Bonum Certa Men Certa

Alice (€§ 101​) So Big a Concern to Patent Lawyers and Software Monopolists That Lobbying Campaigns and 'Conferences' Emerge to Crush or at Least Marginalise/Limit the Courts

Changing the law with think tanks and lobbyists

Fordham IP Conference
Featuring Microsoft-sponsored 'speaker' (lobbyist), David Kappos for software patents and against €§ 101



Summary: Right now there is growing uncertainty over software patents and even US courts, including the highest such court (the Supreme Court), are such a threat to patent aggressors which utilise software patents to startle or bankrupt their competitors that a propaganda campaign becomes widespread

THE USPTO does not wish to comply with courts' will. The US patent system is so greedy that it continues to grant a lot of software patents, even when most of them, once properly challenged in a court using Alice, get invalidated. There are still the occasional patent cases where in spite of Alice the software patents survive. One such case has just been covered here and it says: "The court denied defendant's motion for summary judgment that the asserted claims of plaintiff’s network security patents encompassed unpatentable subject matter and found that the claims were not directed toward an abstract idea."



"The US patent system is so greedy that it continues to grant a lot of software patents, even when most of them, once properly challenged in a court using Alice, get invalidated."Meanwhile, patent maximalists are bemoaning the new post-Alice reality, quoting lots of other patent maximalists or lawyers. "It’s getting harder to patent software," says the headline of this new article. Well, this sounds like excellent news. Software algorithms should never have been patentable in the first place. The author says: "Software patents have been under increased scrutiny for several years due to their malicious use by non-practicing entities, or patent trolls – persons or companies that do not necessarily invent or manufacture anything, but that purchase patents, often from bankrupt countries, and subsequently sue others for infringement."

Composed by Charles Bieneman, another new article asks, "How Do Biotech Patent-Eligibility Cases Speak to Computer Patent-Eligibility Cases?"​

"They're trying to put an end to invalidations under 35 U.S.C. €§ 101 and they're funded by large corporations to do so. Their clients (including Microsoft) pay them to mislead politicians and to lie to the public."To quote the opening paragraph: "The Federal Circuit recently held that a claim of U.S. Patent No. 5,612,179, reciting “methods of detecting genetic variations” was directed to unpatentable subject matter under 35 U.S.C. €§ 101. Genetic Technologies Ltd. V. Merial, LLC, Nos. 2015-1202, 2015-1203 (Fed. Cir. April 8, 2016). Anytime the Federal Circuit weighs in on Section 101 patent-eligibility, those of us in the patent bar scramble to comprehend the potential impact to pending patent applications and issued patents alike. For those of us who practice in the computer area, the question arises: how are we informed, or are we informed, by a holding concerning patent claims directed to genetic analysis?"

It's always noteworthy when CAFC throws away patents like these because software patents originally came from CAFC. Notice the trend now. The courts which once supported software patents no longer do. It must be a scary time to be a patent lawyer in this particular area/domain.

In his final part (part of a long paper), Robert Sachs (patent lawyer) makes it clearer that he was just pushing for software patents all along. To quote his final words: "The fictional form of the mental steps doctrine represents a significant and unwise departure from the factual form. The fictional form is untethered from the conceptual and technological attributes of computer design, the nature of human cognition, and the practical reality and value in computer-implemented inventions. The courts should return to the doctrine’s factual form, and avoid a further descent into the fact-free analysis that now characterizes patent eligibility."

"One sure thing is, software developers are absent/left out of this whole debate."This is becoming similar to the infamous whitepaper from David Kappos and his recent lobbying for software patents. They're trying to put an end to invalidations under 35 U.S.C. €§ 101 and they're funded by large corporations to do so. Their clients (including Microsoft) pay them to mislead politicians and to lie to the public. Watch another new example of lobbying for software patents, again taking the shape of a "conference", just like those funded by Microsoft nowadays [1, 2]. As Cathy Gellis put it: "At this conference on IP in software there's not nearly enough discussion on WHY ON EARTH DO WE NEED IT."

"Judge Dyk acknowledges that patent law is not limitless, and that patentable subject matter should not be completely unbounded," Patently-O noted the other day.

Who's going to win? The courts, the USPTO, or lobbyists and their affluent clients? One sure thing is, software developers are absent/left out of this whole debate. It's quite a travesty really.

Recent Techrights' Posts

Microsoft: Work Weekends Too
Microsoft literally working its workers to death
Stallman Has Explained Slop is "Marketing Hype Campaign" and Torvalds Agreed. The Difference is the Bribes.
So be like Stallman
SLAPP Censorship - Part 167 Out of 200: The Court of Appeal Might be the Next Step
Today is our last vacation day
 
PIPocalypse at IBM
Silent layoffs
Spending Over a Million Bucks on Lawsuits Abroad When There's a Big Mortgage to Pay in America
Priorities, priorities...
Gemini Links 31/08/2026: Announcing ROOPHLOCH 2026, smol.pub Discussion, and LLM Plagiarism Engines Target Geminispace
Links for the day
Richard Stallman's GNU Turns 43 in 4 Weeks, FSF Growing
In a few weeks GNU turns 43
IBM's Cuts Are Worsening Security in GNU/Linux
IBM is still run by the same idiot who proposed taking over Red Hat
Links 31/08/2026: Anthropic Sued Again for Copyright Infringement of Massive Scale, 'Tokenmaxxing' Shows Slop is a Worthless Liability
Links for the day
Links 31/08/2026: "Teslas Are Still Driving Into Oncoming Freight Trains" and "LLM Moats Quickly Evaporating"
Links for the day
Debian Project Discards About 25% of the Votes on LLM Slop, Microsoft Votes in the General Resolution (GR)
"[t]he rules of the vote saw community members asked to rank each of the eight proposals. Just under 600 people voted, but Debian’s election team rejected many for unspecified reasons, leaving almost 450 valid votes to count."
Essentiality of Rest and Killing Oneself for Vicious Companies
Working for Microsoft is foolish
In the UK, Bing (Microsoft) Down to Lowest Level Since January
our tax money being passed to Microsoft via MoUs (back door deals with kickbacks)
German Government Sponsors IBM Because of GNU/Linux
Flatpak is sponsored by, run, and controlled by IBM
Richard Stallman Speaks to Christine Hall of FOSS Force, stallman.org is Down for Over a Day
interview does a good job addressing the hype about LLMs too
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 30, 2026
IRC logs for Sunday, August 30, 2026
Gemini Links 31/08/2026: Holidays, Stream of Consciousness, and Posting Online
Links for the day
Anniversaries Next Month
The month should be otherwise quiet and uneventful for us
Coding is Not Obsolete
we drown ourselves in chaff to meet "LOC" objectives while ignoring everything else
Microsoft Layoffs Perpetual But Silent, People Pushed Out Using Pressure or Incentive Schemes
Earlier this month we named some of the programs
Links 30/08/2026: Apple Rant and LLM (Slop) Scrapers Target Gemini Protocol and Gopher
Links for the day
Salaries Are Counted in Money, Not in Participation in the Employer's Scheme
articles greatly exaggerating GAFAM salaries
Walls in Free Software
mind your own business and move on
Even Linux Cannot Cope With Slop
Bots on the Web are truly obnoxious
What a Summer!
Tomorrow is the last day of this month
Links 30/08/2026: Soldiers in Niger Attack Presidential Palace and Airport, Nepali City Struggles to Handle the Many Dead Bodies
Links for the day
Clownflare Sees GNU/Linux Rising to 11% This Past Week
Is it the year of "Linux in China"?
Links 30/08/2026: Russian Strike on a Ukrainian Warehouse and Rhetoric Escalations
Links for the day
Gemini Links 30/08/2026: Photography, Paper Books, Linux Kernel and the Debian Projects Permitting Slop Plagiarism
Links for the day
Imagine a World Where Nobody Fights for Software (and Computing) Freedom
The community keeps fighting back, so some of these ambitions are delayed or watered down
FSF Has Grown (More Staff) After a Year of Financial Growth
On October 4 the FSF turns 41
GNU/Linux Has Become More Mainstream in the United Kingdom
It's a long weekend here and we guess some people dabble in GNU/Linux migrations, at least at home
SLAPP Censorship - Part 166 Out of 200: Garrett Wasn't Found Innocent Per Se, the Court Wanted More Evidence of Who Was Behind Particular Accounts Using Tor
It's complicated
Criminals Don't Obey Laws, California Does Not Enhance Online Safety
It has been a while since we last mentioned so-called 'age-verification' laws
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 29, 2026
IRC logs for Saturday, August 29, 2026
Links 29/08/2026: Stop the Hate, Goldfish Myths, and xmpp.nz
Links for the day
Links 29/08/2026: Wave of Social Control Media Bans, Suno Data Breach Class Actions
Links for the day
Links 29/08/2026: Microsoft GitHub Outage (Again), "Displaying Ads Directly on Your Monitor", and "Election Deniers Could Soon Control Elections"
Links for the day
IBM is "Taking the PIP" (Piss), People 'Retire' 'Voluntarily' to "Focus on Family"
IBM has a billion bucks for 'the butcher', but not a million dollars for critical projects and initiatives in Free software
It Should be Uncontroversial to Say That Social Control Media is a Weapon
Democracy is not compatible with the likes of Kapo-Berg and MElon controlling public discourse of billions
Misuse of Bots (Now Sold as "Agents", "Hey Hi", "Automation", and "Efficiency")
They even try to rebrand robotics as "hey hi" and try to sell slop as "work"
Debian: Plagiarism OK, Just be "Responsible" About It
The result isn't the worst, but it's not good either
Don't Let Them Kill Activism
Are the oligarchs shutting the lid on activism and whistleblowers?
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