Bonum Certa Men Certa

“Blockchain” Hype and “FinTech”-Like Buzzwords Usher in Software Patents Everywhere, Even Where Such Patents Are Obviously Bunk

"On a computer" patents (lacking physical, concrete components and usually lacking novelty)

Singapore marina



Summary: Not only the U.S. Patent and Trademark Office (USPTO) embraces the "blockchain" hype; business methods and algorithms are being granted patent 'protection' (exclusivity) which would likely be disputed by the courts (if that ever reaches the courts)

THE EPO grants software patents even though it's not supposed to. So does the USPTO in spite of 35 U.S.C. ۤ 101/Alice. Patent Trial and Appeal Board (PTAB) inter partes reviews (IPRs) would certainly invalidate these with the Federal Circuit affirming these decisions.



"All of these patents are bogus, bunk software patents"We've already expressed many criticisms of the Intellectual Property Office of Singapore (IPOS), where patent maximalists and even software patents are being tolerated. The same goes for SIPO in China, but not quite the JPO and KIPO in Japan and South Korea, respectively.

Singapore is basically racing to the bottom with software patents, as confirmed only hours ago ("How Singapore Is Fast-Tracking FinTech Patent Applications"). A FinTech patent is just a software patent with a buzzword, yet apparently IPOS is happy to glorify such patents:

The box-office smash hit, "Crazy Rich Asians", is on everyone’s lips (and social media feeds) nowadays. The Singapore-set Hollywood movie, featuring an all-Asian cast, comically peers into the lives of the one-percenters strutting their stuff in famously up-market Singapore. Love it or hate it, the movie nails one thing for sure: Singapore is a playground for the financially savvy; a haven for financial technology (commonly known as “FinTech”).

In this spirit, the Intellectual Property Office of Singapore (“IPOS”) has launched a fast-track patent scheme determined to accelerate innovation for finance sector inventions. This one-year scheme, dubbed the FinTech Fast Track (“FTFT”) initiative, began in April and will end on 26 April 2019. Essentially, FTFT provides for expedited prosecution of FinTech patent applications – a much welcomed initiative for the sector.

[...]

As for the general question, a 2013 Working Paper by the Grantham Research Institute on Climate Change and the Environment found that while participation was low, the priority given did speed processes up. As such, the initiative did succeed in accelerating development of clean technologies during the first years after the publication of the patents. As for Singapore, this blogger spoke with several FinTech patent examiners, who noted that to prevent abuse, priority for genuine Fintech patents is protected by trained examiners, who detect patent applications unrelated to FinTech but that are (mis)applied for under FTFT.


There's no good reason to do this. The same goes for many other digital advancements in the area of finance, including Bitcoin and blockchains. Any "blockchain" patent is just another software patent, yet we keep seeing reports about such patents being pursued and sometimes awarded. Days ago we saw "Hedera Hashgraph, A Blockchain Distributed Ledger Tech Rival, Wants Patent Law Protection" and "Blockchain Market Continues to Grow as Record Number of Patents Were Filed in 2017" (we covered the subject before).

All of these patents are bogus, bunk software patents. They're a waste of time and paper. NBC Right Now is responsible for the latter article which says this:

According to a research report published by Global Market Insights, the blockchain market size is expected to surpass USD 16 Billion by 2024. The blockchain technology builds a secure record of transactions between two parties, eliminating the need for a third-party intermediary. The technology was first applied in cryptocurrency and now, it is widely used in various industry. The market is expected to witness rapid growth as the technology can significantly reduce the cost of operation and enhance efficiency for businesses. As a result, the financial sector is expected to benefit the most from the development of the technology. Victory Square Technologies Inc. (OTC: VSQTF), Pareteum Corporation (NYSE: TEUM), Seven Stars Cloud Group, Inc. (NASDAQ: SSC), Appian Corporation (NASDAQ: APPN), Banco Bilbao Vizcaya Argentaria, S.A. (NYSE: BBVA).


Well, measuring adoption of something in terms of patent applications is lying. It's hype.

Separately, an article was published to say that "China Accelerates Blockchain Patent Activity" -- merely a reminder that China is the only large economy in the world which officially permits -- at its own peril -- patents on software. To quote the nonsensical sentences which precede it all:

In tech, innovation is everything. In innovation, intellectual property is, well, almost everything — it can be the hardware, the software, the processes that comes from the creative endeavor. You might consider patents a form of competitive advantage.

News came last week that, when it comes to patents tied to the blockchain landscape, Thomson Reuters has found that China, and Alibaba, have had an outsized showing, and seem to be accelerating their patent filing activity.


The said Reuters article was covered here last weekend. What it arguably shows is a bunch of large firms -- including banks -- looking to guard themselves from competition and therefore creating a patent thicket. How does this contribute to innovation? Moreover, how are such patents not abstract? Many of these firms just stockpile lots of these patents, knowing that if leveraged inside or outside the court 'in bulk' they would be hard (and expensive) to invalidate/disprove exhaustively. It's troubling to see patent offices playing along. We've been talking about this for a very long time.

Recent Techrights' Posts

Techrights' Statement on Code of Censorship (CoC) and Kent Overstreet: This Was the Real Purpose of Censorship Agreements All Along
Bombing people is OK (if you sponsor the key organisations), opposing bombings is not (a CoC in a nutshell)
[Meme] The Most Liberal Company
"Insurrection? What insurrection?"
apple.com Traffic Down Over 7%, Says One Spyware Firm; Apple's Liabilities Increased Over 6% to $308,030,000,000
Apple is also about 120 billion dollars in debt
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 23, 2024
IRC logs for Saturday, November 23, 2024
[Meme] GAFAMfox
Mozilla Firefox in a state of extreme distress
Google Can Kill Mozilla Any Time It Wants
That gives Google far too much power over its rival... There are already many sites that refuse to work with Firefox or explicitly say Firefox isn't supported
Free (as in Freedom) Software Helps Tackle the Software Liability Issue, It Lets Users Exercise Greater Control Over Programs
Microsofters have been trying to ban or exclude Free software
In the US, Patent Laws Are Up for Sale
This problem is a lot bigger than just patents
ESET Finds Rootkits, Does Not Explain How They Get Installed, Media Says It Means "Previously Unknown Linux Backdoors" (Useful Distraction From CALEA and CALEA2)
FUD watch
Techdirt Loses Its Objectivity in Pursuit of Money
The more concerning aspects are coverage of GAFAM and Microsoft in particular
Links 23/11/2024: Press Sold to Vultures, New LLM Blunders
Links for the day
Links 23/11/2024: "Relationship with Oneself" and Yretek.com is Back
Links for the day
Links 23/11/2024: "Real World" Cracked and UK Online Safety Act is Law
Links for the day
Links 23/11/2024: Celebrating Proprietary Bluesky (False Choice, Same Issues) and Software Patents Squashed
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, November 22, 2024
IRC logs for Friday, November 22, 2024
Gemini Links 23/11/2024: 150 Day Streak in Duolingo and ICBMs
Links for the day
Links 22/11/2024: Dynamic Pricing Practice and Monopoly Abuses
Links for the day
Topics We Lacked Time to Cover
Due to a Microsoft event (an annual malware fest for lobbying and marketing purposes) there was also a lot of Microsoft propaganda
Microsofters Try to Defund the Free Software Foundation (by Attacking Its Founder This Week) and They Tell People to Instead Give Money to Microsoft Front Groups
Microsoft people try to outspend their critics and harass them
[Meme] EPO for the Kids' Future (or Lack of It)
Patents can last two decades and grow with (or catch up with) the kids
EPO Education: Workers Resort to Legal Actions (Many Cases) Against the Administration
At the moment the casualties of EPO corruption include the EPO's own staff
Gemini Links 22/11/2024: ChromeOS, Search Engines, Regular Expressions
Links for the day
This Month is the 11th Month of This Year With Mass Layoffs at Microsoft (So Far It's Happening Every Month This Year, More Announced Hours Ago)
Now they even admit it
Links 22/11/2024: Software Patents Squashed, Russia Starts Using ICBMs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, November 21, 2024
IRC logs for Thursday, November 21, 2024