China Files A Million Patents In A Year, As Government Plans To Increase Patentability Of Software")

“Kappos is a paid lobbyist working for patent trolls such as Microsoft or IBM...”
      --Benjamin Henrion
China is their new bogeyman. One of these people added: "But USA keeps working on UN-patentability of software. What's wrong with this picture?"

Nothing is wrong with this picture. It's a good decision. End software patents, end patent trolls.

"China is plain wrong on this," Henrion wrote, separately noting (to Marietje Schaake regarding software patents in Europe) that it's "like the unitary patent lie that it won't affect software development."

On a final note, worth seeing is this rant from Watchtroll and 'gang' about end of software patenting (or demise thereof). "Stepping Back from the Cliff: The Year Congress Didn’t Cave to the Anti-Patent Lobby" says the title. They're currently taking stock of a terrible year for them [1, 2] -- a year which saw the demise of patent trolls. Watchtroll continues to attack PTAB for doing its job and we can't help wondering why IBM's Schecter treats this like some kind of ambassador for his cause. Does IBM really want to be so closely associated with Watchtroll, who even resorts to attacking judges?

For a more balanced summary of recent events, see "Year in Review: The Top-Five Legal Developments of 2016" (posted days ago). It has a section about software patents.

“...anti patent trolling would be better, even if trolling is considered pejorative.”
      --Benjamin Henrion
Those who are against software patents, notably people who actually write software, are not "anti-patent" as Watchtroll tries to put it. In fact, as Henrion put it, "anti-patent is a gross and blunt exaggeration here. [...] anti patent trolling would be better, even if trolling is considered pejorative."

Patent trolls, in the majority of cases, rely on software patents. Take the latter away to get rid of the former.

Recent Techrights' Posts

SLAPP Censorship - Part 80 Out of 200: Having Run Out of Time to Meet a Judge's Deadline, Microsoft's Graveley Had Garrett's Lawyers Argued My ~190-Page Defence and CounterClaim (DCC) Was Unclear About My Position
Nothing could be further from the truth
 
Links 18/05/2026: Slop-induced Shortages, Solicitors Regulation Authority Says It's Unable to Deal With Complaints Load (So Regulation Does Not Really Exist)
Links for the day
Gemini Links 18/05/2026: Ghost Essay and World Wide Web Considered Broken
Links for the day
Cooperation and Collaboration, on a More Personal Level
Rianne, to me, isn't just a wife; she is also my best friend
IBM Has Payroll Problems (Just Like Microsoft)
It's a good thing that many nations around the world are, accordingly if not proactively, divesting from GAFAM
Links 18/05/2026: 25 Years of OLDaily and Dangers of "Living With Too Much Tech"
Links for the day
Trips to London
London isn't a bad place, but it's a long journey and we'd rather stay in Manchester and write about technology
Working in the Shell (and Fish)
Yesterday we spent about 5 hours on the shells and fish
The Corrupt Lecture the Non-Corrupt - Part XXVI - Campinos Has Put Unfit-for-Employment Drug Addicts in Charge of the European Patent Office (EPO)
How many months has Campinos got left before the delegates show him the door?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, May 17, 2026
IRC logs for Sunday, May 17, 2026
Gemini Links 18/05/2026: Poetry, Sauna, and GNU Taler
Links for the day
"The Society of Media Lawyers" (UK) is a Truly Malicious Anti-Media Lobby Which Helps Rich/Abusive Americans and Hostile Countries Attack Actual Media Workers in the UK
They typically source their money from aboard to besiege domestic actors (like honest journalists or independent outlets that document suppressed beats/topics)
Slop Still Waning, Its Momentum is Driven by Companies That Stand to Lose a Lot (or Everything) When the Bubble Pops
When it comes to LLM slop disguised as news, it's just not working out
Gemini Links 17/05/2026: arXiv Brings Down the Hammer, UnderPOWERed, and Slopping With Tcl/Tk
Links for the day
Links 17/05/2026: Amazon Employees Herded Into Slop, Taiwan Sold Down the River by Cheeto
Links for the day
Links 17/05/2026: Society of Media Lawyers (Brett Wilson LLP et al) Lobby for More SLAPPs in the UK, “Courage in Journalism Award” Given in Oppressive Country
Links for the day
Finland Needs to Dump Microsoft (Microslop) for National Security Reasons and the Same is True for Hundreds of Countries
"I don't see why Ryssäs would want Finns to use microslop products..."
Cyber Show UK is Already Available Over Gemini Protocol
This past week the total number of active Gemini capsules hit all-time records several times
Fight Til the End
This comes to show that persistence pays off
SLAPP Censorship - Part 79 Out of 200: They Will Soon Reach the 100 KG (Kilograms) Milestone; Wheelbarrows, Not Justice (Quantity of Legal Papers Sent to Us)
It's about the quality, not quantity (unless your sole aim is to drown out or "flood the zone")
The Corrupt Lecture the Non-Corrupt - Part XXV - Not Bringing Intelligence to the EPO, Not 'Artificial Intelligence' Either (But Intelligence-Eroding Drugs)
The EPO was meant to be about science and law. In practice, however, it's about breaking the law and being stoned.
The Cyber Show on Why Coding is Important and Slop Cannot Change or Replace That
Hand-crafting one's site has plenty of advantages
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, May 16, 2026
IRC logs for Saturday, May 16, 2026
Gemini Links 17/05/2026: Music Theory, Reticulum Git Repos, and Releasing Kiln
Links for the day
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding