Bonum Certa Men Certa

Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

Trump and Iancu



Summary: The 35 U.S.C. €§ 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him

THE current state of 35 U.S.C. €§ 101 is encouraging and as we noted a couple of hours ago, 35 U.S.C. €§ 101 isn't going to be revisited by SCOTUS.



On Sunday we wrote about the European Patent Office's obsession with "AI". We have since then seen similar examples about patents from the U.S. Patent and Trademark Office, e.g. "AI-driven" here and "AI-driven network security" here ("BluVector Awarded Additional Patent for Machine Learning in Cybersecurity"). Those tricks are fast becoming rather common, even worryingly so. Those are very obviously bunk, bogus, fake, abstract software patents. Why is the Office still granting these, knowing courts would trash them? Here's an example of a new patent on video processing and another of an Irish firm that went to the US to patent software on a very trivial 'idea' [1, 2]. Based on all these press releases and articles, quality control is lacking. Everything there sounds like bogus software patents that are going to be invalidated based on 35 U.S.C. €§ 101 in any court (if they reach that far) and should never have been granted in the first place. Here's an example from exactly one week ago. "The virtual reel of modern machines goes back to a 1984 patent obtained by Norwegian mathematician Inge Telnaes, which brought the industry into the modern age and helped turn it into a “gold mine,” CDC says.

"Based on all these press releases and articles, quality control is lacking."One thing we alluded to a few hours ago, albeit we prefer not to dwell on it, is the fact that Watchtroll himself (Quinn) is stepping down/out as chief editor at the end of this month (2 decades of patent maximalism must have led to frustration, seeing how things are going). His latest article it titled "Why do you want a Patent?" but it might as well say "Why do you STILL want a Patent?"

Looking at other sites of patent maximalists, they're doing new ads for the Intellectual Property Owners Association (IPO), a fairly radical organisation that lobbies aggressively for software patents. This same site also advertises USPTO events (example from yesterday) like this "USPTO Patent Quality Chat Webinar Series" (another example from yesterday). The Office does not understand quality, however, it just strives for revenue. To be fair, the EPO under António Campinos also abandoned quality; it's granting software patents in Europe even if/when courts reject these. They just use or misuse buzzwords.

"Fintech is one of those fast-paced industries," says this new article. "Currently, there are over 1200 FinTech businesses in Singapore, according to IPOS."

"What will happen to the Office under Iancu if so many US patents continue to be rejected by courts? People will lose confidence in US patents, the presumption of validity will be lost."And this is how they justify "IPOS grant[ing] first ever accelerated financial technology patent" (this is the headline); it's about using the "Fintech" buzzword to get software patents in Singapore. "The Intellectual Property Office of Singapore (IPOS) has granted the first accelerated patent under its financial technology fast-track initiative," it says. They not only grant abstract patents; they even fast-track these.

We have meanwhile noticed Kate Gaudry and Samuel Hayim writing about 35 U.S.C. €§ 101/Alice rejections at the USPTO. "A concise set of statutes dictate the characteristics that a patent application must have to be allowed to grant as a patent," they argue. But a grant is not enough; what would actual courts say? We worry that the arrival of Iancu signaled to many examiners that it's OK to wave away 35 U.S.C. €§ 101 and pretty much ignore Alice. Just watch these latest roundups of newly-granted patents in the press [1, 2, 3]. I've looked through these very quickly and some of these new patents are absolutely absurd. Some are obviously bogus (legally speaking. e.g. Section 101 would bin them). What will happen to the Office under Iancu if so many US patents continue to be rejected by courts? People will lose confidence in US patents, the presumption of validity will be lost.

"A CEO of a company left after they had sued a rival using software patents."We couldn't help but notice this report from exactly one week ago. A CEO of a company left after they had sued a rival using software patents. To quote: "The announcement of Pittman as the company’s new CEO comes less than two months after Matterport confirmed to Inman it’s suing GeoCV, a rival 3D tour company, for patent infringement."

This is neat software, no doubt, but all the patents on it should be voided as they're bogus software patents on computer vision and visualisation (algorithms/maths). Suing with such patents in 2018 would almost assure loss of the patents, assuming the accused can afford the court battle. What misguided or dishonest law firm prodded for this?

Recent Techrights' Posts

Gemini Links 09/08/2026: Meatballs (1979), Gopher, RSS Experiment
Links for the day
IBM's "Next Step" Program
Apparently close to 1,000 people being laid off by IBM wasn't worth reporting
If GNU/Linux Rising is Just "Bots" (It's Not, Many Surveys Show the Same), Why Does Microsoft Rush to Lie About System Requirements of Vista 11?
The real reason is, GNU/Linux is rising
 
Links 09/08/2026: US Blackouts (Energy Wasted), Slop to Evade Accountability, and Software Patents Framed as "Hey Hi"
Links for the day
Gemini Links 09/08/2026: Parakeets in Britain and Rant About 'Modern' Washing Machines
Links for the day
Links 09/08/2026: Social Control Media Weaponises Immigration, Europe Suffers Severe Drought, and "Internet of Stuff" Explained
Links for the day
SLAPP Censorship - Part 144 Out of 200: The "Hired Guns" ("Media" at BW) Shrank Almost Three-Fold Since They Sued Us in 2024
No wonder they're so visibly outnumbered
10 Days Ago Red Hat Formally Terminated Employment of About 500 Technical Workers (the Media Didn't Mention This)
IBM has nothing left to do except fire people (in secret) whilst attacking sites that give these people a voice
Freenode Continues to Shed Off Servers and Users, Good Thing We Abandoned It
you cannot sell communities. It leads to chaos
Daniel Pocock in the Sunday Times (Today)
Expect the attacks (from Pocock's haters, motivated by envy) to intensify
Controlling One's Platform
We need to strive for or actively pursue a Web where everyone has their own platform/s and where censors ("moderators") have no direct control over these platforms
Improving the Static Site Generator (SSG), Fixing Bugs
Next month the site's SSG turns 3
2026: The Year Richard Stallman Came Back to American Campuses
There's more on the way
XBox is Rotting Away, Technical Issues for Second Time in Two Weeks
XBox is dying
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 08, 2026
IRC logs for Saturday, August 08, 2026
Red Hat is in Need of a 'Jolla', as an IBM-Controlled Red Hat is Becoming Like the Microsoft-Infiltrated Nokia
Dying fast, partly by design
Gemini Links 08/08/2026: Gigs, Poems, SREs, and Shared Passion
Links for the day
Kompromat Tactics in GNU and Linux
Kompromat as a concept was covered here in the past in relation to Microsoft
SLAPP Censorship - Part 143 Out of 200: After Nearly 10 Attempts to Settle With Us and Over a Million Pounds Spent on Lawyers and Barristers
We are in no particular hurry
20 Years and 43 Years
GNU/Linux is not just code, it's a philosophy, licence (copyleft), and community
GNU/Linux Turns 43 Next Month, Many Distros Actively Maintained
A lot of Debian-based distros are still actively maintained (we talk about this in IRC this evening), so the stability of the Debian Project is important
Links 08/08/2026: GAFAM Colonialism "Paved Over Protected Wetlands", Slop Companies Hoard Software Patents as Debt Soars to Trillions
Links for the day
Links 08/08/2026: "Palantir Paid No Federal Income Tax" and "Who's Responsible for This Mess?"
Links for the day
Retained: The Time IBM's Red Hat Tried to Hijack or Take Offline Site of Critics, Failed on All Grounds (Meritless Action Intended to Harass Critics)
Replicated from adrforum.com
IBM's 'Final Solution': Censor Sites Not Controlled by IBM, Sites Where Dissent is Expressed
IBM has no culture of free speech
More Mass Layoffs Coming IBM's Way (Ones IBM Cannot Hide, Cannot Convince Enough People to Leave or Unjustifiably PIP Them When They Say No)
The company that was like a "father of modern computing" is now stingy when it comes to travel. Not a good sign.
What Will it Take for Mainstream Media to Report Silent or Secret Layoffs at IBM?
"Silent" or "secret" sometimes because the media won't cover them
Is the Future of IBM Red Hat Temporary Staff, Contractors?
They want cheap, obedient lemmings
Gemini Links 08/08/2026: Tribute to Lloyd Center, Radio Amateurism, Homeworlds
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 07, 2026
IRC logs for Friday, August 07, 2026
Microsoft Uses Slop to Find Defects and Then Uses Slop to Replace Code, What Could Go Wrong?
Botspam is the problem, it's not a constructive approach in any shape or form
analytics.usa.gov: GNU/Linux Up Some More This Week
Days ago it said 6.4%, now it's up to 6.8%
RA-pocalypse: IBM Tells Workers "Taking a Hike" is Their "Next Step" ('Voluntary' Layoffs), Now It Prepares to Sack Lots of Contractors
There definitely is something going on
Legal Attacks on Techrights Have Made Techrights More Popular and More Widely Read
The misogynists will have plenty of work to do this summer
Kai Stephens (Barkley Walsh) & British Democrats in Clacton by-election hustings
Reprinted with permission from Daniel Pocock
Daniel Pocock 'Punching' Nazis in the UK
The so-called "cult" of so-called "Debianism" was left with nothing but massive legal bills
SLAPP Censorship - Part 142 Out of 200: GemText is Not a Webpage, Gemini Protocol is Not the Web, and Capsules Are Not Websites
our intention to appeal (escalate to the Court of Appeal)
Microsoft: Our August 2026 Layoffs Are Not Layoffs Because... Reasons
That's like IBM making "spin-offs", then pretending that no layoffs are happening
Links 07/08/2026: UMG and Anthropic in Trouble Over Copyright Infringements Sold as "Training" (Slop)
Links for the day
Links 07/08/2026: "BMW Is Showing Commercials On Their Car's Dash Screens And They Want You To Think It's A Treat", Software Patents on Drones
Links for the day
What We Said About Red Hat's Fate Under IBM Turned Out to be Right on the Money (That IBM Lacks)
There are no layoffs at IBM
IRC Networks Show No Signs of Going Away, IRC Enters Its 39th Year
That IRC daemons are still actively developed and patched in summer of 2026 (over 38 years after IRC was born) says a lot about IRC's importance
Social [Control] Media Needs to Die
I am a bit shocked to recall that I wasted a lot of time on it
Some Malware is Legal Because It's Made and Distributed by Politically-Connected GAFAM
In reality, the security non-experts 'championed' (and salaried) by GAFAM are anti-security people who advocate back doors
The GNU/Linux Anniversary is Next Month, Not This Month
It'll turn 43
At Clacton by-election Hustings Event Daniel Pocock Says "Social [Control] Media Has Contributed to Some of the Anti Social Behaviour."
No doubt many problems in society are caused or at least amplified/accentuated by this horrible phenomenon
IBM Insiders Explain Why IBM is in Very Serious Trouble
Will IBM last long enough for any "quantum" deliverables to become a reality?
The Register MS Took Money From Broadcom to Publish Fake 'News' With "AI" Mentioned 35 Times
not legitimate or authentic journalism.
GNU/Linux Approaching 20% in Georgia (the Country)
Usage of GNU/Linux was near 0%, as measured by statCounter, several years ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 06, 2026
IRC logs for Thursday, August 06, 2026
Gemini Links 07/08/2026: Radio Amateurism, Summer Updates, and Programming "Taste"
Links for the day