Bonum Certa Men Certa

Illegal Software Patents and Patent Trolls Well Served by European and American Patent Offices But Not Courts

“As for a future life, every man must judge for himself between conflicting vague probabilities.”

--Charles Darwin



Summary: Patent offices are departing from the rule of law; first it was the EPO and now it's the USPTO under Donald Trump's appointees, chosen based on nepotism

THE previous post alluded to EPO President António Campinos and his promotion of software patents in Europe (the European Inventor Award 2019 made such patents a contender for an award). But the EPO never speaks of or uses the term "software patents"; even "CII" is gradually being deprecated in favour of buzzwords like "4IR" and "AI".

Yesterday the EPO wrote: "Day one was rounded off by #SearchMatters first panel discussion. A lively expert debate and really interesting questions from the audience tackled the issue of AI future developments in the context of #patent searches"

When the EPO says "AI" (as in this case) it means illegal software patents -- so in essence it leverages buzzwords to break the law, or to violate the EPC.

Here's another EPO tweet from yesterday: "The next opportunity to visit the EPO will be in Munich. If you want to know more about the EPO's approach to #artificialintelligence"

Two things to point out here: 1) "AI" does not make software patents acceptable. They break/violate the law, EPC and beyond (caselaw included). 2) Guests at the EPO are subjected to illegal surveillance, so why visit? The EPO's violations of domestic and international laws have always gone unpunished.

Meanwhile, a vocal patent attorney (Kalis) says that the Patent Trial and Appeal Board (PTAB) "Affirmed Several AI Learning Patent Applications..."

He means software patents (which 35 U.S.C. €§ 101 trashes) disguised using buzzwords like "AI" for a fake sense of 'novelty'. "Over the Past 24 Hours," he adds, "the PTAB Posted a Lot of New Decisions. They Have Reversed a Lot of Examiners' 101 Rejections and Affirmed Several AI Learning Patent Applications. Scroll down for the decisions. They are Posted in Several Groups."

Among the examples: "The PTAB Affirmed a 101 Rejection of Machine Learning Claims in an AI Patent Application: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2018005866-04-03-2019-1 …"

"AI" nonsense again. Even at PTAB...

"Patent Trolls want to destroy PTAB & 101 so they can issue all the Software Patents they like," a critic of software patents wrote this week.

This is part of the trend, where PTAB is the equivalent of the EPO's Boards coming under attack. This attack has been 'harmonised' along both sides of the Atlantic. The Director of the U.S. Patent and Trademark Office (USPTO) also participates in this attack. Yesterday Watchtroll published under the headline "Iancu: USPTO Guidance Gets 101 [35 U.S.C. €§ 101] Right; Time for Courts to Follow Suit..." (American Battistellism)

Actually, the vast majority of public comments (submitted to the USPTO) said it was wrong. The USPTO nowadays has its own Ajit Pai, however, so he is lying about public input. Almost all the comments received by the USPTO disagree with him, but here he is trying to tell courts what to do.

In addition, Watchtroll (which he's close to) still issues personal attacks on PTAB judges all the time. That's because trolls dislike justice (it stands in the way of their extortion). Benjamin Henrion quoted Iancu from the above (which we prefer not to link to directly): "In the end, all three branches need to be rowing in the same direction on something like 101" (which translates [to]: "we need a law to make software patents great again," as Henrion put it).

Also published on Wednesday by the EFF's Alex Moss was this update about patent troll Uniloc:

Patent owners shouldn’t be allowed to keep basic facts about their patents secret—especially when they initiate litigation in courts, which are presumptively open to the public. Uniloc is one of the worst examples of such a company: it doesn’t make any products, but sues lots of others that do. Then, it hides its licensing agreements while demanding fees from hundreds of other companies that make products supposedly covered by the patents in their vast portfolio. But those secretive tactics may finally be coming to an end: a federal judge has ruled, for the second time, that Uniloc must unseal documents about how it licenses its patents.

In 2018 alone, Uniloc filed more than 170 patent infringement lawsuits against a wide array of technology companies that make products we all use. EFF has fought repeatedly for the public’s right to access court documents in patent cases, and we moved to intervene in Uniloc v. Apple—where Apple is arguing that Uniloc doesn't have the right to sue—because the basic facts of patent ownership should not be shrouded in secrecy.

At an earlier hearing on Apple’s motion to dismiss Uniloc’s whole case, Judge Alsup called out Uniloc’s wildly improper sealing requests, saying, “There is no way this deserves to be under seal." He then denied all of the sealing requests, and gave Uniloc a short time to appeal before making the documents public. We hoped that would change Uniloc’s approach to sealing, and afterwards, the company did file public versions of some of the sealed documents. But it still sought to hide information that there was no basis to seal, like the names of companies they had licensed. So EFF renewed its motion to intervene and opposed Uniloc’s motion for reconsideration.


An author from a patent maximalists' publication said (quoting the above judge): "Judge Alsup unloads: "Patent holders tend to demand in litigation a vastly bloated figure in 'reasonably royalties' compared to what they have earned in actual licenses. ... There is a public need to police this litigation gimmick via more public access." https://www.almcms.com/contrib/content/uploads/documents/403/16984/Uniloc-v.-Apple.Alsup-motion-on-reconsideration1.pdf …"

Uncensored Alsup: patent holders are charlatans and frauds. Who other than Iancu defends the trolls? The other Trump appointee, Makan Delrahim. Appointed by the same con man who appointed Iancu (from the firm that used to serve his business). What a "swamp". As Josh from CCIA put it yesterday: "Delrahim again on his “exercising your patent rights should never be an antitrust violation” while completely ignoring the context—when you’ve made commitments as part of an industry-wide coordinating agreement, it can be an antitrust violation to fail to uphold them."

There's a toxic state of affairs when the officials in charge are in the pockets of patent trolls and law firms rather than science and technology. This is the case both in Europe and in the United States (under Trump).

Recent Techrights' Posts

Datamation, Where I Used to Publish Articles, Appears to Have Been Sold to TechnologyAdvice Only to Become a Slopfarm
I'd prefer to not associate with that site anymore
 
How Software Patents Were Viewed or Their General Status Changed Over Time
A rough summary
We Are Turning 19 in One Month, FSF Turns 40 in 3 Hours (CET)
For our anniversary next month we still have no concrete plans
Patent Docs (or PatentDocs) Learned the Wrong Lessons From the Death of TypePad
Had they gone ahead with an SSG, they'd become a lot more future-proof
USPTO Patent Bubble Already Imploding, After Decades of Artificial Inflation, Entire Offices Close for Good
we can deduce that financial pressures (lack of "demand" for monopolies) play a role
TikTok is Not Harmless (Being CheeTok in the US Will Advance Orange Agenda)
Social control media isn't "fun and games"; it's a digital weapon that lets hostile groups or nations infiltrate others, then turn them against themselves
Andy Farnell and Helen Plews Explain What "Modern" Tech Does to Old People
Imposing terrible tech "religion" on people is not helping them
Tomorrow the Free Software Foundation (FSF) Turns 40 and Its Web Site is Still Slow Due to DDoS by LLM Slop Bots
For an advocacy group, uptime is important (for its message to remain accessible)
Slopwatch: Google News as a Firehose of LLM Slop About "Linux"
Google News is really bad
Links 03/10/2025: "NPR’s Economics Lessons Come With Neoliberal Spin" and Canada Post at Risk
Links for the day
Gemini Links 03/10/2025: Panic Attacks and Food Adulteration
Links for the day
Links 03/10/2025: Lawyers Caught Using LLM Slop Explain Why They Did It, LibreSSL 4.1.1 and 4.0.1 Released
Links for the day
FSF Board Grew 50% Since Last Year, Has New President, Turns 40 in Two Days
It's a good move for the FSF and - by extension - for software freedom
Links 03/10/2025: Conflicts, Death of TypePad, and TikTok/CheeTok Gives a Boost to Far Right Groups in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 02, 2025
IRC logs for Thursday, October 02, 2025
Slopwatch: Linux Journal, Google News, and LinuxSecurity
They carry on polluting the Web with fake articles
Gemini Links 02/10/2025: Kubernetes With FreeBSD and robots.txt
Links for the day
Links 02/10/2025: 'Open' 'AI' Resorting to Gimmicks and Fake Funding, Europe’s ‘Drone Wall’ Discussed
Links for the day
Links 02/10/2025: Brave Passes 100M Users Milestone, Kodak Selling Its Own Film Again
Links for the day
Michael “Monty” Widenius: It Started in 1983 With Richard Stallman (RMS)
The other co-founder of MySQL is a bit notorious for confronting RMS rather viciously
For the Second Time in a Few Weeks Microsoft Lunduke Makes False Accusations Against Senior Red Hat Staff to Incite a Despicable 'Troll Army'
Nothing that Microsoft Lunduke claims of says can be trusted
su lisa && rm -rf /home/ibm/power
Novell was ruined by another person from IBM, Ronald Hovsepian
A Record Demand at Microsoft: Demand to Cancel
What we're witnessing is a very ungraceful destruction of XBox
Microsoft is Losing Europe
Hence all the "support" and "discount" offers that are limited to Europe
The Free Software Foundation Starts Fund-raising for 40th Anniversary
New pop-up 2-3 days ahead of the 40th anniversary event
Systemd Breaks Networking in Debian and Microsoft Staff Rushes to Make Face-Saving Excuses in LWN
Microsoft's bluca is already there in the comments, his Microsoft money pays for LWN to let him leave comments early
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 01, 2025
IRC logs for Wednesday, October 01, 2025
What the End of XBox Will Look Like: a Fiery Crash
XBox is the next Skype. It won't last much longer. Expect many more layoffs.
Richard Stallman is Going to Finland to Give a Talk Next Thursday
A day later he speaks in Sweden
Gemini Links 02/10/2025: SMTP Pipelining and End of ROOPHLOCH 2025
Links for the day
Slopwatch: Plagiarism, Fake Articles, and FUD About Linux
not a day goes by without Google News feeding FUD from slopfarms
Gemini Links 01/10/2025: Chat Control and End of Life
Links for the day
Links 01/10/2025: Long Covid Risk Reiterated, "Bitcoin Queen" Caught
Links for the day
Links 01/10/2025: EA $55 Billion Deal is Debt and Slop "Raises Vishing Risks"
Links for the day
Bluewashing at Red Hat Means Redundancies
The man who sold Red Hat to IBM meanwhile became a Microsoft Mono booster
After Killing OpenSource.com, IBM ('Red Hat') and OSI Told Us OpenSource.net Would Replace It (But That Didn't Happen)
Now it's time to move on, perhaps tarnishing the "Open Source" label some more (for whatever sponsor wants this)
Linux is Not a Community Project, It's a Wall Street Product
The core goal should be freedom
Bad Actors Abusing the Free Software Community, Vandalising It Using Rogue Politics and Old Tactics
Oil giants have long attempted to do this; now, the digital equivalent of Big Oil does this in technology
Social Control Media Isn't the Future, The Federation or Fediverse Isn't Growing, People's Accounts Vanish for Good
users' accounts will get deleted, not just become inactive
IBM is Failing, This Helps Show Wall Street is Entirely Detached From Actual Commercial Performance
IBM is unable to grow, it's just constantly shrinking
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 30, 2025
IRC logs for Tuesday, September 30, 2025
Clerical Aspects of Publishing and Development
In Free software, the management aspects are considerably reduced
Slopwatch: Fake Articles and Google News Promoting "Linux" Spam or Bot-Generated Fear, Uncertainty, Doubt (FUD)
These slopfarms help misplace blame
Third Wave of Microsoft Layoffs in September, This Time Many in Liverpool Affected
Be ready for more waves of layoffs ahead of the so-called "results" in late October