Bonum Certa Men Certa

IBM Bemoans the Collapse of Software Patents in the US and Wants US Congress to Intervene for 'Certainty'

Reza SarbakhshPhoto source (Sarbakhsh): "IP Monetization", New York (2015)

Summary: The bizarre 'friend' of Free/Open Source software (FOSS), IBM, is still trying to ensure patentability of software whereas Apple and SAP, based on new stories, surprisingly enough serve to crush or at least weaken some

THE IMPACT of the Alice case has been great. Everyone is happy about it. Unless one is a patent lawyer or a software monopolist...

The American Intellectual Property Law Association (with its dodgy Microsoft Windows site) is an echo chamber that has just regathered and congregated many stakeholders, excluding people who actually invent and create things. The audience profits from patents, so it's not an unbiased event that's open to the wider public or at least offers the public speaking opportunities.

Just like the UPC Forum Munich, which lobbies regarding courts and litigation (money to be made by lawyers), the American Intellectual Property Law Association thinks in a narrow-minded way.

Now, let's talk about IBM, which is actively spreading (or trying to spread) software patents to even more countries. People who made a career out of cataloging the patent monopolies of massive corporations (that's where the big money is) are pursuing as many of them as possible, even 50,000 for just one company. Small business with an infinitesimal number of patents hardly every become a bleep on the radar and lawyers who work for them do nothing but drive them closer to bankruptcy, without any obvious benefits. Remember that the EPO also discriminately deals with applicants, prioritising large corporations even when these are not European (prominent patent practitioners -- to use a euphemism -- are still discussing the impact of this).

According to this new report from LES 2015, the "lead IP attorney" at IBM (whatever that actually means) isn't happy about Alice. Here are some quotes:

Legislation will ultimately be required to address the uncertainty created by the Alice Corp v CLS Bank ruling, a lawyer from IBM told the LES 2015 Annual Meeting.

Reza Sarbakhsh, who is lead IP attorney at the company, said the decision has provided little guidance on what is patentable in the computer software space.

“As with any other business, uncertainty is the enemy,” he said, asking whether legislation should be required.

While he admitted that “I don’t know if we can convince Congress to address problems from our perspective” in the short term, “eventually legislation is the answer”.

Sarbakhsh was speaking during a lively discussion on the impact of the US Supreme Court’s ruling from last June. The court said computer-implemented inventions are not eligible for patent protection.


Sarbakhsh does not explicitly say it, but knowing that he works for IBM, a booster and lobbyist for software patents, by clarity he means advocacy. To quote the author's paraphrasing: "Sarbakhsh said some large corporations are still pursuing software patents because the costs of getting them issued and the subsequent maintenance fees have not increased, even if patent value might be lower."

"It's not a business, it's protectionism. It ensures money continues to flow from the powerless to the powerful."Sarbakhsh said (direct quote): “Simply because one or two patents have been invalidated doesn’t mean we’re getting out of the patent business.”

It's not a business, it's protectionism. It ensures money continues to flow from the powerless to the powerful.

The overall tone of this lawyers-led event is similarly saddening. Then see the article (paywalled) titled "AIPLA 2015: Don’t dump portfolios due to section 101, patentees told". To quote the excerpt: "Software patent owners should not jettison their portfolios despite worries over the impact of Alice Corporation v CLS Bank and its application of section 101, an industry conference heard."

Why not? Because it harms the profits of patent lawyers?

Alice is a very big deal.

Apple is trying to invalidate software patents using Alice, whereupon "Ericsson says Apple's Alice motion against wireless patents threatens to swallow all of patent law," to quote Florian Müller.

Well, if it swallows all of patent law, or software patents in this particular case, then all the better.

One person wrote to us, "so if Apple succeeds then that may be troublesome for many other patent holders on wireless communication."

Separately, in Twitter and in his blog, Müller says that "Google-SAP cross-license agreement announced: is SAP once again critical of software patents?"

As we showed earlier this week, SAP is still trying to patent software in Europe, so we very much doubt a change of policy is in the making. However, with this cross-license pseudo-'peace', one might assume that SAP won't take any legal action against Android, and perhaps by extension GNU/Linux.

We're living in interesting times as we are at the crossroad when it comes to software patents. Lose it, as IBM wishes, and software patents may expand to the entire world. If we win this battle, then maybe we can still contain this injustice, even put an end to it worldwide. Patent lawyers won't give up and sit idly until everything, including life itself, becomes patentable (i.e. profitable to them).

Recent Techrights' Posts

Manchester United Dumped Microsoft Because Qualcomm Sort of Did
The Windows PCs were an utter failure
 
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
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
Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
The Register MS: Don't Use Linux
That really says a lot about The Register MS
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025