Bonum Certa Men Certa

What the Bilski Ruling Might Mean to Software Patents, Microsoft

Homeless car plate



IN previous posts about the re Bilski ruling [1, 2, 3], a cursory look at the ruling was all there was to be offered.

Now that people have taken a more careful look, discussion among experts leads to better assessment and understanding of the decision's impact on both business methods and software patents. Are they doomed altogether? Which ones? Would they hold water in court? Will they still be possible to obtain? What happens to existing such patents which applicants spent enormous amounts of time and money on? What does this mean to companies whose patent portfolio is their main or only business? These are all interesting questions and a subject that will be debated for quite some time.

Courtesy of and thanks to the work of Digital Majority, here are some posts of interest.

Prematurely-announced Victory?



On the subject on software patents:

State Street Overruled... PERIOD

The Federal Circuit has overruled State Street and software patents are no longer available as they have come to be available over the last 10 to 15 years.


Software and business method patents take a hit

Certainly we are not at the end of this, but for the first time in a long time advocates of software patents have been put on the defensive. This is really big.


Effect on Microsoft



Microsoft has for long relied on the last resort which is software patents. It also kept itself occupied trying to expand patentability of software to the many countries which reject them (e.g. India). The ruling regarding Bilski could , but as predicted some weeks ago by Stop Software Patents people, it's sensible to expect pro-software patents lobbyists to strike back.

Either way, here are some posts or interest:

Microsoft Has A Problem: Software Patents Go Up In Smoke

So, companies like Microsoft would have a lot to rue about as a huge portion of their patent portfolio has become circumspect. This not only would rob them of revenues in terms of royalties but would also open up a lot of space for competition as well. Special thanks to Red Hat to take up the fight and providing crucial data to the court to take this decision.


US court throws out most software patents - Microsoft has a problem

Much of the patent portfolio of some of the world's biggest software companies has become worthless overnight, thanks to a ruling yesterday by the US patent court.


The Scariest Things in Open Source

Another scary thing for those in Open Source would be patents. Honestly, thanks to the legal work done by so many in the FOSS world (big props to you guys), patents have more or less become a huge paper tiger. They still scare a lot of people, but in the end, all the saber rattling by the big boys (Microsoft, Oracle, Apple, Intel, etc, etc) have more or less rendered patents as nothing more than dead trees splattered with ink.


Reality Check



Some more moderate analysis from Mike Masnick:

Is There Still A Big Loophole For Software And Business Method Patents?

It's not a full rejection of software or business model patents, but I think that's for the best in the long run. It's better to create proper overall rules, rather than trying to carve out exemptions and creating a patchwork of rules. However, I'm still worried about the loopholes, and how quickly lawyers with tons of patents seem ready to leap through those loopholes.


As a little bit of background and historical perspective:

Federal Circuit Reins in Business Method Patents

During the 1990s, it handed down its Alappat and State Street decisions, which gave a green light to patents on software and business methods, two categories of innovation that had traditionally been regarded as ineligible for patent protection. Even as the evidence mounted earlier this decade that these patents were hindering, rather than promoting, technological innovation, the Federal Circuit showed no sign of backing down.


The decision (or clarification) which will come from EPO is important too [1, 2, 3, 4]. Suffice to say, as IPKat pointed out last week, this may have an impact on the UK as well (Nokia did some damage there [1, 2, 3]). In addition, re Bilski could affect the judgment of the EPO.

“[The EPO] can’t distinguish between hardware and software so the patents get issued anyway”."

--Marshall Phelps, Microsoft

Recent Techrights' Posts

Linux Foundation Has Found a New Business: Pyramid Schemes
Linus Torvalds should have known better
IBM's Total Debt is About to Hit Almost 80 Billion Dollars, the Company Can Only Raise $14.8 Billion Within 3 Months
Route towards insolvency, not just irrelevancy
IBMers Impacted by the Mass Layoffs (Which IBM Tries Not to Talk About) Are Livid as the CEO "Spends 11 Billion He Doesn’t Have"
IBM dooms both its brand and its future
Consumerism and Christmas
Many of us yearn for prior decades when December was about family, not shopping
 
IBM: We Lay Off Tens of Thousands of People the Very Same Week We Spend 11 Billion Dollars (Debt) on "AI" Fantasies, Hiring About 8,000 People at Cost of 1.3+ Million Dollars Per Employee
Seems like IBM is run by fools
Google Still Promotes Plagiarism From WebProNews and Prolific Slopfarms
Google News seems lost and hopeless sometimes
Links 09/12/2025: Tariffs Causing Great Harm and "How to Leave the U.S.A."
Links for the day
Links 09/12/2025: "After the Bubble" (of Slop), "The Internet Forgets"
Links for the day
Gemini Links 09/12/2025: Lunar Observations and Programming
Links for the day
They Won't Tell You This ("Revolution Won't Be Televised"), But the Slop Bubble Already Burst
We already wrote about it twice this morning
UbuntuPIT Started Experimenting With LLM Slop and a Month Ago It 'Died'
This is the typical trajectory of slopfarms
LibreWolf Will Turn Six in March, It Already (Probably) Has Millions of Users
It's not possible to know the number of users LibreWolf has
The Year of the New Dark Age
Something isn't right
Slopwatch May be Doomed
Slop isn't changing the world, certainly not in a good way anyway
BetaNews Still a Dodgy Site, It Seems to be Partly Run by Chatbots
The company that took over apparently tries to "monetise" the domain with slop
Tomorrow the EPO Administrative Council is Meeting to Discuss the EPO, Contact Your National Representative Today
Final versions of the EPO Administrative Council photo gallery
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 08, 2025
IRC logs for Monday, December 08, 2025
'Linux' Foundation 'Research' (Marketing) Has New Report About "Open Source" and It Was Made Using Proprietary Software and Not Linux
what 'Linux' Foundation 'Research' is
Links 08/12/2025: Cambodia-Thailand Air Raids, Japan/China Military Incident
Links for the day
The "Cut 10,000 Jobs" Clickbait and Microsoft Sites Now Speculating That Microsoft CEO Has Just Signalled More Mass Layoffs
by our tally, Microsoft had more than 30,000 layoffs this year, not 15,000
Canonical Outsourcing Ubuntu to Microsoft Results in Broken Ubuntu, Just as One Can Expect
State actors and Microsoft prefer it that way
Mocking a Software Developer for Using the Terminal or Programs Like Emacs
A decade ago someone asked RMS (Richard Stallman, founder of the free software movement) to send a screenshot
OpenAI Traffic Collapsing (for 3 Months in a Row About 20% Down Per Month), Bankruptcy Likely Soon
How much time has OpenAI got before its massive debt is too much for anyone to shoulder or bear?
IBM + NDA = Laid Off Workers Saying "Thank You" for the Layoffs
The important thing is, for now, more people become aware of it
Monsieur Claude Sahl, Part of the Administrative Council of the EPO (Which Fails to Administer the EPO), Has Been There For Over 30 Years
They have basically built themselves a very expensive palace in Bavaria (Germany), in which to grant European monopolies to billionaires and companies that aren't even European
Open Letter to the Administrative Council of the EPO Calls For Action as Salaries Decrease (Just Like Patent Validity)
Based on what I heard and spoke about with journalists, they accept there is a substance abuse problem at the EPO's management
Links 08/12/2025: "Leaving Intel" (Exodus Continues) and Ways "to Civilize Digital Life"
Links for the day
Gemini Links 08/12/2025: Earbuds and Offline 'Smartphones'
Links for the day
Books About Bubbles
calling things "AI" and "AIs" can mislead the reader
Links 08/12/2025: Slop Failing and Windows Users Won't 'Upgrade' Due to Slop
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 07, 2025
IRC logs for Sunday, December 07, 2025
IBM's Mass Layoffs Will Continue Until Morale Improves
From recent hours
Links 07/12/2025: Political Catchup, Conflicts, Environmentalism
Links for the day
Gemini Links 07/12/2025: "Lazy Saturday" and Kubernetes With FreeBSD
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 06, 2025
IRC logs for Saturday, December 06, 2025