Bonum Certa Men Certa

US Patent Number 10,000,000 May be a Bogus One, as Per Alice/Section 101

It basically processes some signals using a computer algorithm

US patent number 10 million



Summary: US patent number 10,000,000 would likely be invalidated if challenged by an inter partes review (IPR), but it's being blindly celebrated by the patent microcosm regardless

THE quality of patents at the EPO sure is declining, but what about the US? Well, in the US a lot of patents continue to be granted, but courts reject the lion's share of these (which are asserted in courts or behind closed doors, instigating potential IPRs).



"People online have long obsessed over US patent number 10,000,000, even before it was named (or even its issuance date known)."Remember the hype about US patent number 10 million? That USPTO-granted patent is likely bogus too, as per the SCOTUS-inspired Section 101/Alice. We sure think so, but the Federal Circuit and the Patent Trial and Appeal Board (PTAB) have not looked at it yet. SCOTUS itself will be busy looking into Helsinn v Teva (mostly a prior art case) -- a subject still covered by Kevin E. Noonan (Patent Docs) and other patent maximalists. "The court in Helsinn v Teva appears will rule on the issue of whether the confidential sale or license of a not-yet-patented technology or process qualifies as prior art under the AIA," Managing IP wrote yesterday.

People online have long obsessed over US patent number 10,000,000, even before it was named (or even its issuance date known). More of this dumb obsession over the mere number of patents rather than their quality/value hasn't quite stopped yet; there's still more of that (see [1-3] at the bottom -- all from this week).

"Scroll down a bit and nothing will be found except diagrams which correspond to data flow (like pseudo-code), explicitly with a computer/processor named."Some people (a)(be)mused themselves by asking what would happen if a PTAB IPR rendered it invalid, making a sort of void at that historic point in the series of granted patents. We've already mentioned a couple of times that the patent may be abstract. Someone has just said: "The 10M patent issued for a "Coherent LADAR Using Intra-Pixel Detection" last week. It wasn't deemed to be "abstract"? Weird. It seems like all examiners these days are smoking cigs at a French cafe contemplating existence. Just kidding. Pretty cool!"

So let's look at it. The USPTO made a special URL for it: https://10millionpatents.uspto.gov/docs/patent10million.pdf

"We understand that this may upset patent maximalists and the person to whom this patent was assigned, but it reads "Section 101" all over it."Scroll down a bit and nothing will be found except diagrams which correspond to data flow (like pseudo-code), explicitly with a computer/processor named. So what's the invention here really? Surely not the methods of acquisition of signals.

We understand that this may upset patent maximalists and the person to whom this patent was assigned, but it reads "Section 101" all over it.

Suffice to say, patent maximalists would rather obsess over cases which better suit their agenda. Yesterday, for instance, Kluwer Patent Blog covered this (a case from last week):

The Patent Trial and Appeal Board correctly determined that claims 1-8 of a patent for a method for drilling holes for dental implants, held by Sirona Dental Systems GmbH, were unpatentable as obvious in light of prior art, the U.S. Court of Appeals for the Federal Circuit has ruled. Further, the petitioners, Institut Straumann AG and Dental Wings Inc., failed to demonstrate that claims 9-10 of the challenged patent were unpatentable, as the Board correctly found. However, the Board erred when it denied Sirona’s contingent motion to amend the claims of its patent, and that ruling of the Board was vacated, and the dispute remanded with instructions to the Board to reconsider in light of recent precedent (Sirona Dental Systems GmbH v. Institut Straumann AG, June 19, 2018, Moore, K.).


This case, which was judged (or ruling authored) by Moore, is the exception, not the norm. For a more realistic view of what happens at PTAB see the insanely angry Mr. Gross, who just keeps bashing PTAB every hour of the day. Yesterday he called "MALICE", said he "[a]lmost fell out of my chair", used words like "trashes" and went all caps with "THIS IS COMPLETELY FALSE; ENFISH SAYS "RELEVANT" NOT "MANDATORY"..."

"Goodbye software patents. Goodbye US patent number 10,000,000 as well? We might never know unless someone files an IPR or the patent goes to court."He called "nonsense" and moaned the loss of another patent from big bully IBM. Basically, almost everything perishes at the altar of PTAB and patent maximalists who are connected to patent trolls can't stand it. There was only one exception to this ("reversal today of ۤ101 rejection at PTAB").

The sidekick of Gross brought up the much older Bilski case and said: "In Bilski, J Kennedy worried about the risk that he might "create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals.""

Why worry? It's a good thing. Goodbye software patents. Goodbye US patent number 10,000,000 as well? We might never know unless someone files an IPR or the patent goes to court.

Related/contextual items from the news:



  1. Celebrating American ingenuity to the 7th power
    From mainframe computers to mobile devices, from vaccines to cures, American ingenuity underwritten by the U.S. patent system has compounded over time to make our lives longer, more productive and more fulfilling.


  2. From 1 to 10,000,000 – A History of Patents


  3. The USPTO passed up a “golden opportunity” with its Raytheon 10 millionth patent award, expert claims
    The USPTO missed out on a significant chance to have a major impact with its choice for the 10 millionth patent, according to Matt Troyer, director of patent analytics at IP services provider Anaqua. “The news definitely made some noise,” he told IAM, “but this was a missed, one-of-a-kind opportunity to pay tribute to the acceleration of technology, celebrate 228 years of US innovation and pave the way for the next generation of inventors.” Last Tuesday the office issued patent number 10 million to Raytheon’s Joseph Marron for a method of getting real-time readings from LADAR.




Recent Techrights' Posts

The Ultimate and Inevitable Fall of OpenAI (Even Brave is 'Bigger' Now)
"When you advertise at the Super Bowl, you’ve reached just about every consumer in America. It’s the last stop. If you’re not profitable yet, you never will be."
 
Links 10/02/2025: Ban on D.E.I. Language, Listeria Risk/Outbreak
Links for the day
Links 10/02/2025: Announcing "Stringless" and Mental Health Improvement
Links for the day
Links 10/02/2025: Facebook Mass Layoffs, "Meta" Did What Aaron Swartz Had Done But to the Tune of 81.7 Terabytes
Links for the day
Microsoft Tarnishing the Brand of Arch
Of course Arch can do whatever it wants, but being associated with Microsoft is a badge of shame
Adding Slop to Your Blog Only Makes One Assume All the Text is LLM Slop
Simon Coter from Oracle has turned to slop
Macao is Leaving Microsoft Behind
Windows is falling to new all-time lows
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 09, 2025
IRC logs for Sunday, February 09, 2025
Microsoft's WSL (LSW) Shows That It Can Never Love Linux, Only Windows
that's just how Microsoft rolls
Activism in Times of War and a Coup
'Linux' Foundation works for fascism
What the Silencing of Neatnik Tells Us About Linus Torvalds Inside a Microsoft-Dominated 'Linux' Foundation
Is Linus Torvalds free to express his mind as he wishes about every topic, even just any technical topic?
Windows Down to 11.35% in Senegal, as Measured by statCounter
Another all-time low (Windows was at 99% in 2009)
"Latest Technology News" in BetaNews is LLM Slop Promoting OOXML and Proprietary Software at the Expense of LibreOffice and OpenDocument Format (ODF)
Remember that "open-source" and Open Source aren't the same; the former is fake
Links 09/02/2025: Coffee, Toxic Productivity, and Programming
Links for the day
Debian's Human Rights violations & Swiss women Nazi symbolism
Reprinted with permission from Daniel Pocock
Links 09/02/2025: Software Patents on MP3 and Another Scam Dressed Up as "Crypto"
Links for the day
Links 09/02/2025: Russian Energy Cut Off, LLM Pushers Show Signs of Desperation
Links for the day
Richard Stallman (RMS) Does Not Have Media Companies and Lobbyists on His Side, But His Message Spreads Regardless
The message of RMS is spreading in spite of all the smears
GNU/Linux Rises to All-Time High in Chile
sharp rise for GNU/Linux in Chile
Links 09/02/2025: Hottest January on Record, Panama Blackmailed
Links for the day
Why We Still Love Gemini Protocol
Gemini Protocol may seem like something "old" (it's actually very new) and something "nobody would use", but many people use it
Gemini Links 09/02/2025: "Died as a Mineral" and Game Interface for a Non-Game
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 08, 2025
IRC logs for Saturday, February 08, 2025
Links 08/02/2025: UK Back Doors and Religious Fundamentalists in Positions of Higher Power
Links for the day
Today's IBM (Red Hat) Isn't the Company That Fought a Microsoft-Sponsored SCO in Court
IBM is nowadays in a state of rapid disintegration
When You Simply Rebrand Almost Everything as "Hey Hi" ("AI"), "Hey Hi Workloads", "Hey Hi Datacentres" and Whatnot
The "growth" has been a growing lie for years if not decades
Microsoft Windows Falls to 12% in Myanmar
Remember that Microsoft is virtually 0% in mobile
This is the Man Who's Attacking Linus Torvalds et al in "a Disease" (Social Control Media)
One thing that Richard M. Stallman and Torvalds can agree on is that Social Control Media should be avoided
Gemini Links 08/02/2025: "Thought Leaders" and Returns to Gemini Protocol
Links for the day
Links 08/02/2025: MElon Coup, Mass Layoffs at Facebook, and PlayStation Network Down
Links for the day
Unlike GAFAM, Free Software Serves You, It Does Not Serve Governments and MElons (Overlapping Forces)
Tired of oligarchy controlling your life through gadgets and "apps"?
On Wars Against Founders
We need to insist that founders remain
When It Comes to Social Control Media, Linus Torvalds is Channeling Techrights
GAFAM workers know exactly who to aim at
New EPO Paper: Promoting (Rewarding) People Who Grant Many Illegal European Patents to Make More Money (at Europeans' Expense) While Patent Courts in the EU Are Themselves Illegal
now the coup is sort of complete and even the "courts" are part of the corruption
Slopwatch: Carnival of LLM Slop and FUD Spewed by Bots, Pasted in by MaKenna Hensley and Day
Welcome to the Web in 2025. Articles about "Linux", "Security", and the Web (e.g. "Firefox") are fake.
Links 08/02/2025: News Corp Admits Traffic Declines, Wildlife Trafficking Tackled
Links for the day
Gemini Links 08/02/2025: Lamp and Notions
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 07, 2025
IRC logs for Friday, February 07, 2025