Bonum Certa Men Certa

Loud Proponents of Software Patents Continue to Bemoan Alice and Seek Workarounds

A purse by another name is still a purse, like software patents by any other name...

Fancy Boy Seinfeld
Fancy Boy Seinfeld



Summary: Disguising software patents as something that they clearly are not might be enough to fool/bypass patent examiners, but not patent courts

THE USPTO may continue granting software patents, but courts repeatedly slap these patents down. So what's the point pursuing such patents in the first place?



"Typically, nowadays, there are attempts to paint software as something which it's not (e.g. a device). Buzzwords like "AI" and "cloud" get used a lot."Watchtroll admitted yesterday: "Whereas patenting in the software space was a lot more open 10 to 15 years ago when there was less prior art in the field, court decisions like Alice have lessened the degree of freedom patent practitioners enjoy in the software sector."

Tyler Tassone from The Legal Intelligencer tries to teach people how to fool/manipulate examiners into granting software patents. From the outline (the rest is behind a paywall):

Patent applications increasingly encounter subject matter eligibility €­rejections under 35 U.S.C. Section 101, particularly those applications directed to software and business methods. These rejections can be difficult to overcome, even for experienced patent practitioners due to lack of clear precedent and continuously evolving case law. The Supreme Court decisions in Mayo v. Prometheus (US 2012), and Alice v. CLS Bank International (US 2014), set forth the current framework for determining patentable subject matter eligibility under Section 101.


Typically, nowadays, there are attempts to paint software as something which it's not (e.g. a device). Buzzwords like "AI" and "cloud" get used a lot.

"We certainly hope that in spite of all the lobbying on Section 101 (we wrote 3 articles about that lobbying in the past week) the patent office will heed the warning and learn from courts that software patents are passé"A day earlier Bloomberg wrote about oil/gas companies (like Halliburton, whose push for software patents -- even at the EPO -- we covered here six years ago). Here is the part about patents on drilling and potentially software/gas (it would not be hard to disguise the software as pertaining to a physical "effect"). To quote: "Halliburton Co., the largest provider of fracking services, bought Summit ESP, a company armed with 44 patents for technology to improve production. That followed by two months Helmerich & Payne Inc.’s acquisition of Motive Drilling Technologies Inc., with 14 patents, another dozen pending, and software in hand that can robotically steer drill bits located more than a mile underground."

We certainly hope that in spite of all the lobbying on Section 101 (we wrote 3 articles about that lobbying in the past week) the patent office will heed the warning and learn from courts that software patents are passé.

Recent Techrights' Posts

Microsoft's Debt Has Skyrocketed by More Than 15 Billion Dollars in 6 Months or 8.2 Billion Dollars in the Past 3 Months Alone
The corporate media intentionally disregards - or merely turns a blind eye to - such data
Rumour: IBM Layoffs in Canada Starting Tomorrow
"RA (IBM's term for layoffs) Coming to Canada this week (Nov 3rd)"
Debunking False/Misleading Statements Made or Told to the High Court
People who try to cheat the system by gaslighting judges will end up discrediting themselves
Fear, Uncertainty, Doubt (FUD) by LLM Slop
The Web has become such a sordid mess that this FUD made by bots is what Google News deems to be "the news"
This Month's Analytics Show Vista 11 Down, GNU/Linux Up
After pulling the plug on Vista 10 we see losses - not gains - for Vista 11
Almost Fully Caught Up
The EPO series will continue very soon, maybe tomorrow or on Tuesday
Links 02/11/2025: Another Halloween Bust and MAGA Regime Says Public Universities Should No Longer Hire 'Foreign' Employees
Links for the day
The Long-Coveted Milestone of 3,200 Active Gemini Capsules
Despite being away some days last week, about 50,000 Gemini requests were served each day, on average
Five More Days Till Techrights Party
We'll have many more batches of Daily Links as we catch up with a 'backlog' of news
Links 02/11/2025: More Nuclear Escalations and "Anti-Cybercrime Laws Are Being Weaponized to Repress Journalism"
Links for the day
Gemini Links 02/11/2025: "The Pragmatic Programmer", Perl New Features and Foostats
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 01, 2025
IRC logs for Saturday, November 01, 2025
Linux.com is Becoming Microsoft
They took a once-reputable site with a vast audience and turned it into a pile of trash
Microsoft Lunduke: People Pointing Out I'm a Bigot is a Badge of Honour
It's almost as if he openly admits being a troll and is proud of it
Oracle's Debt Continues Rising to All-Time Highs, The "Slop Bubble" is a Smokescreen for Larry Ellison
wishful-thinking bubble waiting to implode completely
News on the Web is Becoming Rare, Shallow, and Difficult to Find
To efficiently and rapidly find original and important news without underlying comprehension/understanding of the news (and its context) is a hard task
Slopwatch: Linux Journal, Serial Slopper, WebProNews, and More
getting back into the habit
The Cocaine Patent Office - Part III: European Patent Office Officials Cannot Claim False Identification
Corroborating with other sources is always desirable if possible. We shall do so later in this series.
Facebook's Debt Leaps to Over 51 Billion Dollars
A lot of this is a bubble, aside from the bubble the media irresponsibly dubs "AI"
Still Catching Up, Daily Links a Top Priority
Readers who have additional information about the EPO can send it along to us
3 Days Ago Over at Tux Machines...
GNU/Linux news
Links 01/11/2025: "Americans Are Defaulting on Car Loans at an Alarming Rate" While Many Left to Starve (SNAP)
Links for the day
Gemini Links 01/11/2025: FIFO and Gemini Age Survey
Links for the day
Why Does German Media Protect the EPO From Accountability for Cocaine?
Can we trust such media to properly inform the public?
Most of This Month Will Deal With EPO Scandals
A timeline of sorts
Links 01/11/2025: Microsoft Azure Goes Offline Again
Links for the day
Links 01/11/2025: Microsoft Distributes Malware Again, Radio Free Asia Shut Down by Dictator
Links for the day
November is Here, Anniversary Party This Coming Friday
Expect this site to return to its normal publication pace either by tomorrow or Monday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 31, 2025
IRC logs for Friday, October 31, 2025
Gemini Links 01/11/2025: Synergetic Disinformation and Software Maintenance
Links for the day
IRC Proceedings: Thursday, October 30, 2025
IRC logs for Thursday, October 30, 2025
IRC Proceedings: Wednesday, October 29, 2025
IRC logs for Wednesday, October 29, 2025