Bonum Certa Men Certa

Patent Scope Recognised as Essential For Patent Quality, But Software Patents Continue to be Granted

...not that courts tolerate these patents (if one can afford fighting them in court)

A lionSummary: Patents that are toothless, clawless lions are being accumulated by companies that should know various courts would scrutinise these enough to rule them invalid

THE number of software patents at the USPTO is hundreds of thousands. And these are the ones that aren't expired yet. It's a bubble. It's madness. No way any software developer (or even software firm) can keep track of this many patents, which is one of many reasons such patents aren't desirable.



Suffice to say, software patents are being 'dressed up' as something they're not. As this news article from South Africa put it four days ago, it's widely known that the "existence of patents may actually stifle innovation in key sectors, for example in software..."

This article is about patents on life-saving medicine -- an area in which prominent US lobbyists (including the Podesta Group) bully South Africans, on behalf of large US corporations, obviously. From the article:

In the case of medicines, the mere existence of patent protection may lead to the high price of lives being lost, as in our recent history, when millions of South Africans could not afford antiretroviral treatment for HIV, and as in the present day, when few can afford the impossible burden of new, life-saving treatments for cancer.


The other day we also saw this article about Singapore, noting correctly that they may need to limit "patent regime to spur innovation and improve the quality of patents granted..."

"What sort of loopholes exist? We already named words like "device", "car", "phone" and phrases like "over the Internet" or buzzwords such as "cloud", "AI" etc."Because patent quality matters. Not the number of patents. It should be about quality, not quantity. Singapore should stop issuing/granting software patents and patents on business methods, not just on genome (or anything about DNA). To quote: "One of the package’s most important steps is to follow decisions in the landmark cases of Association for Molecular Pathology v Myriad Genetics, from the US, and Australia’s D'Arcy v Myriad Genetics by clarifying that Singapore believes isolating DNA" is not patenable.

Only the crazy EPO has decided to become the world's laughing stock by granting patents on genome. As we said earlier today, the EPO also gave a green light/loophole to software patenting -- something which examiners we heard from vehemently object to but are pressured (from above) to accept.

What sort of loopholes exist? We already named words like "device", "car", "phone" and phrases like "over the Internet" or buzzwords such as "cloud", "AI" etc.

These are the new tricks.

Buzzword overload and media hype, accompanied by marketing from large companies, brought back an old buzzword from the dead. Now it's "AI" everywhere; for whose benefit? It's not a new concept and it's a broad area which pertains to statistics and maths (at the lower level). I did my doctorate on it.

"It’s a shame the above companies/people don’t know that software patents are a waste of time and mere paper, mostly because these are worthless in courts."It's disturbing to see just how often these days patents get painted as "AI" to hide the fact that they're on software and maths. Here is a new example [1, 2] (only days old) which speaks of an "AI techniques to identify individual attacker behavior and to judge the severity of combinations of such behaviors."

There's an illusion of novelty and illusion of it not being abstract, but courts in the US repeatedly reject such patents (the USTPO continues to grant them, under the assumption a buzzword like "AI" can bypass tests). It's all just software. How about this other example from last week's news? Malicious patents that are not only on software but also for surveillance? Surely Alice makes these patent-ineligible. Here's another new one, which speaks of "pioneer[ing] in patented physical, cyber and biometric technologies..."

"Will examiners learn to stop all these tricks and loopholes? They’re being ambushed and bamboozled by law firms whose main skill (or so-called ‘service’) is confusing examiners into granting what they should not."Well, biometrics are software. There's a device for scanning, sure, but much of the work is done by maths. Is "biometric" another one of those buzzwords that are now being used to disguise software patents? It's a shame the above companies/people don't know that software patents are a waste of time and mere paper, mostly because these are worthless in courts. Maybe some dishonest lawyers talked them into it. Here is another example, this one saying that "BOS GLOBAL Holdings PLC managing director hailed as a “remarkable achievement” the granting of two Australian patents protecting its workplace productivity software."

Well, as we noted here earlier this month (citing an Australian law firm), the Australian courts don't tolerate software patents, so this too is a waste of time and money.

Will examiners learn to stop all these tricks and loopholes? They're being ambushed and bamboozled by law firms whose main skill (or so-called 'service') is confusing examiners into granting what they should not.

Recent Techrights' Posts

SUEPO Central Made a Strike (or Striking) Success
Europe has more than enough qualified patent officials
Wikipedia - Funded by Slop-pushing Companies and 'Broligarchs' - Gave Benefit of the Doubt to Slop, Then Regretted It
Wikipedia sucks. Without slop it'll suck a little less.
 
GNU/Linux Will Thrive as Long as It's Modular, Not Monolithic
To IBM, it's all about money. Nothing else matters.
EPO "Cocaine Communication Manager" - Part X - People Are Leaving
"I was happy to be at the EPO in the beginning, but since I realized it's all a big mafia"
IBM's 33 Years as a "Financial Engineering" (Accounting Tricks) Company
In relation to Red Hat, this "financial engineering" involves culling many workers and trying to replace them with slop
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 30, 2026
IRC logs for Monday, March 30, 2026
Links 31/03/2026: Rising Costs, Cyberattacks, Novo Patent Expiry
Links for the day
Gemini Links 31/03/2026: American Spring, Distributed Systems Simulator, and Calculus for Electronics
Links for the day
IBM Layoffs and Their Expected Scope in April 2026
Such layoffs impact not only IBM "proper"
SLAPP Censorship - Part 28 Out of 200: Facing Consequences for Impersonation and Worse
It's not "funny". It is moreover libellous.
Links 30/03/2026: South Korea Next to Curb Social Control Media Addiction and Manipulation, Notorious Patents in the US Challenged
Links for the day
Gemini Links 30/03/2026: Going Back to Wrist Watches and Why LLMs in Programming Suck
Links for the day
Did IBM Pay thestreet.com for Puff Pieces? (Like It Did With Forbes)
If so, there is no disclosure
Payoffs of Lifelong Commitments
"The Lifelong Activist"
Links 30/03/2026: "We Can’t Income-Tax Ultra-Elites"; "The Pirate Bay’s Oldest Torrent Turned 22"
Links for the day
Today, Europe's Second-Largest Institution (EPO) Goes on Strike That Can Last Until 2027. Nobody in the Media Covers This!
"We stand with the protesters"
When the Cost (or Time) of Maintenance Exceeds the Value
In recent years it seems like more people learn to remove things from their lives, not add more things
Passage of Wealth Upwards, Blaming the Victims
Tim Sweeney's net worth is 5.1 billion USD according to Forbes
More Media Needs to Tell the Public Slop is a Giant Bubble, It Should Stop Taking "Sponsorship" Money to Inflate This Bubble
If enough of (what's left of) the media changes its tune and quits being a parrot of GAFAM, then we can debate slop like grown-ups
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 29, 2026
IRC logs for Sunday, March 29, 2026
Trying to Hide One's Abuses by Imposing Silence on Critics ("My Profile Was Private")
With enough daylight, sooner or later everyone knows you are a vampire
Fedora Badges System Shows the Demise of Fedora Under IBM
IBM isn't good at keeping what it buys
IBM is Sunsetting Red Hat, It Only Uses the Brand and the Shell
IBM buys or spins off companies as containers for "toxic assets" and debt
Cisco Systems is a Still Weak Spot With Bug Doors
nothing to offer except storytelling
EPO Strike Begins Today and It's the Longest One Yet (Can Last a Year)
Where's the media?
Gemini Links 30/03/2026: Approaching April and Arvelie Calendar
Links for the day
No Daylight Saved
Is there still any practical reason for this ritual?
Microsoft Azure Does Not Have "Hiring Freezes", It Has Had Mass Layoffs Every Year Since 2020
Things are always a lot worse than Microsoft formally or publicly acknowledges
SLAPP Censorship - Part 27 Out of 200: Using the Tor Network to Hide From Consequences
Only 1-2 weeks after the countersuit the Canadian attempted to deplatform several Web sites
The Limits of Inclusion
Inclusion with caution isn't "opinionated"; it's a defence mechanism, sometimes a survival instinct
Almost 20 Years After Microsoft/Novell
The mission has not changed, but the priorities evolve all the time
People Discuss Rumours of Mass Layoffs at IBM Becoming Public in 1-2 Weeks
IBM is killing its brand or its "goodwill"
LLM Slop Kills Sites, as Sites That Adopt Slop Are Doomed
People won't subscribe to such sites and visit them if they recognise it's just slop
Links 29/03/2026: Indonesia Cracks Down on Social Control Media Addiction, China Becomes World’s Scientific Superpower
Links for the day
Fedora at the Mercy of Microsoft Because of Back-Doored Kick-Switch Boot
We'll soon revisit the defamation attacks on Torvalds
Links 29/03/2026: Water Shortages and No Kings Rallies
Links for the day
The Old Days
In the early days of this site (2006) it was mostly just a couple of people, plus comments
Gemini Links 29/03/2026: Return to Gopherspace, "Zen of Marking Playing Cards"
Links for the day
The Real XBox is Dead, So Microsoft is Calling Everything "XBox" Now
It even wanted to run a campaign to convince everybody that XBox is not actually a console
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 28, 2026
IRC logs for Saturday, March 28, 2026