Bonum Certa Men Certa

Impact of Software Patents and Excessive/Unregulated Profit Motives at USPTO: Now Even Common Encryption (i.e. Computer Security) Under Patent Attacks

Legacy of the likes of IBM's David Kappos and his predecessors

David Kappos
For mega-corporations, yes.



Summary: A roundup of patent news from the US and some relations between that and Europe, which risks repeating the mistakes of the patently-occupied (by large corporations' interests) USPTO

NOT ONLY the EPO is resorting to dubious privatisation of public services. Its apparent role model, the USPTO, is doing so too. This week's report from WIPR reminded us that: "Professionals from Serco will review patent applications and sort them into the appropriate classification. Serco has been contracted by the USPTO since 2006 to provide this service."



"Software patents now do what even the British Prime Minister could not successfully do. They combat encryption itself, effectively banning it if not discouraging its use (for transactional security purposes)."This isn't particularly surprising given that the USPTO is little more than a rubber-stamping warehouse, run by and for large corporations (see where its directors come from and who takes the lion's share of patents). It used to be IBM's turf and now it's Google's. As Andrew Orlowski put it last week: "The nomination of former Google lawyer Michelle Lee to run the US Patent and Trademark Office has been hailed as a victory for Silicon Valley. In 2007 Lee said the patent system was "out-of-balance" and needed "to be remedied". But does she still think that?"

Well, nothing has been done so far by Michelle Lee. Like Obama or Kappos before her, it was all Hope and Change, but nothing really happened. Kappos himself is now a patent maximalist (he profits from it), calling for software patents, which are not permitted in Europe (for good reasons).

As noted here a few days ago, patent trolls love software patents and this is starting to happen in Europe too. Software patents now do what even the British Prime Minister could not successfully do. They combat encryption itself, effectively banning it if not discouraging its use (for transactional security purposes). Who benefits here?

"If the US patent system did not permit patenting of software, none of this would have happened."See Tim Cushing's "Patent Troll Sues Everyone For Infringing On Encryption-Related Patent By Encrypting Their Websites" (the FSFE's Matthias Kirschner took note of these events). An article by David Kravets says that, unsurprisingly, this happens in Texas again. "A Texas company," he wrote, "is suing some of the biggest names in tech and retail, claiming their HTTPS websites infringe an encryption patent titled "Auto-Escrowable and Auto-Certifiable Cryptosystems." CryptoPeak Solutions has filed about six dozen cases in all, and they began hitting the patent-troll friendly venue of the Eastern District of Texas in July."

Here is a lawyers-centric report about it and a hackers-centric report that says: "Texas-based company CryptoPeak Solutions LLC has filed 66 lawsuits against many big businesses in the US, claiming they have illegally used its patented encryption method – Elliptic Curve Cryptography (ECC) – on their HTTPS websites.

"Elliptic Curve Cryptography (ECC) is a key exchange algorithm that is most widely used on websites secured with Transport Layer Security (TLS) to determine what symmetric keys are used during a session."

If the US patent system did not permit patenting of software, none of this would have happened.

This one lawsuit (or large set of lawsuits) grabbed a lot of the media's attention, but as Joe Mullin put it: "New patent lawsuits hit an all-time high in November, with many plaintiffs likely hoping to avoid new pleading rules that came into effect yesterday. A whopping 790 lawsuits were filed last month, with at least 212 filed on a single day: Monday, November 30." Also see "Patent Lawsuits Set One-Day Record with 257 New Cases, Most Filed in Texas", an article by rich people's press. The article starts as follows: "Remember patent reform? Congress proposed laws earlier this year aimed at curbing haywire patent litigation, but it appears not everyone got the memo. On Monday, dozens of patent plaintiffs targeted firms ranging from Apple to Airbnb, and set a one-day record with 257 new cases filed, ensuring 2015 will go down as another bumper year for patent lawyers."

A lot of these lawsuits boil down to software patents, which are under attack in the US, thanks to the Alice case. PatentBuddy, citing IAM's article, says that "David Kappos Discusses the 101/Alice Rejection of the Lip Sync Patent, McRO v Sony" and Professor Mark Lemley says, linking to this PDF: "Patentable subject matter is here to stay -- en banc Fed Cir denies review in Sequenom with only Newman dissenting."

This shows that software patents themselves are still a subject of debate even in the US, where software patents originally came from.

"The management and the high-level staff at the EPO already permit patents on life, serving the likes of Monsanto."We regret to learn that even some British software companies are basically ignoring the evidence and still deciding to pursue software patents (not just in the US). Sage Group, according to this new report, is becoming more like Trading Technologies. Instead of focusing on development of better software it is focused on acquiring patents on software. To quote the British media: "A number of its products, such as Sage Impact and Sage Live, have recently won innovation awards and an increased number of new patents will be coming from the firm."

Why are these large proprietary software firms and their lobbying front groups in Europe so insistent on being granted software patents? Because they are software monopolists in their area and they want to limit or block competition using patent lawsuits. How does that ever improve innovation? It's all about protectionism and in the field of software, owing to its inherent nature, workarounds are often not even possible.

The patent scope at the EPO is slipping out of control under the current management. "The European Patent Office (EPO) has quietly adopted," according to this new article patents "relating to human embryonic stem cells (hESCs)."

What will they patent next? The management and the high-level staff at the EPO already permit patents on life, serving the likes of Monsanto. This has got to stop. patents like these aren't for innovation; they're all about protections from rivals, supporting and broadening existing near-monopolies.

"An unexciting truth may be eclipsed by a thrilling lie."

--Aldous Huxley



Recent Techrights' Posts

Links 16/05/2026: Climate Issues, Free Speech, and Monopolies/Monopsonies
Links for the day
 
Links 16/05/2026: Cuba Plunges Into Darkness (Energy Wasted by Nonsense), Googlebooks as Slop Nonsense (Energy Waste and Time Wasted)
Links for the day
Gemini Links 16/05/2026: Retreat and Devuan Manuals
Links for the day
SLAPP Censorship - Part 78 Out of 200: Slandering Me for Saying the Truth About Graveley and Garrett's Abuse of Processes, Stacking Dockets
These are the sorts of things British taxpayers ought to talk about
"AI" Became a New Name or Placeholder for Debt
Because they will only ever lose money for this thing with "tokens" or "potential"
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026