Bonum Certa Men Certa

The Horrible State of the US Patent System With Its Infamous Software Patents and the Latest Deception From Patent Lawyers-Dominated Media

Sheep can be bamboozled by the patent wolves in sheep clothing

Sheep and wolf



Summary: A roundup of recent articles about software patents and how media which targets patent lawyers (and is often managed and authored by them) covered the subject

THE US patent system has attracted worldwide ridicule for patent trolls and for low-quality patents. It got a lot worse in recent years as the number of granted patents doubled (without innovation actually doubling). A new article by Daniel Nazer from the EFF, who dunked his article in at least a couple of places [1, 2], is putting to shame a software patent. "This month," he wrote, "we feature yet another patent that takes an ordinary business practice and does it on a computer. Our winner is US Patent No. 8,738,435, titled "Method and apparatus for presenting personalized content relating to offered products and services." As you might guess from its title, the patent claims the idea of sending a personalized marketing message using a computer."



"Who benefits here other than the patent 'industry'?"These patents tend to be as trivial as they sound. No wonder a lot of patent trolls strike everywhere and people are shocked by the poor patent quality at the USPTO, where almost every patent application is now successful. To invalidate patents in a court it costs a lot of money, so settlement is often a lot cheaper, even when the patent at hand is provably bogus. Consider Apple's "Slide-to-Unlock" patent, which we wrote about before (even years ago). Apple's latest patent loss was covered by Professor Dennis Crouch a few days later and IAM meanwhile showed that it's rather upset because phones are to be sold at a price less than patent tax (‘royalties’). This massive patent tax, which can artificially bring the price of phones up to $1000 apiece, helps patent laywers and maximalists. Why did it take so many years for the courts to finally be convinced that the stupid "Slide-to-Unlock" lunacy is not patent-eligible? Will Apple appeal (or petition to appeal), ensuring this drags on in the courts for several more years to come? Who benefits here other than the patent 'industry'? Who foots the bill if not Samsung, which can pass down the cost of litigation to customers?

"They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists."The patent maximalists have just noted "a record year [2015] for" realisation that many patents granted by the USPTO should never have been granted in the first place. It's about PTAB, which we wrote about the other day. "This is the year the US patent pendulum swings back," said another new headline from patent maximalists, noting: "It’s been tough going for patent owners in the US over recent years, with legislation, the courts and the Patent Trial and Appeal Board at the USPTO increasing uncertainty over validity and enforcement; this has reduced the incentives alleged infringers have to make deals, while also pushing down patent values. Now, though, things may be about to change..."

They make it sound like terrible news. Well, it is perhaps for patent lawyers and other patent maximalists. "Examiner's comment regarding use of DDR Holdings in 101/Alice rejection," was noted by Patent Buddy the other day, "everyone argues that case and we don’t know what it means."

"Objective analysis or salesmanship?"Another site of patent maximalists (although a more restrained one when it comes to that) took note of PTAB and asked: "Does the Patent Act permit the Patent Trial and Appeal Board to make inter partes review institution decisions?"

In simple terms, all the above are very much concerned about the ability to kill patents even without them being brought before a court (patent litigation). What we strive to show here is the sheer bias, where those who profit from patents but don't actually make anything bemoan the new reality (post-2012 and post-2014, one being a reform and the latter being Alice at SCOTUS).

Trying to get software patents in Singapore? Well, as viewed from patent maximalists' eyes (MIP), that's all fine and dandy. Trying to get software patents in Korea? HANOL Intellectual Property & Law is trying to help with its 'opinions' and 'articles'. The situation is explained by patent lawyers in Korea. Objective analysis or salesmanship?

"We blame this on self-serving patent lawyers steering it all, from media to policy."Looking at IAM, another one of those patent maximalists' sites, even the Chinese patent bubble is noted there [1, 2]. Surely they hope that not only Europe but east Asia too will follow the terrible model of the US patent system. Here they are fawning and drooling over patent trolls in Europe -- trolls from whom they can make money. Patent thickets and patent taxes are being broadened even further with all sorts of aggregates like WiLAN, so patent lawyers show some glee (with revenue steams like these, what lawyers would not be jubilant?) and say: "This deal comes amid what has been a transformative period for WiLAN. Last June it acquired a portfolio of around 7,000 assets formerly owned by Qimonda. It followed that by announcing that it had agreed a privateering deal with Freescale Semiconductor in which Freescale agreed to transfer more than 3,300 patents to the NPE" (it means patent troll).

There is so much misinformation out there about patents. We blame this on self-serving patent lawyers steering it all, from media to policy. Technical people must at least try to get involved and get the record straight, otherwise they'll get harmed.

Pieter Hintjens, the former President of the FFII, said some days ago: "A lesson I learned many years ago, fighting software patents: if your communities don't do politics, politics will do you." He then added: "To do politics: identify your enemy, understand them, then raise their costs to an unbearable level."

Recent Techrights' Posts

Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
 
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026
Streisand Effect and Justice
This weekend this site has served over 8 million Web requests
Gemini Links 22/03/2026: "Woman of Tomorrow" and "First Steps in Geminispace"
Links for the day
SLAPP Censorship - Part 19 Out of 200: They Were Ill-prepared for Tough Questions in Cross-Examination
Very ill-prepared for the deteriorating situation caused by their clients' past behaviour towards many people, including high-profile figures who offered to testify
The Media Sold Out to Slop Bros
If you wish for the hype to stop, then stop participating in it
EPO Strike a Week From Now, After That Strikes Can Become Permanent
A week from tomorrow there will be another strike
The Only Non-IBM Staff in Fedora Council/Leadership Attacks Booting Freedom (Just Like the Master Wants)
Last week IBM laid off almost 1,000 people in Confluent and the media didn't write anything about it, so don't expect anyone in what's left of the media to comment on Fedora's demise and silent layoffs at Red Hat
Just Like a Founder of XBox Said, Microsoft XBox is Collapsing, Management Continue to Jump Ship
Nowadays Microsoft tries to promote this idea that Windows is XBox and XBox is Windows
Links 22/03/2026: Slop Triggers Emergency at Meta, Energy Prices Rise Sharply
Links for the day
Links 22/03/2026: Microsoft 'Open' 'AI' in Legal Trouble (Plagiarism, Distortion, Misrepresentation); Facebook/Meta Kills Off "Horizon Worlds"
Links for the day
Racism Dressed Up as "Choice"
Racism is rampant at IBM
Probably an All-Time Record
Our investment in our own SSG is paying off
Your Site Should Implement Its Own Search (Before It's Too Late)
GAFAM was never trustworthy
Gemini Links 22/03/2026: LLM Slop Attacks USENET, Announcing Pig (New Game in Gemini Protocol)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 21, 2026
IRC logs for Saturday, March 21, 2026
SLAPP Censorship - Part 18 Out of 200: Third Parties Funding Attacks on the Messengers, Lawsuits Against GAFAM-Critical Voices That Uphold Real National Security
Women are like kryptonite to them
Never Trust People Who Write Their Own Wikipedia Pages (Vanity Pages About Themselves) or Ask Friends to Do So. Also: Jono Bacon is Married to Microsoft.
We'd hardly be the first to point out Wikipedia isn't what it seems
No Tolerance for Attacks on Family Members
Being a Free software activist ought not lead to "collateral damage" like attacks on family members, including doxing
Sirius Open Source is Just a Zombie Firm With Shell Entities
Many companies fake their health and their size
Communities Can Only Survive When Trust Prevails
PCLinuxOS is still a vibrant and authentic community
Techrights Was Always a Community Site
The harder we're attacked, the more people participate in the site
Maintenance Reminder
We'll carry on publishing
Behind the PR Smokescreen and Microsoft-Sponsored Chaff, Microsoft Layoffs in "AI" Alleged This Month
In an age when ~1,000 simultaneous layoffs aren't enough to receive any media coverage, what can we expect remaining publishers to tell us about Microsoft layoffs in 2026?
EPO "Cocaine Communication Manager" - Part VIII - Mobbing and Silencing of Dissenting Staff
that's the very cornerstone of functional democracies with real opposition parties
Bluewashing at Confluent: Some Workers to Leave Within 3 Months (IBM Mass Layoffs)
Is the "era of AI" an era when none of the media will mention over 800 layoffs? [...] There's a lesson here about the state of the contemporary media, not just IBM and bluewashing
Microsoft OpenAI, Drowning in Debt and Forced to Make Significant Cuts (as Reports Reveal This Month), Does Hiring Disguised as "Takeovers" to Fake Value or Alleged Potential
Remember what happened to Skype last year
Reader Shares Recent Memes on Slop and 'Coding' by LLMs
"just some funny memes I thought were relevant to current coverage."
Slop Does Not Replace Art, It Contaminates Everything With Reckless Nonsense
many Computer Scientists do not want programs to get contaminated by slop
Coders Don't Just Reject 'Vibe Coding' Because They're "Luddites", They Just Know the True Cost of Slop
if some programmer says slop sucks, don't rush to assume selfishness or defence of one's occupation
When Nobody Else Covers the News
There's an obvious "media blackout" regarding the mass layoffs
Links 21/03/2026: David Botstein Dies, Slop as Censorship Apparatus
Links for the day
Links 21/03/2026: Metastablecoin Fragmentation and Crescent Moon
Links for the day
Gemini Links 21/03/2026: Historic Ada Docs; The Lurking LLM on the SmolNet
Links for the day
HSBC the Latest Failed Bank Using Slop as Excuse for Its Financial Failure
"HSBC is planning on cutting as many as 20,000 jobs in the near future as the company allies with AI revolution."
Invitation to General Assembly After 1,200 EPO Workers Participated in the Demonstration 3 Days Ago
"the strike of 19 March was also very well followed."
A/Prof Susan G Kleinmann, Enkelena Haxhija & Debian-private risk to MIT
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, March 20, 2026
IRC logs for Friday, March 20, 2026