Bonum Certa Men Certa

Section 101/Alice Patent Ineligibility Would Include Artificial Intelligence and Blockchains

So why do many firms still pursue patents in AI and blockchain 'clothing'?

Tube
Formula for success at the patent offices (sometimes), but not at patent courts



Summary: In an effort to make algorithms sound more advanced or more scientific applicants now ride the hype waves (fashionable trends), hoping that examiners would grant out of ignorance (of the said buzzwords/hype)

THE patenting of software was always our first and foremost concern, predating by 8 years our in-depth EPO coverage, which also concerns software patents in Europe.



In the United States we've been seeing a retreat to buzzwords and hype; applicants try to disguise the fact that the patents they pursue simply cover some algorithms. Buzzwords and hype are increasingly being used to pursue software patents that are totally bunk. Such patents would be invalidated in courts (if that ever reached them).

"In the United States we've been seeing a retreat to buzzword and hype; applicants try to disguise the fact that the patents they pursue simply cover some algorithms."Bereskin & Parr LLP's Isi Caulder and Paul Blizzard have just published this article at Lexology; it speaks of "Expanding Use of AI and ML software at Intellectual Property Offices (IPOs)," by which they mean automation of examination and search using clever algorithms, not necessarily patenting of these underlying algorithms.

To quote:

On February 8th, 2018 the World Intellectual Property Office (WIPO) released a summary[1] of the replies given by national and regional IPOs about the use of Artificial Intelligence (AI) and Machine Learning (ML) software in the administration at the IPO, and the results are a very interesting perspective on the adoption of various legal tech initiatives in government and administrative environments.

[...]

The report pointed to numerous different use cases for AI in the administration of IP, including automatic patent classification, automatic recommendation of classes for goods and services in Trademark applications, prior art searching and analytics, Trademark image searching, Trademark examination as a whole, helpdesk services for Applicants, general administrative tasks for IP management, machine translation of foreign language documents, and data analysis for economic research.


WIPO, incidentally, also promotes patents on so-called 'AI', not just use of it for patent processes. The EPO has been doing a lot of that lately.

Strafford now promotes software patents under the umbrella of "Machine Learning"; those are software patents and mathematics, statistics. Those would not be valid under €§ 101, but they frame it as a sort of open question: "How can patent counsel meet the requirements under €§101 and €§112 in machine learning patent applications?"

"Aside from the "AI" hype there's also "blockchain" and patents that claim to be on or pertaining to blockchains."Well, Strafford is just interested in litigation (see this other webinar it has just advertised; it's about PPH).

Aside from the "AI" hype there's also "blockchain" and patents that claim to be on or pertaining to blockchains. These are worthless patents. They would never withstand scrutiny of higher courts. It's part of a patent gold rush in the US and elsewhere. Days ago there was this article about it which said:

While the landscape for blockchain is still in its infancy, its potential has led the world’s leading accounting firms to explore ways to implement the emerging technology in their work. The latest is Ernst & Young LLP which has acquired certain technology assets and patents to boost its services for crypto assets.

Accounting services firm has purchased the Andy Crypto-Asset Accounting and Tax (CAAT) tool from the US-based startup Elevated Consciousness, Inc. The solution connects with multiple cryptocurrency exchanges and wallets, allowing for better visibility into cryptocurrency transactions.


Those are just software patents. We couldn't help noticing this new tweet, which correctly points out: "What kind of protection today are #blockchain patent owners expecting? Even with long claims (which diminishes value) the courts can quickly invalidate under #Alice for abstraction. Is long term bet that eligibility laws will open up?"

"If quality control isn't taken seriously, people will gradually learn that there's no point bothering with the system."Where we are at the moment isn't too encouraging; patent offices grant software patents under the guise of supporting "AI" and other vague concepts; what will happen when many of these patents get invalidated, ruining confidence in the remainder and devaluing the system? If quality control isn't taken seriously, people will gradually learn that there's no point bothering with the system.

Recent Techrights' Posts

European Qualifying Examination (EQE) Being Reduced to Pieces of Papers One Can Buy, Patent System Rapidly Losing Its Legitimacy
Welcome to the "new Europe"
IBM Cannot Even Do Payroll, Now a "Legitimate Target" of Iran
Missiles or not, it seems like IBM systems will be targeted more by cybercriminals
 
When Everybody Has a Right/Access to An Attorney/Lawyer (But Some Get Funding From Malicious American Corporations to Spend a Million Dollars on Many Lawyers and Several Barristers)
And send about 75 KG of legal papers to the residence of the "opponent"
Priorities in 2026
2026 is an interesting year
Willis Towers Watson (WTW) Producing More Propaganda for EPO "Cocaine Communication Managers"
The Local Staff Committee The Hague (LSCTH) has this new paper about Willis Towers Watson (WTW) and its annual EPO-sponsored propaganda, pretending all is well when things are clearly dire
Head of Microsoft Office and Microsoft 360 is Leaving Microsoft Amid Problems and Mass Layoffs
Microsoft is like a "legacy" company
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 12, 2026
IRC logs for Thursday, March 12, 2026
Gemini Links 13/03/2026: "Someone to Take Over Antenna" and Random Seed/RNG
Links for the day
By Expanding to Advocacy of Ponzi Schemes and Bill Epsteingate (Sex Trafficking), Linux Foundation Revenue Grew to $220,730,594, But Salary of Linus Torvalds Not Even in Top 10 Anymore!
true!
In the Name of Transparency, Today We Show Our Defence and Counterclaim
already uploaded by the other side
Links 12/03/2026: Heating Bills to Soar, "Banks in Gulf Evacuate Their Offices"
Links for the day
Gemini Links 12/03/2026: On Phone Anxiety and Bjorn "Looking for Someone to Take Over Antenna"
Links for the day
Cultification: best candidates avoiding Debian leader elections
Reprinted with permission from Daniel Pocock
Richard Stallman (RMS) et al Cited in 'Nature' (Journal/Site) Today, "CODE beyond FAIR"
Under Open Access
The Register MS, on Verge of Collapse, Keeps Promoting a Ponzi Scheme for China
Publishers that participate in this simply don't care about their readers
Overview of False Narratives and Lies Used to Lower Salaries at the European Patent Office (EPO), Abandoning Patent Quality and the EPC
Many of the latter slides are the same as Munich's
Links 12/03/2026: Atlassian Layoffs, GAFAN Covering up Slop-Induced Outages, "Age-verification in Operating Systems and the Internet"
Links for the day
The EPO's President, Who Covers Up Cocaine Use, is Trying to Suppress Communication Between EPO Staff Under the Guise of 'Privacy' (and in Defiance of a Court Ruling)
Why does Europe's second-largest institution: 1) curtail communication among staff (including union) and 2) go out of its way to avoid obeying a court order from ILOAT in Geneva?
Exactly One Week Before Next EPO Strike, Media Intentionally Not Mentioning EPO Strikes
One form of propaganda technique/s involves the systematic suppression of certain topics, or of particular "narratives"
Microsofters' SLAPP Censorship - Part 10 Out of 200: Showing Public Tweets is Not a Privacy Violation, But This Isn't About Justice, It's About Censorship
It's time to put a stop to this abuse of process (which is what the Judge deemed it to be last year)
Suicide of disgruntled employee? Bus fire at Kerzers / Chiètres, Switzerland, at least six dead
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 11, 2026
IRC logs for Wednesday, March 11, 2026
Gemini Links 12/03/2026: "on Urbit" and the True Cost (or Criticism) of "Social Control Media"
Links for the day
Slop About "linux" in Google News
Once people recognise that those sites are fake it's hard to 'unsee' what they are
An American War on GNU/Linux, Software Freedom, and British Investigative, Science-Based Reporting - Part V - Attempts to Take Down and Suppress Criticism of Back Doors Controlled by Microsoft and the American Government
The cost of maintaining illusions
IBM's Payroll: Cannot Even Pay the People What They're Legally Entitled to
How financially-stressed is IBM at this point?
Slides From the European Patent Office (EPO) Explain Why They're Striking, How They're Striking, and What Comes Next
A week from now the strike will go ahead
GAFAM Datacentres Are Facilities of War, So Risk of Downtime by Missiles or State-Sponsored Cracking Has Vastly Increased
How safe is your business in "clown computing" or DCs marked as some "legitimate targets" at wartime?
Companies That Take Away Blood and Sweat From the Community to Sell a Ponzi Scheme to Everybody
We need Free software that is run by communities
1,234 People Gather Online to Plan Next EPO Strikes and Other Industrial Actions
yesterday an online gathering orchestrated the next moves by EPO staff
Links 11/03/2026: Fake Videos Swarm YouTube, "Ukraine Can Now Manufacture ‘China-Free’ Drones"
Links for the day
Gemini Links 11/03/2026: Lagrange for iOS and Android and "Turning a Folder of Git Repos Into Project Launcher"
Links for the day
Kafkaesque: Unlawful Activities in the UK to Cover Up Unlawful Activities in the United States of America
Why is bribery and even extortion seen is OK? Because rich people do those things?
Former IBM Executive, Ron Hovsepian, Doomed S.u.S.E. (SUSE)
SUSE is like a child nobody wants to raise
Quiet Layoffs or Silent Layoffs Alleged at Microsoft
Will some investigative journalists do their job now and ask Microsoft tough questions?
After a Long Lull LinuxTeck (linuxteck.com) Came Back Only as a Slopfarm
Unlike Linuxiac, LinuxTeck wasn't very active in recent years
Links 11/03/2026: EPO and USPTO Software Patents Thrown Out Again, Copyright Concerns Over Slop (Plagiarism Using Buzzwords)
Links for the day
Microsofters' SLAPP Censorship - Part 9 Out of 200: 5RB Barrister Does Not Even Know the Name of His Own Client (That He Was Paid Well Over $200,000 to 'Speak' or 'Cover' for)
If you assault women in the United States, there's a barrister available for you in the UK
IBM's Fedora is Now Led by GAFAM Slop
The official word of Fedora is partly slop
IBM 'Dinobabies' Speak Out
"They want newbies out of school at a much cheaper rate"
Links 11/03/2026: "Drill, Baby, Drill" and Social Control Media Recognised as Threat to Democracy
Links for the day
5 Years Since Freenode Conflict
IRC isn't going away
A Week Ahead of Next EPO Strike the Staff Representatives Show the Administrative Council That the Office Lost the Best Staff, It's No Longer Attractive
the message circulated regarding the open letter to the Administrative Council
Jeff Bezos as an Individual Said to Have Enough Capital to Buy IBM
Assuming a market capitalisation of 234.70 billion
Starting Soon: Another New Series About Richard Stallman
There are some inside stories we can tell
Gemini Links 11/03/2026: School, Code Slop, and "Fancy Weapons"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 10, 2026
IRC logs for Tuesday, March 10, 2026