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

Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
 
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026