Bonum Certa Men Certa

In a Case Involving Microsoft, Court of Appeals for the Federal Circuit (Originator of Software Patents) Squashes Software Patents

Software patents are getting old and patently rusty

Metal



Summary: With Alice and with Bilski as prominently cited cases, a software patent of Allvoice gets thrown aside by the most software patents-friendly court in the United States

THIS afternoon we take a little break from Benoît Battistelli's EPO. One longtime foe of ours has certainly been CAFC, which not only brought software patents into existence several decades ago (in spite of public opinion and public interest) but also continued to rule overzealously in favour of them, time and time again.



Patent Buddy wrote about Allvoice v. Microsoft, calling it "a 101/Alice case" in CAFC. We have made a copy of this decision [PDF] and found that both Bilski and Alice are mentioned in page 14, quoted as follows: “Section 101 thus specifies four independent categories of inventions or discoveries that are eligible for protection: processes, machines, manufactures, and compositions of matter. ‘In choosing such expansive terms . . . modified by the comprehensive ‘any,’ Congress plainly contemplated that the patent laws would be given wide scope.”’ Bilski v. Kappos, 561 U.S. 593, 601 (2010) (quoting Diamond v. Chakrabarty, 447 U.S. 303, 308 (1980)). If a claim is drawn to subject matter that falls outside the four statutory categories of €§ 101, it is not patent eligible. In re Nuitjen, 500 F.3d 1346, 1354 (Fed. Cir. 2007). This is true without regard to whether it might otherwise be ineligible because it encompasses a law of nature, natural phenomenon, or abstract idea. See Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 124 S. Ct. 2347, 2354 (2014)."

"It's good to see growing awareness of the fact that software patents are generally "stupid"."And from the conclusion: "Because the district court did not abuse its discretion in enforcing the local patent rules, we affirm the district court’s grant of summary judgment of non-infringement as to claims 28, 37–38, 49–51, 56–57, 71–74, and 77 with respect to the “link data” limitation. In light of this ruling, we need not reach Allvoice’s other arguments regarding infringement of these claims. Additionally, with respect to the validity of claims 60–68 of the ’273 Patent, Allvoice conceded that these claims were limited to software instructions without any hardware limitations. In the absence of such limitations, the claims as written fail to recite a manufacture, or any other statutorily recognized invention. Accordingly, we also affirm the district court’s grant of summary judgment of invalidity of claims 60–68 of the ’273 Patent."

We find such cases curious because they serve to reinforce the trend which Bilski Blog dubbed "Alicestorm", showing that ever since Alice very rarely can software patents endure or survive in a courtroom. It thus greatly devalues them and reduces the incentive to pursue them in the first place. No wonder the USPTO has formally altered its examination guidelines.

"Today's US patent system is clearly becoming quite hostile towards software patents."Mr. Nazer from the EFF, an activist against "bad" patents (who sometimes specifically names software patents) has just made it into the trend-setting media in the US, under the headline "The 4 worst patents of 2015". Guess what? It's about software patents, not just bad (or worse) patents. "In April," to give one example, "the patent office approved US Patent No. 9,013,334, which covers “notification” systems that handle changes in the quantity of items being delivered or picked up by a customer. The “inventor” of this brainchild is not an entrepreneur but rather a patent lawyer clearly gaming the system. The holder filed a provisional claim in 2003, which he has used to shoehorn some 20 patents, all of them vague, broad and abstract."

Also see Forbes with "Monday's Must-Reads For Entrepreneurs: The Stupidest Patents Of The Year". It's good to see growing awareness of the fact that software patents are generally "stupid". Contrast this with blogs of patent lawyers, where the priority seems to be amplifying the selective (biased by omission) claims of software patents viability and authors explain how to trick judges or examiners into allowing software patents. Today's US patent system is clearly becoming quite hostile towards software patents. That's great news. For patent systems to be worth something they need to be strict and demanding; they must carefully evaluate the wider (collective) impact of each patent granted and each domain that's affected. Overpatenting became an epidemic in the US and more recently in China; Europe can hopefully still be rescued from the maximalists and monopolists.

Recent Techrights' Posts

IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs
 
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026
IBM's Stock is Crashing
If it follows the trajectory of its satellite Kyndryl, it can fall and reach as low as $75
Gemini Links 11/02/2026: Sunny Morning and "KiCad Aims to Ease Linux Installation"
Links for the day
Microsoft Loses Ground in Switzerland
One issue is, Google and Apple seem to gain at Microsoft's expense
Microsoft Layoffs Must be Very Near (and Very Large)
just like IBM
Bringing Attention/Awareness of EPO Corruption and Cocaine Use to the Mainstream Media
What has Europe become? Prey to vultures?
The Solicitors Regulation Authority (SRA) Delusion - Part V - Everyone Seems to Agree That SRA is a Sham
We're going to start a new series soon
A Can of WORMS - Part V - Up Next: The Comeback of RMS in the United States
Guess who funds the cancellers
Threats From 'Former' Red Hat (Now IBM) Staff While IBM's Likely Accounting Fraud Attracts Public Scrutiny
We must be getting "warm"
Matthew J. Garrett Has Just Sent a Threat to Put My Wife and I in Prison Because His Own Spouse Says He's a Rapist
What really intimidates him is his own spouse
Gemini Links 11/02/2026: Terminator Trilogy and Lagrange in the Apple App Store
Links for the day
Links 11/02/2026: Fentanylware (CheeTok) for ICE, Jimmy Lai Shows Journalism Became 'Crime' in Hong Kong
Links for the day
With Firefox Measured at 2% in the United Kingdom Time is Running Out for Web Site Support for Gecko/Servo Users
The open Web is rapidly dying while Mozilla celebrates and champions slop
Lawsuit reactions: EFF behaviour reveals zombification, censorship
Reprinted with permission from Daniel Pocock
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026