Bonum Certa Men Certa

An Uphill Battle for Software Patents in the United States, Except When Catchphrases and Buzzwords Are Used

20 Buzzwords you have to know in Artificial Intelligence
Reference: 20 Buzzwords you have to know in Artificial Intelligence



Summary: Barring or excepting misuse of buzzwords such as Artificial Intelligence, software patents have become incredibly hard to assert in the United States, albeit they're possible to sneak past examiners and then license without any legal challenge

THIS summer, i.e. several months from now, Alice will turn four. The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that.



"The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that."Watchtroll is still overtly promoting software patents, even in a so-called 'webiner'. It's like a front group. But worry not, they're not getting their way.

One way remains to get software patents past examiners and sometimes judges too. It boils down to semantics; they just try to make software patents sound like something they're not. They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI).

"They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI)."It has been particularly hard to overlook or ignore the "AI" buzzword (and media hype) this month. Everywhere one looks in the news -- not just science news -- it's "AI", "AI", "AI"... it's not even a new concept.

Wayne Ramsay, Chief Strategy Officer at Exigent, wrote about "AI" some days ago in relation to law firms. It's time for law firms which neither understand "AI" nor care about "AI" to just say "AI" all the time:

Instead, alternative providers have taken a multifaceted approach to innovation: still applying the FTE billable hour model while slowly shifting to the faster, better quality, fixed-fee model enabled by Artificial Intelligence. [AI]


"We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms."All this hype about artificial intelligence has even reached IAM some days ago ("Patent search: the evolution from manual to artificial intelligence"), not to mention Lexology ("Artificial Intelligence: All Our Patent Are Belong to You 3.0"). This nearly sickening media hype around "Artificial Intelligence" (especially over the past month) is mystifying. Who is pushing this? The concept is many decades old. Why is it all of a sudden like the "next best thing"? We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms. A lot of examiners might not be familiar with these concepts, which can make any old idea sound more novel/innovative. I actually implemented "AI" more than 15 years ago when I wrote game engines and wrote papers about machine learning about 15 years ago when working on my Ph.D. Even back then those things weren't particularly cutting-edge. It's statistics. It's mathematics.

We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion.

"We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion."Why does the US still grant some software patents on what's clearly not eligible under Alice? A few days ago I saw this new press release about 4 newly-granted patents on computer vision (my research discipline). Do they really not know that it's just mathematics (matrices)?

How about Walmart applying for a 3D image patent for online grocery? This too was in the news some days ago and again it's computer vision, i.e. software/geometry. Stop granting monopolies on maths...

"As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible."To name one last example, Aterica licenses mMed patents [1, 2] on a "hardware and software platform," which we assume means that some of these patents simply cover software. As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible. This kind of bundling of decent patents with dubious ones has become so common. It's one way to drive up the price of licensing or litigation (for instance, suing or threatening to sue a company with 100 patents, only a handful of which are decent). Patent maximalism is quite a disease and it's antithetical to the theory of incentive.

Recent Techrights' Posts

The Week to Come
Planning ahead
LLM Slop Has Only Been a Boon for Misinformation Online
The very same companies that were supposed to maintain quality (again, not limited to Google with PageRank) are now actively participating in generating and spreading slop
When They Tell You It's Free, Does That Mean No Charges (If So, Who's Paying and Why)?
there's "no free lunch"
 
Links 28/07/2025: COVID-19 Sped up Brain Aging, "Circumvention is More Popular Than Compliance"
Links for the day
Richard Stallman is Usually Right Because He Thinks "Outside the Box"
he is able to observe society (mores and norms) as somewhat of an outsider
LWN Has Been Down for a Long Time, Another Casualty of LLM Bots?
Time will tell. How much time though?
Slopfarms Versus 'Linux' (and Against People Who Write Real Articles About GNU/Linux)
LLM slop in slopfarms by Brian Fagioli and Redazione RHC
Gemini Links 28/07/2025: Bila Yarrudhanggalangdhuray and Running pkgsrc in a FreeBSD Jail
Links for the day
Microsoft Turns News Sites Into Spamfarms
Is the site The Register MS the next IDG?
The Register MS/The Register US
On Saturday I contacted them for a comment (before issuing criticism)
Hacking revelations at Vatican Jubilee of Digital Missionaries
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 27, 2025
IRC logs for Sunday, July 27, 2025
We're Going to Focus Less on the Molotov Cocktail-Throwing Microsofters and More on Patents
We can get back to focusing on what we wanted to focus on all along
Just Trying to Keep Web Sites Honest (Journalistic Integrity)
the latest articles in LinuxIac are real
Links 27/07/2025: Political Affairs, Data Breaches, Attacks on Freedom of the Press
Links for the day
Gemini Links 27/07/2025: Hot in Japan and Terminal Escape Codes
Links for the day
Links 27/07/2025: More Microsoft Layoffs Coming, Science and Hardware News
Links for the day
Links 27/07/2025: FSF Hackathon and "Hulk Hogan Was a Very Bad Man"
Links for the day
Gemini Links 27/07/2025: DAW Mixer Chains and Simple Software
Links for the day
The Register MS is Inventing or Giving Air Time to New Conspiracy Theories so as to Distort the Narrative As High-Profile Agencies Fall Prey to Microsoft Holes
But the problem is holes, i.e. Microsoft making bad products; the problem is Microsoft
Most Editors at The Register Are American, Including the Editor in Chief, a Decade-Long Microsoft Stenographer (Writing Prose to Sell Microsoft)
It's not easy to tell where the site is based (we tried) because it's hiding behind ClownFlare and CrimeFlare hasn't been well lately
Pushers of systemd Rewrite History (Richard Stallman Said UNIX "Was Portable and Seemed Fairly Clean")
Unlike systemd
"New Techrights" Soon Turns 2 (A Few Days Before the FSF Turns 40)
We have a lot more to say about LLM bots
When Silence Says So Much
Garrett, a 'secure' boot pusher, will need to defend himself in the UK High Court
The Register in Trouble
There is not much that can be done at this point
Trajectory of The Register: From News Site/s Into "B2B"... and Into Microsoft Salespeople
Something isn't right at The Register
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 26, 2025
IRC logs for Saturday, July 26, 2025
Misinformation in Social Control Media
Social control media passes around all sorts of tropes
Slopwatch: Fake Linux 'Articles' and Slopfarms With "Linux" in Their Names/Domains
throwing bots at "Linux" to make some fake articles
Links 26/07/2025: Amazon Shutdown in China, Russian Economy Slows
Links for the day
Gemini Links 26/07/2025: History of Time (1988) and Gemini Games
Links for the day
Links 26/07/2025: 50 Percent Tariffs in Amazon, Dying Intel Offloads Network and Edge Group (NEX)
Links for the day
Doing My Share to Tackle Online Slop and SPAM
Trying my best to 'fix' the Web
Blaming Programming Languages for Users' and Developers' Bad Practices
That's like blaming cars for drivers who crash into things
Slopwatch: Fakes, FUD, Duplicates, and Charlatans Galore
The Web as we once know it is collapsing. Some opportunists try to replace it with low-quality slop.
The Register UK Seems to Have Become American and Management is Changing (Microsofter as Editor in Chief)
The Register 'UK' is now controlled by the Directions on Microsoft guy
Many People Still Read Techrights Because It Says the Truth, Produces Evidence, and Does Not Self-Censor
Unlike so many other sites
The Register is Desperate for Money, According to The Register
I decided to check how they're doing as a business
Microsoft Finally Finds a Use Case for Slop?
Create low-quality chaff to shift the media's attention?
Microsoft Windows Lost 400 Million Users in a Few Years, Why Does The Register Double Down on Windows With New US Editor?
days ago they hired a new US editor
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 25, 2025
IRC logs for Friday, July 25, 2025
For Libel Reform One Must First Bring (or Raise) Awareness to the Issues and Their Magnitude
I myself know, from personal experience
Links 26/07/2025: Rationed Meals in the US and TikTok Repels Investments (Too Toxic)
Links for the day
Gemini Links 26/07/2025: "Bloody Google" and New People in Geminispace
Links for the day
Response to Solderpunk (Father of Gemini Protocol) About the Gemini Community
Solderpunk responds to non-sequitur
HTML and the Web Used to be Something a Child Could Learn, "Modern" Web is a Puzzle of Frameworks, Bloat, and Worse
When the Web was more like Gemini Protocol