Bonum Certa Men Certa

Improving the US Patent Office Requires Focus on the Quality (or Novelty) of Patents, Not Just Pendency



Pendency is a measure of service levels, but not of legal certainty

Application Pendency Since 2005
This is last night's animation of patent "Application Pendency Since 2005" (image HotLinked, not copied)



Summary: A look at tactics for patenting software at the USPTO and software patents which appear to have just been granted

THE USPTO is definitely improving, but why not strive for perfection? We are trying to help the USPTO with sincere input; we're not attacking the USPTO (or patents in general). We never did.



Why is the USPTO still granting obviously abstract software patents, even after Alice (SCOTUS)? That's what we thought upon seeing this new press release, which was later reposted in more and more sites. Isn't it perfectly obvious that these are software patents? It's barely even disguised as anything else. Wrinkl got not one such patent but three. Is someone at the Office asleep at the wheel? Or just trying to keep up with quotas? Either way, we were less surprised to see the usual articles where software patents are being disguised as "blockchain". "Blockchain Patents Filings on the Rise, Innovators Take the Lead," said one press release. "By definition," a person who promoted this press release told me, "blockchain patents are software patents. Need to see whether there is something patentable there!"

"Is someone at the Office asleep at the wheel? Or just trying to keep up with quotas?"Well, after Alice why would the courts tolerate such patents? The applicants mislead examiners through hype, hoping that some fancy new buzzwords will help old things seem rather novel. There's this new article titled "Blockchain Patents - Hope or Hype?"

To quote:

According to the Wikipedia, a blockchain is "a continuously growing list of records, called blocks, which are linked and secured using cryptography. Each block typically contains a hash pointer as a link to a previous block, a timestamp and transaction data. By design, blockchains are inherently resistant to modification of the data." And "for use as a distributed ledger, a blockchain is typically managed by a peer-to-peer network collectively adhering to a protocol for validating new blocks. Once recorded, the data in any given block cannot be altered retroactively without the alteration of all subsequent blocks, which requires collusion of the network majority." The Harvard Business Review also has an interesting article about blockchain technology.


That's just software.

There's another new article, this one titled "Internet of Things: Next Patent War Zone" (those are mostly software patents).

The Internet of Things, or IoT, has the characteristics to become the next patent war zone as new standards are adopted and the convergence of disparate technologies leads to new disputes. This convergence of technologies will likely result in an increase in litigation between both traditional competitors and companies that historically have not competed. While there are numerous legal issues associated with the emergence of IoT-enabled technology, patent lawyers and in-house counsel should be aware of three particular issues.


Disguised using buzzwords like "AI", "IoT", and "4IR" (the EPO's latest 'mask' for un-patentable things), software patents continue to be granted. Section 101 would zap them, sure, but that often requires a PTAB IPR (or European equivalents like an opposition/appeal) if not a lengthy and truly expensive court battle. The best solution is to ensure no such patents get granted in the first place (and applicants lack the incentive to even attempt that). The problem is, many patent lawyers are lying and giving false hopes to clients. They want to carry on pursuing software patents, often masquerading these using buzzwords, loopholes, and various tricks.

"They want to carry on pursuing software patents, often masquerading these using buzzwords, loopholes, and various tricks."Check out this press release titled "Call for Patents in xvc" (posted just before the weekend). To quote: "The software video compression company Divideon is today issuing a formal worldwide Call for Patents in the video codec xvc."

Those are software patents. Don't bother with this. Alice (Supreme Courts, 2014) makes them fool's gold and the only way to get something out of them is a patent troll like MPEG-LA, which effectively 'killed' MPEG as a de facto industry standard.

Recent Techrights' Posts

Microsoft May Already Be Shutting Down More Gaming Studios
the writings are on the wall: XBox is in disarray.
 
IBM Down $61 in Two Weeks, The Lies About Quantum Computers Didn't Last Long
IBM is an unsafe employer, not a good place to work
You Probably Don't Want to "Go Viral" in Toxic Social Control Media
Good news sites do not strive to go "viral" but to be consistently good, irrespective of "traffic"
New 'Article' in The Register MS Has Mentioned "AI" 44 Times. The Register MS Got Paid to Publish It.
Bear this in mind when seeing "hey hi" all over the news
18-Year Anniversary of Our IRC Community
As noted some months ago, trolling and abuse in our IRC network is very rare these days
Microsoft - Like IBM - is Leaving a Legacy is Emptied/Abandoned Buildings
Microsoft's LinkedIn had many layoffs recently
Richard Stallman's (RMS) Speaking Tour in Europe Coincides With Abandonment of Microsoft Windows
The message applies to all governments
Gemini Links 16/06/2026: Nazi Law of Mental Abuse and Lewis Aburrow's 3D-Printed Slider
Links for the day
Links 16/06/2026: Windows TCO and Fedora Finding Serious 20-Year-Old Holes in Microsoft Outlook
Links for the day
European Patent Office (EPO) Series: An Advisor to the President
he had recently advanced to membership of the "inner circle" of Team Campinos.
Two Weeks Ahead of July Three Studios Microsoft Plans to Shut Down Already Named
This is what happens when companies try to establish themselves on a mountain of promises and false assumptions, kicking the can down the road until payroll becomes hard to complete
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, June 15, 2026
IRC logs for Monday, June 15, 2026
IBM Works for Microsoft
Hours ago in IBM.com
European Patent Office (EPO) Series: The EPO's Brussels Liaison Officer
It would appear that in January 2020, Pellegrino was induced by Campinos to jump ship from the EUIPO and take up his current position as Brussels Liaison Officer for the EPO
European Patent Office (EPO) Receiving Section (RS) and Elimination of Many Roles
Open letter to Mr Rowan (VP1) and Mr Aledo Lopez (COO) [...] Does the EU leadership intend to tolerate this?
Microsoft's XBox is Disintegrating, Executives Are Quitting
We're basically witnessing the slow-motion "end of XBox"
Gemini Links 15/06/2026: Slop Code Benchmarked, Wireguard on NixOS and Guix
Links for the day
Links 15/06/2026: More Own Goals for the Slop Industry, Palantir Trouble in UK
Links for the day
Apple Wants Everybody to Forget About "Vision Pro" Because It Was a Giant Flop
worthless gadgets with no obvious use case/s
The Cyber Show is Adopting 'Book Form' (or Long Form Publications)
Andy and Helen nowadays invest more time in making their site faster
Richard Stallman's Software Freedom/Digital Sovereignty Tour in Europe
As things stand at present, the vast majority of people have their interactions controlled/policed by GAFAM
Estimates of Scale of Microsoft Layoffs, Will Likely Happen "in Batches"
"Heard 10 to 15 percent eventually but idk date."
IBM Has Put Red Hat on a Poor Diet of Slop, Now Fedora and Red Hat Suffocate or Choke on It
Over the weekend we saw more people leaving the company
Estimates of Microsoft Layoffs: 3,000 Staff to be Culled Just in Gaming, How Many in Other Divisions?
Now the XBox division has its own "fall guy", but it is a woman
Straw Man Arguments Against Rust
If anything, it teaches the importance of auditing packages
Tesla Debt Rose Sharply, Sales Declined, Wall Street's Claim of Tesla "Value" is Merely a Fairytale (and Not Just Tesla)
We would gladly sell land on Mars to anyone who honestly believes a company that loses money is somehow "worth" trillions in Wall Street
Stop Calling Losses "Investment"
XBox is losing money, it is a sinkhole
For Justice We Need More Speech, Not Less Speech
When you attack something you are just giving that something a bigger platform
SLAPP Censorship - Part 107 Out of 200: Keeping Law Accessible to Everybody
We'll have stories related to this in the future
Links 15/06/2026: Slop "Beg Bounties", Wall Street Fakes 'Worth', and Arkansans Saved PBS
Links for the day
Gemini Links 15/06/2026: Dating Oaks, Simulation, and Theremin
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 14, 2026
IRC logs for Sunday, June 14, 2026
Links 14/06/2026: Energy Cost and Reality Strikes at Heart of Slop Bubble, 75 Data Center Build-outs "Successfully Blocked"
Links for the day
Microsoft CEO Says XBox is Not a Sustainable Business
"Now, we have to turn this into a sustainable business," he said about XBox
MElon (MUSK, Elon) is a Trillionaire Like Penguins Are Mammals
Have media outlets told the truth?
Unlikely Heroes
One personal hero who is not alive (anymore) is Navalny
Bruce Schneier Was Probably Wrong About Slop
Right now politicians who openly speak in favour of slop are committing "political suicide"
SLAPP Censorship - Part 106 Out of 200: 100 Kilograms of Legal Papers
When one party's communications and filings weigh at about 3 KG of paper and another's... at about 100 KG of paper
Links 14/06/2026: More Google Layoffs, Wall Street Deems Companies That Lose Money "Worth" Trillions
Links for the day
Gemini Links 14/06/2026: "The Universe is a Hologram", "Matrix Brain Download", and "Happy 0th Year"
Links for the day
European Patent Office (EPO) Series: Battistelli's "Baltic Crusader"
Gilles Requena, Battistelli's erstwhile "Baltic Crusader" and the loyal servant of his successor Campinos
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 13, 2026
IRC logs for Saturday, June 13, 2026