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

Corporate Media: Blame the People Who Enter the Abandoned IBM Buildings, Not IBM for Abandoning Workers in Pursuit of IT Sweatshops
When the media spreads falsehoods stocks can go up (a lot higher), but at whose expense and how long for?
 
Keeping Available the Site at All Times
Informal arrangements and crowdfunding keep our work available despite resistance (including from people who break the law)
What If "Era of AI" and "AI Revolution" (Fake News) Never Happened?
So how much longer before the bust (or bubble-burst)?
GNU/Linux Approaches 5% in Australia
5% by year's end?
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled
Europe/EU is Moving Towards Independence, Fast to Adopt Free Software
More and more states (governments, public sector) in Germany are dumping Microsoft
GNU/Linux Grows at the Expense of Windows
People who want to get work done already left Windows
Tux Machines Growing as a Volunteers-Run Site
Historically the site did not have many original stories, but this changed as the audience grew and the site gained more recognition
Links 12/07/2026: European Commission Versus ‘Addictive Design’, "Google Loses Final Appeal Over $4.7 Billion EU Android Antitrust Fine"
Links for the day
GNU/Linux Market Share Increases Some More Today, statCounter Measures It at 7.3%
Will more such thresholds and records be broken?
Gemini Links 12/07/2026: Studying Languages and 2026 Old Computer Challenge (OCC)
Links for the day
EPO "Cocaine Communication Manager" - Part XIII - At the EPO, Cocaine Addicts and Their Friends Are "Protected Class"
What does that tell us about the EPO?
Increasing Output by Focusing on Originals
It's probably more important to carry on with these than it is to keep abreast of non-crucial news
Amid Strikes and Industrial Actions, Young Professionals at the European Patent Office (EPO) Kept on 'Short Leash', According to the Local Staff Committee The Hague
Issues affecting Young Professionals
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 11, 2026
IRC logs for Saturday, July 11, 2026
Blogs May be Making a Comeback (They're Not Fediverse, They Are Joined by RSS Feeds)
Don't fake expansion where none existed
ChromeOS and GNU/Linux in the United Kingdom Reach 11%
the UK shows signs of digital maturity
Canonical is Selling Microsoft, It Pays The Register MS to Sell Microsoft
It's all about money to them. And they call this journalism.
When Red Hat's HR Becomes the Same as IBM's HR (Bluewashing)
Red Hat keeps sacking very experienced engineers and adding temporary interns
GNU/Linux Growing in East Asia
Assuming this is more or less accurate, we could use a plausible explanation
SUEPO Munich Report on the Recent EPO Demonstration and Rolling Strikes That Continue to Grow
"increasing registrations for the 'rolling strikes' running until autumn"
Over a Week After Microsoft Discontinued Some XBox Models It Apparently Exits Some Markets Altogether
We seem to be witnessing the end of XBox
Gemini Links 11/07/2026: Old Computer challenge, Poems, Antenna, and More
Links for the day
Links 11/07/2026: "Trademark wars of Influencer Culture", Xinuos Uses Copyrights Versus UNIX
Links for the day
North America: GNU/Linux Measured at 10%
To better understand what contributes to the gains
Following Corrections and Adjustments statCounter Sees GNU/Linux at 7.1%, an All-Time High
There is a lot of layoffs at Microsoft this month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 10, 2026
IRC logs for Friday, July 10, 2026
Links 11/07/2026: Wednesday-Saturday News Catch-up
Links for the day
Prioritising High-Importance News
In order to fully catch up with news we'll not publish many new articles until next week
The Register MS: "AI" More Than 80 Times in One Article. But It's Not an Article, It's Sponsored Keyword-stuffed Page.
The Register MS is being paid to actively promoted this scheme
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, July 09, 2026
IRC logs for Thursday, July 09, 2026
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, July 08, 2026
IRC logs for Wednesday, July 08, 2026