Bonum Certa Men Certa

USPTO Receives Overwhelming Opposition to Software Patents

Flipping pages



Summary: The Free Software Foundation (FSF) successfully encourages many people to voice their opinion on software patents and the USPTO comes under pressure from other directions while unregistered lobbyists heckle those who drive progress

THE FSF'S Brett Smith, along with other people who support the FSF's cause, has been calling for requests to be sent to the USPTO (first mentioned here), asking politely for elimination of software patents until over 450 submissions were sent:



Last week, we put out an action item asking people to write to the USPTO, and explain to them why software should not be eligible for patents under their forthcoming post-Bilski guidance. To answer the call, you all sent in more than 450 letters, offering the USPTO all kinds of legal and practical reasons why they should stop issuing software patents. This is a tremendous response, and we're very grateful to you all for participating. Thank you very much!

Of course, we also submitted our own letter written by the director of the End Software Patents campaign, Ciarán O’Riordan. You can read it on the ESP site. We used this opportunity to point out three specific points in the Bilski decision that we believe seriously undermine any legal case for software patents. If the USPTO incorporates even one of these points into its guidance, it will be a big win for opponents of software patents.


The FSF must be doing something right because the hypocrite lobbyist Microsoft Florian, who is spamming journalists in the sense that without consent he sends a huge number of them identical E-mails (personalised for deception), called the FSF "spammer" for recommending that readers independently submit suggestion to the USPTO, which is run with/by their own government. The FSF -- unlike the company Florian lobbies in favour -- does not send fake letters with slight variations and fake names of dead people. But anyway, let's digress and not pay too much attention to aggressive lobbyists whose mask has fallen and goals exposed a long time ago.

Here is Red Hat announcing its contribution to this:

Yesterday Red Hat has submitted comments to the U.S Patent and Trademark Office regarding interpretation of the Supreme Court’s Bilski decision.

The submission was made in response to the PTO’s request for public comments to assist it in determining how to apply the Supreme Court’s decision in that case. Although the Bilski decision did not expressly address the standards for refusing to allow software patents, interpretation of the decision will determine whether certain patents are granted. Thus the PTO’s approach to examining patent applications will have a substantial effect on the patent landscape.


Needless to say, the tireless lobbyist is already bombarding Twitter with smears against Red Hat (for working towards removal of software patents).

Over at Groklaw, where the lobbyist is banned, there is publication of another detailed submission to the USPTO [via].

This is more than enough evidence that physical devices and computations have the ability to represent abstract ideas. Their use is essential for human beings to even be able to conceive, let alone use, these ideas. In particular the computations described by algorithms must be carried out physically in order to be used at all. If you patent the physical means to carry out the computation then you may end up patenting the computation itself if you are not careful. This is the mathematical basis for the non-patentability of algorithms as per Benson, Flook and Diehr.


Remarking on a story we covered last week, TechDirt publishes "Patent Office Says Another 'Worst Patent' Should Be Rejected As Obvious"

“Groklaw notes that Trend Micro is now at risk of losing the patent monopoly it has been using to attack competitors”While not wasting its time in Twitter arguing with lobbyists for software patents, the FFII drew attention to this good old article about "How two lines of code can infringe on a software patent"

One Twitter user wrote: "Any of your patent practitioners noticing a high level of COURTESY at the USPTO? The "business method" /software examiners impress me!"

Groklaw notes that Trend Micro is now at risk of losing the patent monopoly it has been using to attack competitors [1, 2, 3]. This happened at the USPTO's order, which sounds like an encouraging improvement.

The USPTO on September 16 issued an order granting Fortinet's petition to reexamine the validity of the Trend Micro patent on antivirus functionality, the 5,623,600 patent, on the grounds that a "substantial new question of patentability" exists based on prior art now being considered. Fortinet publicly acknowledges the help of the open source community, specifically mentioning the prior art searching you guys did here on Groklaw in June. The ultimate outcome is yet to be determined, of course, and that's in the hands of the lawyers now, but you guys did your part. It's a great partnership, techies and lawyers, and I thank you for working hard on this, and I hope it leads to a just resolution.


Lastly, just for laughs, see the new article "Larry King bagel company sued over 'patented water'" (it's not a satire).

A new lawsuit answers three great questions:

1. What is TV and radio personality Larry King up to now that he's bowing to Piers Morgan as host of a nightly CNN talk show? 2. Why can't we get a good bagel outside of Brooklyn? 3. Can you patent a process for making water?

Obviously, the answers are connected.

In July, King signed on with the Original Brooklyn Water Bagel Co. as a franchisee and brand promoter. The company specializes in selling bagels prepared in water adapted to replicate the H2O of Brooklyn, N.Y. King would promote the brand and help develop the budding chain's stores throughout the world, including, for those crying "dough" over the lack of tasty bagels in La-La Land, a store opening in Beverly Hills.


Unless the USPTO changes course, it is at risk of losing a lot of the legitimacy it has left. Reviewing the patentability of software patents would be a good start. "Success" is not to be measured in terms of the number of monopolies granted and only ever broadening their scope is a recipe for Water Bagel disaster.

Comments

Recent Techrights' Posts

Linus Torvalds Blasts Software Freedom Conservancy (SFC) for Attempting to 'Protect' Linux
Like it 'protects' women
New Record for GNU/Linux in Australia (at Microsoft's Expense)
Windows is at an all-time low, GNU/Linux... all-time high
Fighting Over Whose Pockets Are Deeper (or Who Borrows More Money)
When processes favour those who are more wealthy (or more willing to go into infinite debt or steal money of other people) those processes match the attributes of lawfare rather than law
 
Doxing is Illegal in the UK (Even If You're Based in the US)
Somebody has just added my identity (name, mugshot etc.) to a "hitlist" site of a political nature, pandering to violent people
Misunderstood Weapons of Censorship
It's cruel world out there. One needs to be aware of these shady activities, including "censorship-as-a-service".
Google Confidently Wrong, Nowadays Defaming People Too
I can relate as people did this to me and to my wife
What Happens When Americans Are Out of Office (Away From Work) for a Week? Vista 11 "Share" Falls to Just 10%.
How's that for slow adoption?
2026 Will Have EPO Focus, People Will See What the EPO is Trying to Hide
We certainly hope people will be held accountable
EPO People Power - Part XVII - Drugged, Stoned, and Drunk at the Office During Working Hours (Campinos Friend and Propaganda Chief Has Long Done This)
It's a total disgrace that press all over Europe is still trying to cover this up!
Gemini Links 28/12/2025: Health Ordeals and Discontinued Pedals
Links for the day
Slop About "Linux" Came Only From One Slopfarm This Weekend
Another day has passed with no LLM slop found in our RSS feeds
Links 28/12/2025: 'Digital Detox' and Slop "Backlash Grew Massively in 2025"
Links for the day
Links 28/12/2025: "Mass Quitting Apple" and "Generative AI Industry is Fraudulent, Immoral and Dangerous"
Links for the day
Links 28/12/2025: Fascination, Holidays, and Mormonism
Links for the day
Microsoft's Weapon Against the Reality of XBox (the Console) Dying Seems to be LLM Slop
XBox is dead/dying
Raffles for the Immaterial: Unauthorised Bingo for Red Hat "Vouchers"
This is IBM and some slop images
Andy Farnell on Standing Up Against Technological Oppression
some portions from it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 27, 2025
IRC logs for Saturday, December 27, 2025
Once Again, GAFAM Deletes All Your Data, Only Corrects This After Millions of People Lead an Uproar Online ("Richard Stallman Warned Us About This")
No lessons learned, eh?
You Know Your Critics Are Jealous and Have Inferiority Complex When...
One day we'll write about all this in great depth
Starting a Book With a Flawed Premise or Weak Hypothesis
To me, Schneier is a sort of "RMS of sec"
Microsoft's Mass Layoffs (30,000+ in 2025) Not About "AI", Just Business Failure
"AI" is replacing... the old excuses for mass layoffs
"But Corruption is Everywhere"
"We'll always have Polio..."
EPO People Power - Part XVI - Berenguer Does Not Speak German, So What Did He Tell German Police That Busted Him?
based in Germany and does not speak the language
Challenges for EPO Insiders to Try to Tackle in 2026
Nothing will get solved as long as the circus that runs this show tries to keep the circus going
Days Without Slop About "Linux"
It's time to move on
Links 27/12/2025: Canada Post Strike Called Off, Debate About Europeans "Working Over Christmas"
Links for the day
Gemini Links 27/12/2025: Household Appliances and Flight Fright
Links for the day
Links 27/12/2025: US Cracking Down on Whistleblowers, Expanding Bombardment Campaigns Worldwide
Links for the day
Resuming EPO Coverage Today, Can António Campinos 'Survive' Cocainegate?
We said we'd continue in the weekend
Links 27/12/2025: More Attacks on Media (Meduza Co-founder Sentenced to Prison in Absentia), "What Owning Music Means To Me"
Links for the day
Gemini Links 27/12/2025: geminiprotocol.net Downtime and Capsular Gemlog Manager
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 26, 2025
IRC logs for Friday, December 26, 2025
Tossing Embarrassing News Under the Christmastime Bus
This isn't just some coincidence; those are conscious choices
Victim-Blaming in Debian
Verhelst previously did blame-shifting when Debian suicide clusters happened
IBM Cuts in Japan, Red Hat is Attached to a Sinking Ship
IBM, which controls Red Hat, is a rapidly shrinking company
Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
Free Software Foundation (FSF) Supported by Unconventional Digital Bartering Communities
But no strings attached
Geminispace: 5,000 Capsules in 2026
There are 4.8k now
Gemini Links 26/12/2025: Careful What You Eat and "My Secret Santa"
Links for the day
The Indigenous Community Versus Corporate AstroTurt and 'Cancel Culture'
Good people will recognise exactly what's happening here and respond to it tactfully
Richard Stallman: Epstein is a Serial Rapist. Bill Epsteingate: Epstein is a Friend.
Supporting the FSF (or Richard Stallman) is supporting those who asserted Epstein had serially raped women
The Paradox of GAFAM: Saying You Protect Women, Appointing Abusers of Women to Run the Company
older articles
Censored by FreeBSD Core Team Secretary, Reinstated After Talking About it in Public
FreeBSD misfiring a CoC?
Links 26/12/2025: Chatbot Toys Terrorising Children, US Undeclared "War on Terror" Unilaterally Extends to Nigeria During Holidays
Links for the day
Links 26/12/2025: French Postal Services Under Russian Attack, U.S. Cheetos Accuse People Who Obstruct Information Warfare by Russia of "Censorship"
Links for the day
Debian's Daniel Kahn Gillmor is Wrong, Signal is No "Gold Standard" (It's Also Promoted by Proponents of Back Doors)
I'm not too sure why Debian or the ACLU would wish to associate with this
Next Year Will be the Year of Quantum, Just Like 2020, 2015, 2010, 2005 and So On
"Quantum" is the future
The Silent Power of Coercion Over Speech
The important thing is optics
Kazakhstan Doesn't Need GAFAM Datacentres (Spy Hubs)
Suffice to say, as far as we can gather nothing came out from the empty (false) promises of GAFAM's "data centers in Kazakhstan"
So Simple That You Can Touch and Feel It
In light of recent experiences
Christmas Music Project: Back to When Music Was Music
now Canonical (or Ubuntu) says we should make available tens of gigabytes of disk space
Internet Relay Chat (IRC) Under Attack by Cross-Network Spam Floods
So far we've been spared (our network has not been targeted at all) [...] Let's hope the spam won't discourage the hundreds of thousands of people worldwide who still use IRC
An "AI-Infused" Windows
Microsoft Windows isn't becoming a worthless pile of garbage by accident
Microsoft Laid Off Over 30,000 People This Year, Coders Are "Too Expensive"
Go get some popcorn. Microsoft "slopware" is about to get real!
Critics Have Long Said Microsoft Produces "Slopware", Microsoft Wants to Prove Them Right
Slop instead of code is a step in the right direction?
The Top 8 Innovations of IBM in 2025
What innovations will come out from IBM in 2026?
And as the Year Turns...
The significance of new years isn't based on geology or astronomy or anything like that
Appliances Versus Computers
Replacing a computer inside an object of some kind or inside an appliance (which nowadays includes "modern" cars) isn't simple and isn't cheap
A Dark Side of Europe
They try hard to silence people who speak about these issues
Why People Love Techrights (and Also Loved "Boycott Novell")
I will continue to publish for many decades to come
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, December 25, 2025
IRC logs for Thursday, December 25, 2025
Browsing Techrights With a GUI and 10 Megabytes of RAM Per Tab
Some people say it's not possible in 2025, maybe in part because they depend on very bloated software
A Tribute to Richard Stallman
It's about knowledge and sharing
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day