Bonum Certa Men Certa

Granting More Fundamentally Wrong Patents Will Mean Reduced Certainty, Not Increased Certainty

The rush to promote software patents completely overlooks the fact that courts keep rejecting them

Coons bribed



Summary: Law firms that are accustomed to making money from low-quality and abstract patents try to overcome barriers by bribing politicians; this will backfire because they show sheer disregard for the patent system's integrity and merely lower the legal certainty associated with granted (by greedy offices) patents

Funded by patent litigation firms, the glorified bill which patent maximalists promoted last week is already a thing of the past. Just like last year and the year prior to that. It's like an annual ritual and this time it's marketed as "bipartisan" because there are two (a couple) politicians from 'opposing' corporate parties behind it; they're not from oppositing sectors/interests, just a different letter on their lapel (the D/R duopoly). They're buying laws (but will fail, yet again, as before) by stacking panels and putting together a show.



"They're buying laws (but will fail, yet again, as before) by stacking panels and putting together a show."Judging by reactions in patent maximalists' blogs, we can more or less tell that expectations are low. They give it a shot, but even they realise that those Senate hearings were stacked. In "Two Observations on Last Week’s Senate Hearings on Patent Eligibility Reform" Gene Quinn (Watchtroll) has just said that the status quo is a "disaster". He's right. A disaster to patent trolls and parasitic law firms like his...

What they cannot deny, however, is that firms that actually produce things like the status quo a lot better and fully support AIA.

Senate members (other than Coons and his sidekick) can just look who's promoting the Coons coup (bill): literally the lobby groups of patent trolls and the politicians funded by their law firms. It's a form of corruption or bribery, but they prefer calling that "campaign contributions". Of course Michael Rosen of the American Enterprise Institute (a front group for extremists like Trump and platform for patent trolls) has just backed this Coons coup -- a coup against the Patent Trial and Appeal Board (PTAB) and 35 U.S.C. ۤ 101. Seeing that inter partes reviews (IPRs) invalidate a lot of software parents, they just had to say something. Rosen had done this for years, typically citing the Koch 'scholars'. Bought, paid-for bills won't go very far. Who took the bill (invoice)? Follow the money of Coons. He has just hit the lobbyists' media and tweets that cite Coons are patent maximalists'. He's also boosted and amplified by patent trolls' front groups such as IAM (e.g. here and here). Not a single productive company is supporting this. As the CCIA put it in a tweet a few days ago: "The guy *whose patents were invalidated in Alice* thinks this is a bad, overbroad bill."

"...European Patents have got one heck of a crisis; the courts keep rejecting them again and again."The U.S. Patent and Trademark Office (USPTO) is already attempting to water down or ignore 35 U.S.C. ۤ 101; that would have no impact on courts however. There are a couple new cases (in our daily links) wherein Federal Circuit judges throw out software patents. Nothing has changed!

Over here in Europe nothing is changing either, not at the courts anyway. Sure, there are software patents in Europe (wrongly granted by the EPO), but they won't withstand judges' scrutiny. Yesterday the EPO wrote:

Nearly 18 000 patent applications relating to self-driving vehicle technologies have been filed with the EPO in the last decade, almost 4 000 of them in 2017 alone. More interesting findings on #patents and self-driving vehicles here: http://bit.ly/SDVstudy #SelfDriving


"Many of these (not all) are fake patents and bogus patent applications that should be rejected as software patents," I responded, "but EPO will grant them anyway..."

As we shall show in our next post, European Patents have got one heck of a crisis; the courts keep rejecting them again and again. This mirrors much of what we see in the US (more so over the past few years).

On the subject of self-driving vehicles, mind this new article that says:

The need to promote innovation through open source software (OSS) and a desire to protect patent rights may be contradictory interests for businesses investing in artificial intelligence (AI) and autonomous driving


They interject the "AI" nonsense into it; those are software patents. Earlier this week an Israeli law firm and some other law firm showed that Israel (IPLO) may be trying to allow software patents under the guise of "HEY HI!" (AI) -- the same kind of patents that the EPO elevated to Inventor Award "finalist" (an Israeli company which uses the term "AI", as per the EPO). From the article: "It seems clear that, at this point, AI implemented inventions will be reviewed by the IPLO under the same rubric as software or computer-implemented inventions.."

Notice the use of the term "computer-implemented inventions" (CII) and "AI". The EPO helped popularise these lies. Some of these recent patents are on fictional/theoretical things. They're designed mostly for hype and marketing -- the idea that these cars are "safe" because of some patents and "HEY HI!"

Recent Techrights' Posts

France: Apple and Microsoft Down, GNU/Linux Up to New Record Levels
How will tariffs against France impact things in the coming months?
Open Source Initiative (OSI) Privacy Fiasco in Detail: What Was Reported to the California Privacy Protection Agency (CPPA)
We hope to finish this whole lot within a week, then move on to election, lobbying etc.
Techrights Will Spend the Next Few Years Writing a Lot About Strategic Lawsuits Against Public Participation (SLAPPs)
It's a growing problem
The State of EPO Staff's Health in Rijswijk or The Hague
We're going to cover the EPO some more later in the month
NVIDIA Corp Lost 36% of Its "Value" Since Cheeto Inauguration, But "Gen Hey Hi" (GenAI) is Totally Not a Bubble
Selling loads of unneeded hardware based on hysterical hype; like selling shovels during a Gold Rush
 
Taking a Moral Stand Against Strategic Lawsuits Against Public Participation (SLAPPs) and the Worst Offenders/Facilitators
Any other stance would sidle with moral depravity or moral hazard
Links 06/04/2025: Many New Acts of Repression and Elements of Financial Depression
Links for the day
In Qatar GNU/Linux Rose From Under 1% to Over 4% in Two Years (or Over 5% If Counting ChromeOS)
It's a big improvement compared to what we saw last year
LLM Scrapers Are a Nuisance, But They're Also a Reminder It's Time to Make Your Site Static
Perhaps the best protection is the ability to endure surges
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, April 05, 2025
IRC logs for Saturday, April 05, 2025
Links 06/04/2025: Attacks on Education, Fake Patents, and Fake (Illegal) Patent Courts
Links for the day
Links 05/04/2025: Tariffs Backfiring, YouTuber Arrested, X/Twitter Set to be Fined
Links for the day
Gemini Links 05/04/2025: Offline is For Everyone, Copyright Colonialism, and More
Links for the day
Links 05/04/2025: TikTok Unsold (Still), Royal Society is Dead
Links for the day
GNU/Linux Growing in East Asia, Windows by Default No More?
GNU/Linux is now on the shelf
Slopwatch: Anti-Linux 'Articles' From Linux-Hostile LLMs
It is almost always negative things and nobody can be held responsible for it except the charlatans prompting the LLMs
Links 05/04/2025: Fentanylware (TikTok) "Sale Looks Highly Imminent" (US), Stock Market Drowning in Panic
Links for the day
Gemini Links 05/04/2025: Moving Plants, No to Smartwatches, RAID Hygiene
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, April 04, 2025
IRC logs for Friday, April 04, 2025
Techrights Has Dealt With More Potent SLAPPs Than Violent Microsofters Begging to Hide What They Did to Women
I became accustomed to SLAPPs
Links 04/04/2025: Fury in South Korea, Flight MH370 Remains Mystery
Links for the day
Gemini Links 04/04/2025: Anger and Raspberry Pi CM4
Links for the day
Links 04/04/2025: LLM Slop Bubble Bursting and Korea Music Copyright Association Bans Slop 'Music'
Links for the day
Traf-O-Data, the Company That Jeffrey Epstein's BFF (Bill Gates) (Co)Founded 53 Years and Went Out of Business Due to Heavy Losses
Who will die first, Bill or Microsoft?
Why Microsoft's Shares Sank Almost 20% in Recent Months (the Bubble is Imploding)
verified press reports from the past 24 hours
A Note on SimilarWeb
Or why SimilarWeb is meaningless for more than 99% of the sites on the Web
GNU/Linux Rises to Almost 5% in Algeria While Windows Sinks to All-Time Low
GNU/Linux grew tenfold
Where to Get More Gags
A valued reader recommended that to us
Links 04/04/2025: Tech Stock (Inc. GAFAM) Fall, Google Pretends to Do End-to-End Encrypted Emails (With Google in Control)
Links for the day
IBM Said to be Shutting Down Offices or Sites in the United States
the press can no longer avoid admitting that IBM moves many jobs to India
To Participate in Fedora Diversity You Must Use Proprietary Software
Not for the first time either
LLM Slop as Attack Vector on the Reputation of Linux
The attacks on Linux have escalated to information warfare
Yandex About to Be Three Times Bigger Than Microsoft (Bing) in Asia
That's about 60% of the world's population
Gemini Links 04/04/2025: Decoupling Updates, Elaho as Gemini Client
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 03, 2025
IRC logs for Thursday, April 03, 2025