10.05.17

Gemini version available ♊︎

“Cloud”, “AI”, and “IoT” Among the Buzzwords Used to Bypass Limitations/Bans on Software Patents

Posted in America, Patents at 4:30 am by Dr. Roy Schestowitz

Don’t fall for these tricks, which law firms advertise in the form of ‘drafting tips’

To bamboozle
Don’t be a victim of buzzwords and the art of semantics

Summary: Now that ‘pure’ software patents are pretty much impossible to enforce (except in China) there are efforts by law firms to mislead clients into further pursuits, usually relying on misleading words to avoid an impression of abstractness

THE REALITY in 2017 is that software patents are practically dead in the US courts. Sure, examiners still grant some (even at the EPO), but courts say “No!” almost every time (the higher the court, the more likely the rejection). Law firms that promote software patents consciously waste people’s time and money; after all, what do/why should they care about the outcome? They make money from legal fees either way (no matter the outcome). Yesterday we saw this article titled “Drafting Software Patents Post-Alice: Lessons From Courts” (which ones, district courts?).

Much of the article is behind a paywall, but the introduction says: “Since the decision in Alice[1] three years ago, applicants, patent practitioners and even patent examiners are trying to sort out what is and is not an abstract idea in the software arts for patentability purposes. With no clear objective test, each new decision potentially provides guidance on what may be determined to be abstract, and also may provide clues on how to better structure claims and specifications to avoid or at least overcome Alice-related rejections.”

But given the repeated rejection of such patents, what’s the point? Changing the words might help fool examiners into granting software patents, but courts (with witnesses, expert testimonies etc.) will almost always reach the same conclusion. Don’t bother. Don’t try to pursue software patents anymore. Don’t believe these law firms. They just try to make money for themselves, not for clients.

Unfortunately, we continue to see the dodge or departure from conventional language and into the realm of buzzwords, such as “AI”*. Even this morning we saw this piece published by a firm connected to Microsoft. It’s about Uniloc, a patent troll which has received money from Microsoft. It tries to use buzzwords to leverage software patents against companies: this time the buzzword is “cloud” and the author uses the euphemism “NPE”, which just means patent troll. To quote:

As Cloud IPQ will continue to demonstrate, a growing but often overlooked trend of NPE patent litigations against cloud computing providers and users has emerged in recent years. While many NPEs target big technology companies like Apple, Google and Microsoft, Uniloc has cast a wider net that includes health service providers, gaming companies and software developers. In less than two years, Uniloc has filed 59 district court cases against 39 defendants in the cloud computing space. The patents asserted relate to cloud software and platforms capable of remote network access and management in fields ranging from business management, software and game security, identity management, critical infrastructure security, and IP rights management. The lawsuits target both cloud computing providers (e.g., Nexon, Blackboard, Netsuite, Nutanix, etc.) and users (e.g., Riot Games, AthenaHealth, H&R Block, etc.).

These are just software patents. Courts or even PTAB would reject these post-Alice. Judges who don’t grasp these buzzwords will likely rely on technical people to explain/deconstruct these. It’s all abstract.

Another new example of a buzzword is “IoT” — an example we last wrote about in the weekend. Audrey Lo from Lee and Li Attorneys at Law has just published this article about the ‘dressing up’ of software patents as “IoT”. Just because one refers to software patents by some buzzword (with “things”, like “devices” in them) does not make these any more valid; it’s just a Trojan horse to fool examiners. As even Lo admits, “IoT technology is closely related to software development.” Here are some portions:

It is clear from the above that Taiwanese corporations lag much behind their foreign competitors in developing IoT technology. Moreover, according to the IoT patent report published by the UKIPO in 2014 and that by LexInnova in 2016, Chinese corporations were among the top three IoT patent applicants. However, none of the top ten IoT patent applicants in Taiwan came from China.

IoT technology is closely related to software development. Whether a patent can be granted depends greatly how the claims are drafted. Since the regulations and standards for assessing the patentability of software-related inventions are slightly different in each country, one should consider those differences in order to ensure the patentability of his/her invention. All the possible scenarios that may occur during enforcement must also be considered in claim drafting; otherwise, even if a patent is granted, the patent holder may not be able to enforce his/her patent against others.

It is worth noting that China does allow software patents (it’s one of the few countries that allow that), though we’re not sure about Taiwan, which China tries to assert sovereignty over.

As always, most software patents are laughable. Even patent maximalists like Patently-O are sometimes willing to admit this and days ago it gave an example — only to receive a threatening E-mail from the so-called ‘inventor’ (whereupon the blog published the E-mail). What’s the point trying to defend a terrible software patent which is obviously bogus? It’s 2017. We’re in the post-software patents era now. Just stop calling these patents things they’re not (buzzwords).
______
* There was another example of this last night, in a press release which said “Element Data, Inc., a decision support software platform that harnesses artificial intelligence and machine learning has acquired the assets and patent of BehaviorMatrix, LLC” (this patent is totally worthless as it’s a software patent).

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 16/1/2022: Latte Dock 0.11 and librest 0.9.0

    Links for the day



  2. The Corporate Cabal (and Spy Agencies-Enabled Monopolies) Engages in Raiding of the Free Software Community and Hacker Culture

    In an overt attack on the people who actually did all the work — the geeks who built excellent software to be gradually privatised through the Linux Foundation (a sort of price-fixing and openwashing cartel for shared interests of proprietary software firms) — is receiving more widespread condemnation; even the OSI has been bribed to become a part-time Microsoft outsourcer as organisations are easier to corrupt than communities



  3. EPO's Web Site Constantly Spammed by Lies About Privacy While EPO Breaks the Law and Outsources Data to the United States

    The António Campinos-led EPO works for imperialism, it not only protects the rich; sadly, António’s father isn’t alive anymore and surely he would blast his son for doing what he does to progress his career while lying to staff and European citizens



  4. Links 16/1/2022: Tsunami and Patents

    Links for the day



  5. IRC Proceedings: Saturday, January 15, 2022

    IRC logs for Saturday, January 15, 2022



  6. Links 16/1/2022: Year of the GNU/Linux Desktop and Catch-up With Patent Misinformation

    Links for the day



  7. Patrick Breyer, Unlike Most German Politicians, Highlights the Fact That Unified Patent Court (UPC) and Unitary Patent Are Incompatible With EU Law

    A longtime critic of EPO abuses (under both Benoît Battistelli and António Campinos leadership), as well as a vocal critic of software patents, steps in to point out the very obvious



  8. Links 15/1/2022: Flameshot 11.0 and Libvirt 8.0

    Links for the day



  9. Blogging and Microblogging in Geminispace With Gemini Protocol

    Writing one’s thoughts and other things in Geminispace — even without setting up a Gemini server — is totally possible; gateways and services do exist for this purpose



  10. Links 15/1/2022: Raspberry Pi in Business

    Links for the day



  11. IRC Proceedings: Friday, January 14, 2022

    IRC logs for Friday, January 14, 2022



  12. Gemini Clients: Comparing Moonlander, Telescope, Amfora, Kristall, and Lagrange (Newer and Older)

    There are many independent implementations of clients (similar to Web browsers) that deal with Gemini protocol and today we compare them visually, using Techrights as a test case/capsule



  13. 2022 Starts With Censorship of Christmas and Other Greetings at the EPO

    The nihilists who run the EPO want a monopoly on holiday greetings; to make matters worse, they’re censoring staff representatives in their intranet whilst inconsistently applying said policies



  14. Links 14/1/2022: FFmpeg 5.0 and Wine 7.0 RC6

    Links for the day



  15. White House Asking Proprietary Software Companies That Add NSA Back Doors About Their Views on 'Open Source' Security

    The US government wants us to think that in order to tackle security issues we need to reach out to the collective 'wisdom' of the very culprits who created the security mess in the first place (even by intention, for imperialistic objectives)



  16. Links 14/1/2022: EasyOS 3.2.1 and Qt 6.3 Alpha

    Links for the day



  17. Scientific Excellence and the Debian Social Contract

    The Debian Project turns 30 next year; in spite of it being so ubiquitous (most of the important distros of GNU/Linux are based on Debian) it is suffering growing pains and some of that boils down to corporate cash and toxic, deeply divisive politics



  18. Links 14/1/2022: openSUSE Leap 15.2 EoL, VFX Designers Are Using GNU/Linux

    Links for the day



  19. IRC Proceedings: Thursday, January 13, 2022

    IRC logs for Thursday, January 13, 2022



  20. 2022 Commences With Microsoft-Themed (and Microsoft-Connected) FUD Against GNU/Linux

    A psychopathic Microsoft, aided by operatives inside the mainstream and so-called 'tech' media, keeps spreading old and invalid stigma about "Linux" and Free software; few people still bother responding to these fact-free FUD campaigns, which boil down to ‘perception management’ PR/propaganda



  21. Between January 2021 and January 2022 the Number of Active Gemini Capsules Nearly Quadrupled Based on Publicly-Available Catalogue of Capsules

    Geminispace has grown to about 2,000 known capsules and 1,600 of them are active, permanently online, fully accessible; in January last year these numbers were about 4 times smaller



  22. Links 13/1/2022: NetworkManager 1.34 and Everett 3.0.0

    Links for the day



  23. Links 13/1/2022: Sparky 5.16, Fwupd 1.7.4, and KDE Plasma 5.24 Beta Released

    Links for the day



  24. Call a Spade a Spade (Microsoft 'Contributions' to Linux)

    Call a spade a spade; Microsoft does not love Linux and doesn’t try to help Linux, as it’s still all about Windows and proprietary software with surveillance, back doors, and worse things



  25. No Excuses for Using GitHub Anymore

    Software developers become living witnesses to more and more reasons to abandon Microsoft for good



  26. Links 13/1/2022: Slackware Linux 15.0 RC3 and More Microsoft Aggression Against Linux

    Links for the day



  27. IRC Proceedings: Wednesday, January 12, 2022

    IRC logs for Wednesday, January 12, 2022



  28. Links 12/1/2022: IPython 8.0, Iranian Attacks on Microsoft Windows

    Links for the day



  29. Non-Fungible Membership in OSI

    The OSI tells us that it got over a thousand members, but that boils down to just people clicking a URL or a button



  30. Computing Security is Being Redefined as 'Controlled by NSA' (and Microsoft)

    The ascent of fake security or the concept that outsourcing trust to Pentagon-connected monopolies is the same as "security" is a real problem because the mindset creeps into new legislation, in effect cementing monopolies and centralisation


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts