Bonum Certa Men Certa

US Supreme Court Defends Position on Alice, Maintaining/Cementing a Ban on Software Patents Like the Rest of the World

China is probably one of the few countries where 'pure' software patents are accepted (for the sake of mass litigation)

China's trolls



Summary: Software patents are a dying breed as the lion's share of nations will not recognise them (in courts) and the UPC -- an intrusion vector for software patents in Europe -- is also not happening

LAST night we found out that the US Supreme Court (SCOTUS) won't be touching any of the cases that can somehow impact Alice, notably the case which only days ago we correctly predicted it would pass on. Section 101 (USPTO), therefore, won't be changed significantly any time soon. As Patently-O has just put it:



In its first action for the October 2017 term, the Supreme Court has (inter alia) denied Certiorari in three pending Patent Cases:

16-1288 SYNOPSYS, INC. V. MENTOR GRAPHICS CORPORATION 16-1442 ARUNACHALAM V. SAP AMERICA, INC. 16-1427 OLEKSY V. GENERAL ELECTRIC CO.


SCOTUS will not reverse its precedence on software patents any time soon. Software patents are still de facto dead in the US, but the patent microcosm won't rest in peace.

How about the EPO? Well, currently it's hard to enforce software patents in Europe because national courts simply say no, and rightly so!

Having said that, the EPO once again pushed the SME lie. It did it again yesterday. It's an attempt to paint UPC as "good for SMEs" (which is a lie). Also yesterday we saw Penny Gilbert, Peter Damerell and Alex Driver trying to push the UPC with this long article. Someone should explain to Powell Gilbert LLP that the UPC is likely dead (they probably already know that) so that they don't misinform clients or random readers. The UPC is like a hypothetical project; it's not even happening and they already leap to it with advice, including the following section about software and business methods:

To what extent can inventions covering software be patented?

Computer programs as such are expressly excluded from patentability, but claims involving computer programs are not excluded if the claimed subject matter has a technical character.

To what extent can inventions covering business methods be patented?

Business methods as such are expressly excluded from patentability. However, like computer programs, business methods may be patentable if the claimed subject matter has a technical character.


As we said quite a few years back, the UPC would be a Trojan horse for software patents in Europe, bypassing national patent laws and enforcing rulings on such patents in pertinent nations in direct contradiction to their laws. We need to stop this.

The EPO appeal boards have long tackled the issue of software patents. I wrote a letter to them (about software patents) almost a decade ago. They're all about quality control and enforcement of the EPC; in September we saw reports like "Synthon says EPO appeal board has revoked Copaxone API patent" -- serving to remind us of the crucial role played by these appeal boards.

Let's remind ourselves that much of the world now despises and opposes software patents. Laws have accordingly changed, most recently in Australia (we wrote a lot about that last month). In Africa, based on this new article, a company now adopts a terrible strategy by saying "it intends to sharpen its focus on Quiptel's patented suite of software and technology products and offerings, and also will restructure its content division."

"Going forward," it said, "Quiptel's technology and software patents will now drive the company's primary business focus."

Where would they use such patents? Almost no courts would honour such patents anymore. Maybe China? Japan's courts have become too strict.

Speaking of software patents in Asia, IP Watch has just published this new interview with the Korean IP Commissioner Sung Yunmo. They asked him nothing about software patents which -- as we understand it -- are sort of banned there. IAM's Jacob Schindler has this new series about "Patents in Asia" and in it there's this part about South Korea. Schindler "has reached out to the most trusted patent firms across a range of Asian jurisdictions to prepare the Patents in Asia supplement that follows," he wrote. "It should serve as a handy reference for chief IP officers over the year to come."

From the text about South Korea:



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

For a software invention to be granted, certain requirements must be met:

- First, information processing by software should be realised concretely by using hardware (eg, claims should describe involvement of concrete hardware-type components that account for information processing and interaction between them).

- In addition, claims should not involve human activities (as opposed to software processing).

Further, software inventions can be claimed in the form of a method, apparatus, computer-readable medium (storing a computer program) or computer program (stored on a medium). By contrast, claims directed to software, a computer program per se (not stored on a medium) or a program product are not allowed. To what extent can inventions covering business methods be patented?

Business method inventions are subject to the same requirements as software inventions.


It sounds like more or less the same loopholes which exist in India, New Zealand and Europe. It's very clear that so-called 'pure' software patents are not permitted. That's just the new reality in the US, too.

Recent Techrights' Posts

Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
Enjoy the Giving/Sharing, Not Taking
We've long supported what we believed in, even with the little money we had
 
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day
Links 20/09/2026: "Google Now Asking For Users’ Video Selfies" and Energy Prices Set to Rise
Links for the day
Links 20/09/2026: Amazon Layoffs, Flock 'Buyouts' (Silent Layoffs)
Links for the day
USCIS and Microsoft Rumours: Curbs on Lowering Salaries by Importing Cheaper Replacements?
It seems like Microsoft's mass layoffs and efforts to cheapen the workforce face obstacles
Gemini Links 20/09/2026: "Music While Working" and Radio Silence
Links for the day
Clownflare Data From Canada
We've like to think many people are attempting to install GNU/Linux over the weekend
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026