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

Intercontinental Brigading - Part XI - Losing Over a Million Pounds (Borrowed Money) to Try to Silence Critics of Restricted Boot With Microsoft-Controlled "Certificates"
Garrett is also very jealous of Daniel Pocock
 
The World Needs Activists With Social Skills and Perseverance
An everyday activist makes life better for everybody, everywhere (not for personal gain or even credit)
Intercontinental Brigading - Part XII - Lawfare to Cover Up Microsoft's Restricted Boot Calamity (Microsoft as Authority Over Linux), Garrett Wants to Talk About Penises Instead
When lawsuits become a political weapon
Without Microsoft's Monopoly (and Monopoly Rents) the Inevitable Microsoft Mass Layoffs Carry on Endlessly
Microsoft Windows is not retaining the dominance it once had
IBM's Debt Grew About $2 Billion in 3 Months
The silent layoffs still seem to impact Red Hat
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 22, 2026
IRC logs for Thursday, October 22, 2026
Gemini Links 22/10/2026: Solar MiniBBS, Building Major Tom, and Zig
Links for the day
Links 22/10/2026: Busan’s Celebrity Shark in Canal Again
Links for the day
Links 22/10/2026: "Software Developers Have Been Promoted Into Incompetence"
Links for the day
Links 22/10/2026: eBay to Lay Off a Tenth of Staff (Again), Node.js and PHP Security Crises, Climate News
Links for the day
Red Hat Layoffs Still Going on This Week (Whilst IBM's Debt Grows in Spite of Mass Layoffs)
IBM is bluffing/cheating the shareholders again
IBM's Debt Continues to Increase While the Company Rapidly Shrinks
This is what a dying company looks like
Linux Kernel Needs Diversity and Diversity of Good Code, Not LLM Slop
Linux (and Linus) are kicking a can down the road
Microsoft Shrinks Every Year
Microsoft will try to spin or twist this as "efficiency"
Gemini Links 22/10/2026: Holiday Inn and Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 21, 2026
IRC logs for Wednesday, October 21, 2026
Techrights Was Right About a Fake Security Model Built Around Lies or Built Upon Trust in "Certificates" and "Authorities" (like Microsoft)
We have begun to amass some media reports and blog posts from technical sites
Windows Monopoly is No Longer Sustainable (the Case of Oceania)
This is why Microsoft layoffs are happening all the time
Some Downtime Possible Shortly (Router Work)
We don't use PHP in the site anymore
Mass Layoffs at Microsoft This Week and/or Next Week
Cannot pull a bunny out of some hat
With Its Future on the Line, EPO Management (Dictatorship) Resorts to Further Escalations to Fake 'Production' and Curtail Industrial Actions
It's clear that with a yearlong campaign of industrial actions - including strikes - Campinos cannot save face anymore
Gemini Links 21/10/2026: Summer Day in Tokyo (30c in Late October) and Whole Food for the Whole World
Links for the day
Links 21/10/2026: "Zelensky Took the Gloves Off This Time With Convicted Felon" and "Cellebrite iPhone Radio Zero-Day"
Links for the day
Reuters is Becoming Slop, Not a News Agency (Treat Reports From Reuters Sceptically)
In their own words
Disclosure/s Crisis at The Register MS (Promoting a Ponzi Scheme for Money)
So now they sell several schemes/scams at the same time, not limited to the slop
Links 21/10/2026: "The Tragic Death of the Republican Party" and "No War But Data Center War"
Links for the day
Internet Relay Chat Still Growing
The numbers go up, not down [...] Don't believe the doomers
Intercontinental Brigading - Part X - American Back Doors Inside Our Computers, With Transatlantic Swatting Against Critics Thrown 'Into the Mix'
"If your Windows PC's Secure Boot certificates are out of date, your system is vulnerable to malware like rootkits."
Gemini Links 21/10/2026: A Walk Through Amsterdam and Pythagorean Theorem
Links for the day
More Mass Layoffs at Microsoft Weeks From Now, Then Again Months From Now
Microsoft's crisis is not limited to XBox
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 20, 2026
IRC logs for Tuesday, October 20, 2026