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

Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026