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

Nearly 1,000 People at EPO 'Met' to Plan Further Strikes and Impending Action to Dethrone Corrupt Leadership
Exploring the purchasing "power" of EPO leadership (buying elections while doing cocaine in public)
SLAPP Censorship - Part 196 Out of 200: Sending Someone to Our Doorstep to Ship Approximately 5 KG of Legal Papers (Instead of to Our Representatives)
it is not about law, this is lawfare
 
Appliances Should be Dumb
Any "Smart Home Appliance" is basically a thing that does not last long, does not work as advertised, and is generally unfit for purpose
SLAPP Censorship - Part 198 Out of 200: It Sounds Like Garrett is Now Sending People to Silence Critics (Including His Own Spouse)
This week Garrett is having a somewhat karmic experience
Links 24/09/2026: Slop Contaminating KDE, Slop-Focused Data Centres Have Severe Environmental Impact
Links for the day
SLAPP Censorship - Part 197 Out of 200: Garrett Became So Poor That He Wants Others (in Another Continent) to Pay for His Own Legal Work Being Faulty
They lie to courts
The Register MS Has Become a Slopfest
This is the behaviour of a perishing publisher
Gemini Links 24/09/2026: Requiem for a Season, Philosophy, Rube-Goldberg Machine, ROOPHLOCH 2026, and Git over Gemini
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 23, 2026
IRC logs for Wednesday, September 23, 2026
IBM Grapevine: Development Outsourced to LLM Slop and It Results in Many Bugs
IBM is circling down the drain and every insider knows it
Microsoft Gives Many People the 'Booty' This Week, Not Counting PIPs (Silent Layoffs and 'Voluntary' Layoffs)
Microsoft PIPs allegedly target "20-25% in some teams."
Links 23/09/2026: Pax Silica Hub Ruins a Country for a Pyramid Scheme (Slop), Convicted Felon's Press Block Resembles Iran, Russia, China
Links for the day
Gemini Links 23/09/2026: Stuck, Gambling, Fury Road, IPFS, and More
Links for the day
The Register Got Paid Today to Spew Out "AI" Almost 50 Times (Keeping the Pyramid Scheme Buzzing in Headlines)
paid-for spam
IBM's Anderon Already Smells Like a Fraud and IBM Insiders Heckle the Lies From the Management
Sabine Hossenfelder recently made some videos which explain in simple terms why IBM is lying and has already lied about this for years
Links 23/09/2026: Mass-Surveillance by Clownflare and "Data Centre" Crunch Commences
Links for the day
Same Name/Brand, Not the Same Project/Product
What is Linux becoming?
Germany, Like Switzerland, Will Dump Microsoft's Proprietary Software and Disservices, Then Dump Windows for GNU/Linux
This impacts not only the Windows revenue; this corrodes any "rents" Microsoft was getting from "subscriptions"
3 Years Divorced From Americans
Next year we plan to pursue the UK's Court of Appeal
The Register MS Uses Slop About Slop (in Images)
Months ago we caught The Register MS using slop for text as well
There Are Likely Over a Thousand Internet Relay Chat (IRC) Networks Online, Net Gain of 16 Seen This Month by Andreas Gelhausen's netsplit.de
It's good that they're still tracking that sort of stuff
SLAPP Censorship - Part 195 Out of 200: Two Years Since Garrett, Graveley and Lozza Worked in Parallel to Censor Techrights
It began in September 2024, shortly after we had sued Garrett
Linux Kernel Becoming a Slopfest - Part 8 - In Conclusion
this can invite more SCO-like problems in the future
Microsoft Shuts Down More Studios, Morale Low, More Mass Layoffs Ahead of Reports
They pretend it's not happening or that it's a lot smaller than it actually is
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 22, 2026
IRC logs for Tuesday, September 22, 2026
Gemini Links 23/09/2026: Ljubljana, Poetry, and FORTRAN
Links for the day
The EPO's Central Staff Committee (CSC) Shows Job Insecurity at Europe's Second-Largest Institution
Who would want to join a company with such low job security?
There Are Thousands More Microsoft Layoffs (Including Silent Layoffs), Not Hundreds
Microsoft does have layoffs and today is no exception (except Microsoft talks about it)
Gemini Links 22/09/2026: Disability Studies, Slop Boosters, and TkInter
Links for the day
Links 22/09/2026: Flock is Collapsing Amid Mass Backlash and Internet Society Collaborates With the 'Epstein Class' (Trafficking of Women)
Links for the day
SLAPP Censorship - Part 194 Out of 200: The Court Needs to Also Look Into Microsoft-Controlled Restricted Boot Advanced by An American (Garrett) to Promote Monopoly and Back Doors Everywhere
Kill switch sold as 'security' is like euthanasia sold as a cure
Linux Kernel Becoming a Slopfest - Part 7 - Infested With or Plagued by Bot-Generated Slop, Committed by Microsofters
Slop is a security threat; even the person committing slop to Linux might not be aware that there's a back/bug door in the code
Raspberry Pi Has Microsoft Secrets Inside, Now DRM
now we deal with SBCs that have DRM in them, put there for commercial reasons
Edward Snowden Lost His Voice, Then His Leaks Lost Exposure (Access Denied)
When states want to deny people access to some information they have many tools at hand
2 Hours Ago The Register MS Published a Page That Says "AI" 42 Times Because It Was Paid to Do So
Still inflating the bubble for money
Gemini Links 22/09/2026: Scout Night, Cybernetic Capitalism, and Thoughts on Companies Forcing People to Adopt Plagiarism Engines
Links for the day
Links 22/09/2026: "An Arsenal of Surveillance" and Slop Bots Suggest Starting Wars
Links for the day
SLAPP Censorship - Part 193 Out of 200: Breaks GNU and Linux, Tries to Silence Critics, Loses All Money, Looks for Microsoft Allies and Sponsors
The latest emotional knee-jerk reactions serve to confirm what we have long said
Things Will Only Get Better (as We Go Backwards)
It only gets better. If you go back in time.
UK High Court Shows SRA is Totally Useless in Curbing SLAPPs, This Has Impact on Our Reporting on the SRA Next Week
We'll carry on our coverage and soon finish the current series that so we can get on with more time-sensitive ones
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 21, 2026
IRC logs for Monday, September 21, 2026