Bonum Certa Men Certa

US Patent Lawyers Stressed, Still Complaining About Alice Case and the Potential Sunset on Software Patents

Sunset



Summary: As the dawn of a new, post-software patents era is upon us, those who were making money from conflict are bemoaning the state of affairs

In order to salvage whatever reputation it has left, the USPTO must follow the example of SCOTUS (US Supreme Court) and limit the granting of patents on software. This doesn't mean that software patents are already dead, but little by little we may be getting there. It's only bad news for society's richest people.



"This doesn't mean that software patents are already dead, but little by little we may be getting there."According to the bankers' media, Goldman Sachs now uses patents versus competition from the likes of Bitcoin. "Goldman Sachs," explains this article, "has made a patent application for a cryptocurrency settlement system in a move that underlines bank hopes that the architecture behind bitcoin can revolutionise global payments.

"The application for a new virtual currency, dubbed “SETLcoin” by the bank, said it would offer “nearly instantaneous execution and settlement” of trades involving assets including stocks and bonds."

"They are abstract and are therefore not suitable or worthy of patent grants."We previously wrote many articles here about patents which relate to electronic payments. The challenges are being tackled not with innovation but with patent monopolies. Remember that the famous Alice case too involved a bank (CLS Bank). Patent lawyers are incidentally whining again, alleging that the sky is falling because the Supreme Court did its job and told the public the truth about software patents. They are abstract and are therefore not suitable or worthy of patent grants.

""Innovators" is what the lawyers basically call monopolists, for the most part."Here we have another legal firm, Finnegan, Henderson, Farabow, Garrett & Dunner LLP, calling the possible end of software patents (or the beginning of the end) "wreaking havoc" as if it's the most terrible thing to even happen (to them at least). To quote their new article: "The Alice Corp. decision and its progeny have been wreaking havoc at the USPTO. In addition to increasing costs, it has cast a shadow on our patent system. Innovators are seemingly unable to get patents without jumping through the ill‑defined “abstract idea/significantly more” hoop. Worse still, if your application ends up classified as a Business Method application, you could face a never‑ending string of €§ 101 rejections for the time being. Clearly, new approaches are needed to get past perfunctory rejections that dismiss claims as mere abstractions."

"Innovators" is what the lawyers basically call monopolists, for the most part. In their minds, more patents absolutely imply more innovation. It's nonsense. By lowering the bar (and the accompanying fees) every patent office can increase the number of patents. This does nothing for innovation. In many cases, innovation can only be retarded by this.

So, after this dramatic opening they say: "Rejections under €§ 101 generally contain a statement about what “abstract idea” the claims represent, along with a statement that any “additional elements” do not constitute “significantly more” than that idea. It’s quite difficult to get over this first hurdle. The Interim Eligibility Guidance from July asserts that abstract ideas “need not be old or long‑prevalent.” Combined with the Supreme Court’s statement in Alice Corp. v. CLS Bank, 134 S.Ct. 2347, 2354 (2014), that “all inventions . . . embody, use, reflect, rest upon, or apply laws of nature, natural phenomena, or abstract ideas,” it is clear that the USPTO considers very few claims to not include some abstract idea."

And rightly so. USPTO is doing what's long overdue because it must become more harmonious with courts' decisions, otherwise confidence in patents will decline and almost every patent granted by the USPTO will be viewed as bogus, invalid, incapable of withstanding scrutiny in court.

"Some articles in the media are overwhelmingly dominated by views of profiteers to whom terms like 'innovation' mean nothing; they never innovated anything in their lives, they just engineered disputes, threats, and lawsuits, often on behalf of some large and powerful institutions."At the end, watch how the lawyers are selling themselves to help confuse examiners and get around the rules: "request an interview with the examiner to get clarification as to which elements are abstract. In your next response, argue that the technological elements of the claims are outside of that abstract idea. This will force the examiner to more clearly explain the rejection, which will prepare your application for appeal or – better yet – result in the withdrawal of the rejection."

Meaning, pay a patent lawyer (i.e. a parasite) to see how you can patent software despite increasingly hostile rules (examination guidelines).

Yesterday at a Christmas party I had a chat with a retired MSP from London (he used to work as a programmer with Fortran before becoming a manager). When I explained to him some of these issues he ended up saying that if patent lawyers end up dried of income, he would very much applaud it. Some articles in the media are overwhelmingly dominated by views of profiteers to whom terms like 'innovation' mean nothing; they never innovated anything in their lives, they just engineered disputes, threats, and lawsuits, often on behalf of some large and powerful institutions. Litigation is not production.

“Never confuse motion with action.”

--Benjamin Franklin



Recent Techrights' Posts

Michael Catanzaro's Latest Blog Post Affirms Rumours of Red Hat Changes and RAs/PIPs at IBM
reading between the lines, IBM is "spitting out" Red Hat staff
 
SLAPP Censorship - Part 165 Out of 200: Two Years Since My Wife and I Sued
In early September 2024 we hit back
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 28, 2026
IRC logs for Friday, August 28, 2026
Gemini Links 29/08/2026: Death Notice, Systems Biology, and Gopher
Links for the day
Links 28/08/2026: Chatbot Pushers Admit They're Used Heavily for Social Engineering Scams, Strong Backlash Against "Smart Glasses" (CCTV on Legs)
Links for the day
If Linux Was Written in Rust, 80% or More of Linux Developers Would Not Understand It (Same If It's Composed by LLM Slop)
The licence (GPL) is not enough when there are ways to bypass it
Gemini Links 28/08/2026: Absurd Tomodachi Summer, Screen Piggery, and Jugulans 1.0.3 Released
Links for the day
Links 28/08/2026: "UK Power Grid Has a Phantom Data Center Problem" and "Growth at All Costs is Cancer"
Links for the day
SLAPP Censorship - Part 164 Out of 200: Patent Troll SLAPPs, Defamation Trolls, and Stranglers From America
You start to wonder if the core issue is insecurity
Rumours of More PIPs and Layoffs at Confluent Just Months After IBM Bought It
It is meanwhile apparent IBM will have mass layoffs next week (September)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 27, 2026
IRC logs for Thursday, August 27, 2026
After Many Waves of PIPs (Silent Layoffs) IBM Makes Non-Silent Layoffs, Effective Next Week (September)
What we heard is turning out to be true
Gemini Links 27/08/2026: Oklahoma, Tennessee, Haiku OS, Digital Resistance, and Staying Offline
Links for the day
Links 27/08/2026: Facebook to Pay Up to $17.1 Billion to Cover Up Known Harms, Nepal Landslide Kills Many
Links for the day
The Register MS Has Just Published Paid Spam That Says "AI" 19 Times
1.5 hours ago
Mainstream Media is Paid to Link "AI" Criticism/Boosting to Jeffrey Epstein Enablers, in Effect Showing How Corrupt This Media Became
Many readers will have noticed what was a paid-for PR campaign of a global scale
RSS is King: Why Having Subscribers or Followers in Sites You Neither Own Nor Control is Loss of Autonomy and Search is Mostly Slop (Plagiarising Sites, Not Linking to Them)
Because digital connections in third parties aren't assets; they endow another party with tremendous power over people (e.g. MElon getting to decide who can and cannot reach people or what messages to "dim down")
Claims of Tens of Thousands of 'Silent Layoffs' at IBM (and Red Hat)
Looking at recent activity in thelayoff.com, about 80% of the comments and posts are about PIPs
Links 27/08/2026: "Flock’s CEO Is Lying to Cops" and Microsoft's GitHub Actions Breaks Down Again (Too Many Layoffs, Loss of Knowledge)
Links for the day
Clownflare Sees GNU/Linux and ChromeOS at Over 13% in Bahamas
Narrowing down to desktops and laptops, and judging by Web requests that go through Clownflare, many people there use GNU/Linux or Google's 'bastardised' version of it (with spyware preloaded)
Richard Stallman Complains That Linux Gives a Bad Name to GNU and Asks for Feedback on What's Wrong with Systemd (and Wayland)
Maybe some people want to send him a detailed, polite explanation
GNU/Linux Does Not Need Social Control Media to Succeed
When it comes to Social Control Media, Richard Stallman was right
Increasing Focus on Patent Injustices
We'll soon cover the EPO a lot more
SLAPP Censorship - Part 163 Out of 200: Attack on Computer Science and on Computer Security (or Associating Back Doors and Kill Switches With "Security")
Nowadays there are many who pretend to be security professionals
There's No "Next XBox"
Nothing comes ahead except layoffs and price hikes
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 26, 2026
IRC logs for Wednesday, August 26, 2026
Gemini Links 27/08/2026: Conditioning, Lagrange 1.21, and Computer Games
Links for the day