Bonum Certa Men Certa

The Software Patents/Litigation Industry is Dying in the United States and China Takes This Heavy Burden

Who wants predatory law firms to steer policy anyway?

UPC impact



Summary: A bogus litigation 'industry' which merely destroys the software (i.e. real) industry is being scuttled by the Supreme Court; China foolishly enough takes this 'crown', essentially creating its own 'Eastern District of Texas' in Beijing

TECHRIGHTS typically focuses on the USPTO in the weekends. As we noted yesterday afternoon (Sunday), the USPTO bubble continues to grow like it's a race towards zero patent quality. Sure, the courts say "No!" to such patents, but once granted it's expensive to prove that these patents are invalid (especially barring petitions to PTAB).



This USPTO bubble worries us. It's like examiners aren't paying attention to what their Supreme Court keeps saying. They're granting patents on almost everything, even software. Their managers try to tell us that a higher number of patents means more innovation, but everyone with a clue knows that it's a lie. Yesterday, Patently-O showed the design patents bubble -- a bubble which may very soon burst because of the Supreme Court. On the same day an Apple fan site bragged about such patents, but there's no innovation there , it's just a sort of 'insurance' for when Apple is a patent predator with no actual products.

What also worries us are reports like this one from this morning. Nigeria seems to think that it needs lots of patents because “[m]ost of the technology transfer agreements handled by NOTAP are mainly on software licensing with a huge sum of money being paid to the foreign software owners in order to encourage local software development."

Well, software patents are not valid and many of these deals are to do with copyrights, not patents. It doesn't look the writer is familiar enough with this topic.

In other news, this Watchtroll rant from yesterday was rather revealing. It certainly sounds as though patent parasites are going out of business and moan about it. After Alice and other such decisions they no longer see demand for litigation. To quote:

Today, I no longer receive these calls. There could be a few reasons why. One certainly could be that my practice has evolved over the years to concentrate more on contentious matters. I’ve spent less time on the front lines of patent prosecution as a result.

But I suspect the main reason is that inventors are giving up an expectation that patent protection is even worthwhile. And I get it. If I were to get a call these days, I could no longer paint a rosy picture for would-be patentees.


Good. I hope these people go out of business very fast. All they do is cause agony to many people and small companies. Patent lawsuits (or threats thereof) aren't productive, yet this is the kind of thing Watchtroll keeps lobbying for.

This morning we also saw this self-promotional 'article' (if that can be called an article at all) about patent parasites who are trying to leverage software patents for personal gain, at the expense of actual developers. "The Halcyon strategy," it says, "is really based around small niche plays like software patents. It's a David-vs.-Goliath type of story. It nicely aligns with our view of helping the little guy to fight the big software providers."

What they mean to say is, they'll take money from poor people to initiate pointless litigation which would likely go nowhere because of Alice. But what do they care...? They get paid even if the cases are lost. It's important to remind people not to be misled by these opportunistic law firms; software patents are neither worth the time nor justify the expense. Save the money for something else like research and development.

As noted the other day (Sunday), the EFF finally takes on so-called "AI" patents. They're just software patents disguised as "AI". These patents must be rejected, not granted at all. It turns out that the patents-savvy reporters have begun reporting on this:

Each month, the patent lawyers at the Electronic Frontier Foundation shine a spotlight on one particular patent they believe is a drag on innovation. This month, they're looking at one of the fastest-growing sectors of technology: machine learning and artificial intelligence.

EFF lawyer Daniel Nazer has picked out an artificial intelligence patent belonging to Hampton Creek, a San Francisco food-tech company that markets products under the brand name "just." US Patent No. 9,760,834 describes what the company calls its "machine-learning enabled discovery platform" and ways of discovering new ingredients.


Let's face it. The US is no longer a place for software patents. Even if such patents get granted (which happens a lot, especially when assessed by the USPTO) they are very unlikely to endure scrutiny at PTAB and/or the courts. China, however, is another matter. As we argued yesterday, China is now granting lots of terrible patents and also advertises friendliness towards plaintiffs (same as in the Eastern District of Texas). IAM has in fact just published this overview in which there's the following section about software and business methods:

To what extent can inventions covering software or computer-implemented inventions be patented?

Software, computer programs and program instructions per se are categorised as ‘rules and methods for metal activities’ and are not patentable subject matter. Nevertheless, inventions that are implemented wholly or partially through software can be patentable if they involve a technical character.

The conventional method for drafting a product claim relating to a computer program is to present a claim defining more than one functional component, each of which corresponds to a step in a computer-implemented method. This approach may be unfavourable when it comes to litigation, due to the difficulty in identifying counterparts of the software components in the relevant product.

In April 2017 the revised Guidelines for Patent Examination came into effect and the means for drafting software-related or computer-implemented claims have since become relaxed. According to the revised guidelines, computer-readable media carrying program instructions – which were previously excluded from patent protection – have become patent eligible. In addition, claims seeking to protect an apparatus comprising a memory in which computer-executable instructions are stored and a processor configured to perform actions on execution of the instructions are now acceptable.

To what extent can inventions covering business methods be patented?

Inventions covering business methods are not excluded from patent protection, provided that they involve a technical character. If a claim relating to a business model contains not only business rules and methods, but also a technical feature, it will be eligible for patent protection. However, business methods implemented with general computer and internet technology and with no improvement in terms of technical aspects may still be rejected – usually on the grounds of lack of inventiveness, rather than patent-ineligibility.


When the patent microcosm moans about "China!" (it's happening more and more this year) it basically means to say that the litigation and trolling 'business' moves there. Good riddance. Nobody needs that yoke in his/her own country. It's just self-harming and self-defeating.

With the UPC, Battistelli hopes to create his own Eastern District of Texas-like network of courts, with one based in Paris. He doesn't care if that completely dooms the EPO and the European economy. Battistelli certainly acts like a stooge of the litigation 'industry' and he surrounds himself by cronies who are not scientists and are barely qualified for their job. Many of them are French.

Recent Techrights' Posts

The four freedoms and GNU/Linux naming controversy, by Akira Urushibata
Social control media owned and run by 'broligarchs' keeps attacking RMS for insisting on names that include GNU
Open Source Initiative (OSI) Not Doing Its Job, Instead It's Promoting Microsoft Ponzi Schemes
it participates in Microsoft's Ponzi scheme, which helps Microsoft distract from or excuse the mass layoffs
The Register MS: Installing Free Software on Your Device is 'Sideloading'
This is a form of propaganda
Mozilla's Assisted Suicide, Assisted by GNOME
Firefox is meant to get better all the time, but instead it gets worse
Frankly Getting Sick of Slop About "AI" (Slop)
Calling everything out there "AI" serves nobody and nothing but the Ponzi scheme
Media Gaslighting Dooms the Media
this "AI" gaslighting is done because publishers get paid to do so
 
The Free Software Foundation (FSF) Looking to Add Associate Members
"Celebrate '26 by helping us reach our New Year's goal before Jan. 16: join as an associate member today. You will help the FSF remain strong and independent to empower technology users everywhere. Join us today and help us reach our goal of 100 new associate members!"
Only Google is Still Spreading Lots of Slopfarms' Fake News and Plagiarism About Linux
2 days' worth of Google News spewing crap out about "Linux"
Georgia Institute of Technology (Georgia Tech) Formally Announces Upcoming Richard Stallman Talk
Room 100, Scheller College of Business
Links 07/01/2026: Europe's 'Binding Commitments' on Ukraine's Security, "Venezuelan Leaders Project Independence"
Links for the day
Gemini Links 07/01/2026: Smart Toaster and Social Control Media Fatigue
Links for the day
Projection Tactics - Part II: Causing "Serious Harm" to Many People (Even Animals)
Narcissists and sociopaths are like that
Even Microsofters Now Speak About Microsoft Reportedly Planning to Sack 10% of Its Staff (as Early as This Month, or 2 Weeks From Now) as Real Income Falls
Microsoft buying from Microsoft isn't real income, it is accounting fraud
Crans-Montana, Le Constellation: journalists, victims' families, ProtonMail users at risk, police raids
Reprinted with permission from Daniel Pocock
GNU/Linux Reaches All-Time High in Tanzania
This month (and year) GNU/Linux is measured at an all-time high there, based on the data that statCounter can see
Links 07/01/2026: Microsoft ChatGPT Killing People and Microsoft "Github monopoly is destroying the open source ecosystem"
Links for the day
Mass Layoffs in Microsoft's XBox Soon, Just Like We've Said for Months
IBM and Microsoft are heading in a similar trajectory and are hiding how bad things are using similar tactics
Now It's a Mainstream Media (MSM) Story: Microsoft Layoffs Coming, They'll be Vast (and They Blame "AI", As Usual!)
the books were cooked (accounting fraud) to hide what really went on
Stick to the Science, the Facts, the Observable Reality
Science is at the heart of this site
Africa's Search Market Has Been Unfavourable to Microsoft
In Africa, as we've just noticed, Bing is moving down, even more sharply this year
Slideshare is Slop
Be sure fools will rewrite history online
Gemini Links 07/01/2026: Looking at 2026, Linux Anti-Minimalism, Diode Function Generators, and Inkscape
Links for the day
Projection Tactics - Part I: What is "Serious Harm"? Or Whose?
the most serious harm was done to us
Links 07/01/2026: More Signs XBox the Console is Dead/Dying, Convicted Felon Repeats Threats of Greenland Annexation
Links for the day
EPO People Power - Part XXVII - Science- and Principles-First Journalism About Issues That Matter
journalism became so shallow that nowadays it can be replaced by bots
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 06, 2026
IRC logs for Tuesday, January 06, 2026
Gemini Links 06/01/2026: Collective Responsibility, Pico2DVI, and TV Detox
Links for the day
Microsoft Loves Freedom, Democracy... and Linux? No, Microsoft Laying Off Because "Microsoft Loves Linux" Was Failed Posturing, Its Former Staff Moves to GNU/Linux
"What are the running totals for IBM and Microsoft layoffs?"
GNU/Linux at 4% "Market Share" (Even According to Steam Survey)
Another milestone
Links 06/01/2026: Neglect of the Elderly, Abandonment of International Laws
Links for the day
Links 06/01/2026: More Reports Point to Mass Layoffs at Microsoft (Later This Month), Greenland/Denmark Cautions the Dictator Who Illegally Invaded Venezuela
Links for the day
Internet Policy/Net Reality: You Must Never Ever Rely on Google (no "S.E.O." Either)
Stack Overflow is dying
Ahead of Mass Layoffs Microsoft Tries to Rebrand or Redefine XBox (Because the XBox is Tentatively Dead)
2026 will be the last year of XBox in all likelihood
Richard Stallman (RMS) Announces His Georgia Talk 2.5 Weeks in Advance
A lot earlier than usual
Dr. Andy Farnell on Technology That Harms People (and Lack of Regulation Which is Needed to Address This Problem)
Dr. Farnell's article is long but well worth reading
GNU/Linux Rising to 5% in Cameroon and It's Hardly the Exception
"AI" is just a smokescreen as losses pile up
Rumours: Microsoft to Lay Off 12,500-25,000 Workers Soon (Tentatively Wednesday, 15 Days From Now)
"Layoffs are coming third full week of Jan. Likely 21st but these things can move around a bit based on last minute developments."
EPO People Power - Part XXVI - European Media Has Become Part of the Problem
it is as clear as daylight that Cocainegate is real
IBM 2026 "Organizational Change/s" Means Layoffs Resume Soon, Some Claim "Forever Layoffs."
It's about "narrative control"
Microsoft Layoffs in January 2026
Get ready
Google Still Boosting Slopfarms
Slopfarms will probably all perish as soon as Google News quits sending them visitors
Links 06/01/2026: Cryptocurrency Scam Emails and Greenland's Fear of Getting 'Venezuelad'
Links for the day
Links 06/01/2026: DIY Projects and Inertial Music
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 05, 2026
IRC logs for Monday, January 05, 2026
To The Register MS, ARM Means Microsoft Windows (Follow the Money)
the Free software community can campaign and run sites (like the one below), but it cannot afford to bribe so-called 'news' sites like Microsoft and its OEMs do
IBM's CEO Makes No Sense
"IBM CEO Aravind Krishna on what’s really driving tech layoffs"
Links 05/01/2026: Tensions in Korea, Ukrainians See "Double Standard" in a US Russia-Style Invasion
Links for the day
Gemini Links 05/01/2026: Farewell to CBS Reality, Being On-Call, Digital Ad Spendings
Links for the day
Remember That Nobel Prizes Are All Named After the Inventor of Explosives (Even a "Nobel Prize for Peace")
These rewards are only as valuable as the reputation they earn for themselves
Baidu and Yandex Have Overtaken Microsoft in Asia
how about all the Bing layoffs?
Googlebombing for Bill Epsteingate
Maybe the slopfarms too can help him cover up
Of Course GNU/Linux Has Reached All-Time High in Africa in 2026
Africa will, on average, gravitate towards Free software or whatever costs less
From GNU/Linux Boosting to Slop-Boosting Career
It is sad to see someone who devoted many years of his life producing GNU/Linux stories stooping down to this "AI" boot-licking
IBM Buys, Then Disposes/Sacks, the Staff (That It Paid For)
Any money gained is spent buying some more companies to add/join up their revenue, even if the debt surges and there's little integration going on (misfits absorbed)
Time for Microsoft to Rebrand to Fit the Vapourware (Ponzi Scheme)
something between Meta and Alphabet
Links 05/01/2026: Slop Ruining Children's Minds, "Complicity of the Press in US Violence"
Links for the day
Microsoft's Windows Falls Below 20% in the UK
After a lot of years of advocacy and hard work
The Real GNU Anniversary (Not Manifesto or Announcement) is Today
the development, not the manifesto
GNU/Linux Usage Said to Have Doubled in Oceania
it's hard to discount or dismiss Oceania as a bunch of "coconut islands"
There's No Such Thing as "AI Godfather", Stop Repeating This Pure Nonsense!
Infantile or corruptible media that plays along with slop or uses slop will perish
Gemini Links 05/01/2026: "Poverty and Hunger", "Entrepreneurial Family", "Abandoning Obsidian for Logseq"
Links for the day
Links 05/01/2026: A Shrinking Canadian Economy, Brigitte Bardot's Environmentalism Recalled, Unredacted Epstein Files
Links for the day
Microsoft Allegedly Uses Performance Improvement Plans (PIPs) to Hide the Massive Scale of Company-Wide Layoffs
Just like IBM; they meanwhile talk a bunch of nonsense about "AI" to distract from their commercial calamity
Battles Are Won in the Court of Public Opinion
Many "systems" rely on the mere perception or appearance of legitimacy
No, Writing Isn't in Decline, Some of the Large and Centralised Platforms Are
Slop isn't really competition, just a passing fad and pure noise
GNU/Linux Share in Mongolia More Than Doubles
they probably lack any genuine excitement for "hey hi PCs"
Whistleblowing is About Understanding Boundaries and Risks
The bottom line is, people typically find out the truth at the end
EPO People Power - Part XXV - While EPO Managers Snort Cocaine the Staff Compiles 'Insurance Files' to Expose EPO Corruption
In this increasingly authoritarian world we need more whistleblowers
"The European Patent Reform" That Represents a Gross Violation of Laws, Constitutions, and Conventions (in Order to Make the Rich Even Richer, Mostly Outside Europe)
How far and how long will EPO corruption go?
The Reputation Issue Is Not Our Fault
Trying to squash words (and people) merely diverts more attention to them
GNU/Linux Distribution "Ultimate Edition" Fixes Its Web Site (Apparently Compromised Months Ago)
they dealt with the issue before media shame and a catastrophe of trust
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 04, 2026
IRC logs for Sunday, January 04, 2026