07.25.17

Gemini version available ♊︎

In 2017 Software Patents Are Barely Valid in the United States

Posted in America, Patents at 8:23 am by Dr. Roy Schestowitz

Summary: Today’s simple reality is, even if the USPTO grants (or granted) a software patent, the prosecution certainty is notoriously low

THE past two days were spent covering Alice-type cases from the summer (so far, i.e. late May to present). As we showed, software patent cases where the patent/s got accepted/upheld were so rare; we found just one example and it was from a low court. It certainly seems sane to say that software patents lost any momentum and/or potency. Not many patent holders would be brave enough to litigate with these. Sometimes — even increasingly — the plaintiff is forced to pay the defendant’s legal fees, too.

A week ago there was this press release about Clay Cover. “He holds four software patents and has three more pending,” it said. So they’re probably worthless after Alice. Not so much to brag about.

“Unless one can settle out of court (i.e. the patents not examined by a judge at the PTAB or assessed by a court), the likelihood of software patents accomplishing anything is very low.”Last night a Microsoft-connected site wrote about Facebook and Snap, saying that the latter “Desperately Tries to Prevent Copycats” [1, 2] (copied elsewhere later, to another domain). “Ultimately,” it argued, “the hires will probably do little to nothing to stop Facebook from copying. Think about all the controversy surrounding software patents over the decades. This is an issue that the tech industry has tried to grapple with since the 1960s, with no clear conclusion. Software patents typically cover a specific way to implement an idea, not the idea itself; some argue the idea should be included in the patent. The Supreme Court ruled unanimously in 2014 that “abstract ideas” cannot be covered by a software patent.”

Yes, that’s a good thing.

Unless one can settle out of court (i.e. the patents not examined by a judge at the PTAB or assessed by a court), the likelihood of software patents accomplishing anything is very low. This is why patent trolls, for example, tend to target small businesses that cannot afford going to court or have too small an incentive going to court (the settlement or ‘protection’ money tends to be proportional to the size of the business).

So, as long as software patents still exist (even if they are worthless) the trolls can still operate. We need them stopped too. TC Heartland is one small step towards that, but we wait for the giant leap.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. What IBM Does Not Want You to Watch

    Let's 'Streisand it'...



  2. Good News, Bad News (and Back to Normal)

    When many services are reliant on the integrity of a single, very tiny MicroSD card you're only moments away from 2 days of intensive labour (recovery, investigation, migration, and further coding); we've learned our lessons and took advantage of this incident to upgrade the operating system, double the storage space, even improve the code slightly (for compatibility with newer systems)



  3. Someone Is Very Desperate to Knock My Account Off Twitter

    Many reports against me — some successful — are putting my free speech (and factual statements) at risk



  4. Links 18/1/2022: Deepin 20.4 and Qubes OS 4.1.0 RC4

    Links for the day



  5. Links 18/1/2022: GNOME 42 Alpha and KStars 3.5.7

    Links for the day



  6. IRC Proceedings: Monday, January 17, 2022

    IRC logs for Monday, January 17, 2022



  7. Links 17/1/2022: More Microsoft-Connected FUD Against Linux as Its Share Continues to Fall

    Links for the day



  8. The GUI Challenge

    The latest article from Andy concerns the Command Line Challenge



  9. Links 17/1/2022: digiKam 7.5.0 and GhostBSD 22.01.12 Released

    Links for the day



  10. IRC Proceedings: Sunday, January 16, 2022

    IRC logs for Sunday, January 16, 2022



  11. Links 17/1/2022: postmarketOS 21.12 Service Pack 1 and Mumble 1.4 Released

    Links for the day



  12. [Meme] Gemini Space (or Geminispace): From 441 Working Capsules to 1,600 Working Capsules in Just 12 Months

    Gemini space now boasts 1,600 working capsules, a massive growth compared to last January, as we noted the other day (1,600 is now official)



  13. [Meme] European Patent Office Space

    The EPO maintains a culture of illegal surveillance, inherited from Benoît Battistelli and taken to a whole new level by António Campinos



  14. Gemini Rings (Like Webrings) and Shared Spaces in Geminspace

    Much like the Web of 20+ years ago, Gemini lets online communities — real communities (not abused tenants, groomed to be ‘monetised’ like in Facebook or Flickr) — form networks, guilds, and rings



  15. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  16. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  17. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  18. Links 16/1/2022: Tsunami and Patents

    Links for the day



  19. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  20. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  21. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  22. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  23. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  24. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  25. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  26. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  27. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  28. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  29. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  30. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts