Bonum Certa Men Certa

IBM and Its Terrible Software Patents, Which Are Disguised as 'AI', 'Cloud', and More Recently 'Blockchain'

Watchtroll (Quinn) has just published a portrait of his (bottom)

Watchtroll himself (Quinn) angry



Summary: The blockchain hype which facilitates the patenting of many algorithms is being noticed; but what might the courts decide on such questionable patents, which even PTAB is likely to invalidate pretty quickly?

THE EPO favours particular software patenting buzzwords which the USPTO adopted as well. "Blockchain" is one of those, albeit blockchains are mostly hype, much more so than a buzzword per se (there's a clear technical concept behind blockchains but almost everything with a database can be spun as "blockchain" -- same for algorithms as "AI").



"...blockchains are mostly hype, much more so than a buzzword per se (there's a clear technical concept behind blockchains but almost everything with a database can be spun as "blockchain" -- same for algorithms as "AI")."Over the past couple of years we've composed several dozens of posts about patents that are labeled "blockchain/s" (here's an overview from January). We thought it would be a passing fad or a temporary bubble; but it still hasn't burst, not entirely anyway. It certainly will when some of these patents are assessed and rejected, repeatedly even, by lower and higher courts in Europe and the US. For the time being, many of these patents are just 'harvested' or 'stockpiled', often by notorious patent trolls and giant corporations looking to guard themselves from emerging trends/competition. They don't want to risk having these patents considered by courts. Earlier this weekend this cryptocurrency-themed Web site wrote about "Blockchain IP [sic] Protection". Those sites just keep hyping "blockchain/s" and this one said: "Formerly identified as IPCHAIN Database, Vaultitude is an Intellectual Property (IP) management and protection platform that implements blockchain technology. Through its new standards of IP management and protection, the platform provides innovators, artists, inventors, scientists, and companies with an effective tool containing different core features."

The lawyers' 'community' (or 'industry') has long obsessed over "blockchain/s" for two reasons; first, it saw it as an opportunity to ride a wave to patent software and second, in our humble assessment, it has been led to believe that distributed databases -- a concept few of these lawyers even understand -- would somehow (magically) revolutionise their field/profession. The latter isn't a justifiable belief and the former is a temporal reality; wait until it blows in their face -- or rather -- in their clients' face. Imagine investing millions if not billions in some worthless patents.

"...wait until it blows in their face -- or rather -- in their clients' face. Imagine investing millions if not billions in some worthless patents."As should be widely known by now, IBM is still pursuing worthless, useless software patents. IBM loses its mind over it and now spends a fortune lobbying for software patents (IBM has become a lot worse than Microsoft in that regard). IBM wants us to think that "blockchain/s" patents are worth pursuing while its front group OIN does the same. A few days ago at Bitcoin Exchange Guide we found coverage titled "IBM Continues Distributed Ledger Future Securing 2 Crypto Patents" (don't worry, these are worthless software patents).

Assuming IBM can use such patents in bulk against some small companies, IBM might be able to dodge a court battle (i.e. no scrutiny for these software patents). To quote:

Blockchain integrity and security is something that is always constantly talked about and hotly discussed. Recently, the technological giant IBM has acquired two crucial and influential patents that will change the marketplace of cryptocurrency security.

[...]

This ultimately allows for a more citable and understandable definition of a checkpoint. Moving forward, many companies will look to this as a key building block for companies wishing to utilize and create blockchain technology. When IBM goes to make any product in the future they will likely rely on this patent because it is at the core of just about all blockchain technology.


It's pretty obvious that these are software patents. Who is IBM kidding? Hasn't it been 'lectured' by PTAB enough already?

As one PTAB critic (patent attorney) noted the other day: "IBM loses another patent application to 101 at the PTAB: https://anticipat.com/pdf/2018-05-14_12615476_178455.pdf …?"

"It's pretty obvious that these are software patents. Who is IBM kidding? Hasn't it been 'lectured' by PTAB enough already?"There's also this nugget of information: "Of 16 IBM Cases with 101 Rejections Decided by the PTAB from May 2017-May 2018, 14 Examiner 101 Rejections Were Affirmed and 2 Examiner 101 Rejections Were Reversed."

So many of IBM's patents -- not just the "blockchain/s" -- are likely worthless. They're just waiting to be voided (if PTAB gets petitioned to do so).

IBM really hates Alice. IBM nowadays writes rants for Watchtroll -- a pretty extremist site -- in which it is ranting about PTAB, Section 101 and so on. IBM has, in effect, become a patent radical. Here's the latest Alice rant from Watchtroll. Sanjeev Mahanta wrote the following just 2 days ago:

In mid-2016 the Federal Circuit issued two decisions, Enfish v. Microsoft (“Enfish”) and Rapid Litigations v. Cellzdirect (“Cellzdirect”), in which it provided additional information and clarification on the inquiry for identifying an abstract idea (Enfish) and a law of nature (Cellzdirect). In these decisions, the court found claims patent eligible based on the determination that they were not directed to a judicial exception in step one of the Mayo/Alice two-step subject matter eligibility test. Analysis under step two was therefore not necessary. The court observed that the formulation by the U.S. Supreme Court of a two-stage inquiry – involving first determining whether the claims at issue are “directed to” a patent ineligible concept – implied that the “directed to” inquiry was a substantive inquiry, and not limited to simply asking if the claims involved a patent-ineligible concept. Enfish at 10. As the Federal Circuit continues to refine the standard for subject matter eligibility, it is of interest to see how these decisions are influencing the outcome of patent eligibility disputes. Vanda Pharmaceuticals, Inc. v. West-Ward Pharmaceuticals (“Vanda”), decided April 13th, 2018, provides an interesting example in this regard.

[...]

Judge Prost next compared the claims to the claims in Mayo to determine how much weight should be given to the recitation of specific dosages of iloperidone. Recall that in Mayo, the claims were directed to a method of optimizing therapeutic efficacy for treatment of an immune-mediated gastrointestinal disorder. Id. at 2-3. The method required (a) administering a drug providing 6-thioguanine to a subject having the disorder; and (b) determining the level of 6-thioguanine in the subject. The claim further recited that the level of 6-thioguanine less than about 230 pmol per 8×108 red blood cells indicated a need to increase the amount of the drug subsequently administered to the subject and the level of 6-thioguanine greater than about 400 pmol per 8×108 red blood cells indicated a need to decrease the amount of the drug subsequently administered to the subject.


Watchtroll himself (Quinn) would not be as softly-worded as the above (Mahanta is actually a scientist, unlike Quinn), but watch what Watchtroll wrote about 35 U.S.C. €§ 101 (Alice) in relation to the recent SAP case (a case which we covered at the time). Watchtroll wrote [via] (and notice the bizarre choice of picture) that "SAP had filed a declaratory judgment action in 2016 alleging, among other things, that the patent claims of U.S. Patent No. 6,349,291, owned by InvesetPic, were are invalid because their subject matter is ineligible for patenting under 35 U.S.C. €§ 101. Ultimately, the district court determined that the patent claims in question were directed to an abstract idea and lacked an inventive concept necessary to save the invention under 35 U.S.C. €§ 101."

"All this "blockchain" nonsense isn't patent-eligible. It's abstract; those are software patents."Mind the nature of this patent. Did they not anticipate such an outcome? Days ago, linking to the Bloomberg "blockchain" hype, this one person wrote: "Staying positive but this is a race to nowhere. Our Courts are hostile and unpredictable to pure software type inventions like blockchain. If you get lucky at the @USPTO the patent can quickly be shot down by a District court judge."

Well, get used to it. All this "blockchain" nonsense isn't patent-eligible. It's abstract; those are software patents.

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
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"
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
 
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
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
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
Links 21/09/2026: "Lies of the Hey Hi (AI) Industry" and Solar Power Is Getting Cheap
Links for the day
Gemini Links 21/09/2026: Equinox and Beginner's Guide to Gemini
Links for the day
Links 21/09/2026: "Back On My Bicycle" and American Regime's War on Media Escalates Further
Links for the day
SLAPP Censorship - Part 192 Out of 200: The Hired Guns of Garrett and Graveley Sent Us USB Sticks (One to Me, One to My Wife) Showing Lozza Talking to Garrett About Censoring/Deplatforming Techrights the Same Time Graveley Was Copy-Pasting Garrett's Lawsuit
Next year we plan to bring this matter to the Court of Appeal
Linux Kernel Becoming a Slopfest - Part 6 - Seeing Who Contaminates Linux With Slop (And Also Admits It)
Today we begin looking at some culprits
2026: The Year Galleries Realised the Need to Flag or Cull Slop Images
Society needs to shun slopfarms, people who use LLM slop (for anything at all), companies that use bots (which they dub "agents"), and so-called 'coders' who volley garbage into project and software hubs
Software Freedom Day Celebrated in 5 or 6 Continent
Software Freedom Day (SFD) 2026 was big this year
SLAPP Censorship - Part 191 Out of 200: Garrett, Graveley and Lozza
They talk to and coordinate with one another
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, September 20, 2026
IRC logs for Sunday, September 20, 2026
Gemini Links 21/09/2026: Digital Hoarder, GTD, Minimalism vs Digital Minimalism, Rejection of LLMs
Links for the day