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

Being Prevented From Accessing One's Own System Means Getting Locked Out, Not Security
a metaphor
3/4 (Three-Quarter) of Requests Seen by statCounter (Originating From Desktops/Laptops) Deemed to be "Linux" in San Marino
74% Linux, it says...
The Linux Foundation Does Not Work for Linux, Definitely Not for Free Software
works for its biggest sponsors, i.e. companies like Microsoft, IBM, and others
The European Patent Office's (EPO) Crisis Week Ends Today, the Rest of the Year Will be EPO Staff on Strike
The outcome of the two-day meeting won't change the fact that EPO staff is on strike for the whole year
British Women Don't Want to Work for American Men Who Attack American Women
"[g]reeting clients and preparing beverages"
Mass Layoff Event on June 30 at Red Hat? Let Us Know...
We are looking for more Red Hat whistleblowers
IBM Red Hat Kicks Out the Community, Promotes Slop
It has gotten so bad
 
John Been (reallinuxuser.com) May Have Crossed Over to the 'Dark Side' of LLM Slop
It 'smells' like it, a scanner seems to concur
Who or What is "Nadeko"?
Fijxu's services make life a lot easier for Free software sticklers
10 Years Since the World Lost Ian Murdock
My wife and I still use Debian, as does this site
No, Microsoft is Not Laying Off 5,000-6,000 But a Lot More
There are "buyouts", "PIPs" (silence layoffs), pink slips, and future waves, not counting subsidiaries and contractors
The Cyber Show's Andy and Helen Confronting 'Upgrades'
the latest from Andy and Helen
statCounter Sees Almost 1 in 10 Desktops or Laptops in Egypt as GNU/Linux Workstations
10% "market share" (for GNU/Linux) was nearly attained last month
The March of GNU/Linux in the Russian Ally, Belarus
record high for GNU/Linux in Belarus
Technology is Getting Objectively Worse and Less Reliable
Something went horribly wrong
FOSS Force 2026 Independence Drive Lacks Independence From GAFAM's 'Linux' Foundation
We're not trying to 'bash' FOSS Force
News That Matters, News That's Exclusive, and News LLM Slop Will Never Get Right
Churning out blog posts just for quantity's sake was never our goal
Independence and Software Freedom
Much work remains to be done
European Patent Office (EPO) Series: Operation Monte Titano: Micro-State Diplomacy
On 28th May 2026 EPO President António Campinos paid a visit to the Most Serene Republic of San Marino where he was received with full diplomatic honours
Links 03/07/2026: Slop "Isn’t Replacing Lawyers", "App Fatigue"
Links for the day
Statement on This Week's DDoS Attacks
DDoS attacks are not a "badge of honour". They are a nuisance.
Skinnerboxes as Health Problems and Impediments (Against Happiness)
skinnerboxes are a form of addiction
Costa Ricans' Adoption of GNU/Linux Reaches New Highs
Windows is doing poorly in general
Gaming on Windows is in Trouble, XBox is Practically Dead Already
It seems increasingly clear that Microsoft wants to get rid of XBox
New Record for GNU/Linux in the World's Largest Muslim-Majority Population (287,983,025)
Will Indonesians leave GAFAM behind?
SLAPP Censorship - Part 126 Out of 200: Becoming More Aggressive Against Us Only Proves Us Right
the police involved
The Register MS Covers "AI" Because It Gets Paid to
A lot of noise "in the news" about "AI" is paid-for trash
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 02, 2026
IRC logs for Thursday, July 02, 2026
Gemini Links 02/07/2026: OpenBGPD, Newt and OpenBSD, Indieweb Theme for Ghost
Links for the day
Links 02/07/2026: China "Ethnic Unity" Law a Global Threat, "EU Imposes €3 Duty on Parcels From China"
Links for the day
Japan's Share of GNU/Linux Has More Than Doubled
GNU/Linux now sits around 3.5% compared to about 1% two years ago
'Largest Single Layoff Event In Gaming History' or 'Largest Single Layoff Event In Microsoft History'?
we need whistleblowers, not official or semi-official statements from Microsoft
Off-putting Terms or Behaviour That Keep Women Away From Areas of Technology (Not What IBM and GAFAM Tell Us)
the use of language
Microsoft Windows "Goes South" in South America, GNU/Linux Popularity Soaring
Brazil and its neighbours must have paid attention to what happened earlier this year in Venezuela
It's Not the Layoffs, It's the Debt
PIPs and/or "silent layoffs" are about the companies flouting obligations to staff, reducing or eliminating the compensation packages
European Patent Office (EPO) Series: Cutting Ribbons in Sintra While the EPO Burns
Like the Roman Emperor Nero, Campinos fiddles in Sintra while the EPO burns
In Spain, GNU/Linux Now Measured at 5.5%
Microsoft and Windows are generally shrinking
North America: GNU/Linux Leaps to 8% "Market Share"
the trend is clear
statCounter: GNU/Linux Has Risen to All-Time High of 6% Worldwide (July 2026)
GNU/Linux has massive gains
Not Tolerating Death Threats
Death threads are a serious matter
Silent Layoffs, 'Happy' Layoffs, and 'Buyouts' (Pretending to Voluntarily Retire)
We've been seeing lots of that at IBM and Microsoft
SLAPP Censorship - Part 125 Out of 200: Litigants in Person (LIPs) Handling American Lawfare Funded by Third Parties (About a Million Pounds for 100 Kilograms of Legal Papers)
An appeal to the Court of Appeal can be justified at one point
IBM HR "Process is Similar to Raising Farm Animals"
IBM "silent layoffs" won't stop
Attacks on the Sites
These are clearly censorship attempts
Links 02/07/2026: Microsoft May be Shutting Down 5+ Studios, Slop Got Too Expensive, "RAMpocalypse" Discussed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 01, 2026
IRC logs for Wednesday, July 01, 2026
Gemini Links 02/07/2026: Kondo, Theological Thought, and X4
Links for the day
Links 01/07/2026: Apple and Microsoft Price Hikes, Political Catchup
Links for the day
Parroting the Script of RAs and PIPs, "Buyouts" and Layoffs by Any Other Name
Over time people will find out just how many people "leave" IBM
Slop Gives No Real Edge, It's Just Falsely Marketed That Way (FOMO)
Plagiarism in some measurable form is always bad, irrespective of what we call it
The Microsoft-Owned Media Shows What Spin Microsoft Will Use Amid Mass Layoffs
Microsoft says goodbye to over 10,000 workers this month
Brett Wilson LLP Has Just Lost a Case of Its Biggest Client "IN THE COURT OF APPEAL (CIVIL DIVISION)"
Is Brett Wilson LLP proud of such clientele?
The Media is Shooting Its Own Foot by Peddling Slop and Spam
Nobody wishes to read slop; as soon as people realise "the news" (or "news site") is LLM trash, they will walk away
Gary Smith Says Brett Wilson LLP Engages in SLAPP Against Him Over LinkedIn Post, "This is the Streisand Effect in Real Time"
"Lawyers who front SLAPP‑style threats on behalf of powerful institutions are not “defending reputation”; they are abusing legal process to intimidate and silence legitimate public‑interest scrutiny."
Gemini Links 01/07/2026: Wild Flowers, Slop, and Waystone Tools
Links for the day
Links 01/07/2026: Bending Spoons Makes an 'Exit' ("Going Public"), US Supreme Court Rules on Many Issues
Links for the day
Misattributing Blame, the Core Issue is Slop
that issue has nothing to do with Bash
Microsoft: Layoffs Are an Investment
Sales of the console will take another plunge and debt will skyrocket
Links 01/07/2026: MElon (Elon Musk) "Confronted With List of People He Has Killed", Microsoft Ignores Union, Chooses "Bloodbath"
Links for the day
The Register MS: Paid-For SPAM Advocating Chinese Colonialism in Africa, Not Even a Disclosure (as Before)
Does The Register MS recognise what this piece is promoting and who for?
Techrights Never Defended Rapists
In the past, I and others got falsely accused of "defend[ing] a rapist"
"Regular Silent Layoffs and PIPs" at Microsoft, According to Microsoft Insider
Many people leave without a fuss, only a signed NDA
Gaming Companies Help Promote Rootkits ('Anticheat') and Help Microsoft Take Control of People's PCs
The industry in its current form acts a bit more like a cabal of power-hungry companies that actively try to back-door everything and smear people who oppose that
IRC (Internet Relay Chat) Turns 38 Next Month
IRC did well because over 300k users are on significant networks (simultaneous, also counting bots and cross-network overlaps)
opensourceforu.com is a Slopfarm, It's Not "Open Source" and It's Not "For U"
Slop "For U"
DRM and Ownership
We now even have PCs that "expire"
GNU/Linux Reaches 6% in North America
Tomorrow around 10AM we'll see what preliminary data they get for July
IBM Layoffs Still Happening in 2026, They're Just Not Being Reported
The demise of IBM accompanies the demise of the media
SLAPP Censorship - Part 124 Out of 200: The Court Deems My Wife Connected to the Case of the Serial Strangler From Microsoft, Invites Her to the Hearing Last Week
Brett Wilson LLP does not play by the rules
Paying Severance to Staff Laid Off by Microsoft Too Expensive for Microsoft Now?
When companies earn such a bad reputation (not paying severance to people they discard) it lowers morale even further
Microsoft Mass Layoffs Due to Money Problems (Debt, Lack of Money to Complete Payroll), Not "Hey Hi"
If Microsoft later comes up with some "Hey Hi" narrative, then immediately reject it
Stop Conflating Free Software With Slop Plagiarism and Time-wasting
Even decades ago people could use "compute" for lots of fuzzing, then file away false or unaudited reports using bots
What Security Means
Security does not mean asking Microsoft for permission
Microsoft May be Losing 10,000+ Workers This Month
Here's the quick math
BSN Senior School Leidschenveen is Shutting Down and What That Means to the European Patent Office (EPO)
Follow-up meeting with Site Manager VP1 on school matters
Gemini Links 01/07/2026: Keeping (Relatively) Cool plus Adventures in Solar, Camp Snap Cameras and XTEINK X4 Ereader Reviews
Links for the day
European Patent Office (EPO) Series: Different Strokes For Different Folks
Organisation operating in two parallel universes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, June 30, 2026
IRC logs for Tuesday, June 30, 2026
GNU/Linux Measured at 4.4% by statCounter, Even More by analytics.usa.gov
GNU/Linux has fared well