Bonum Certa Men Certa

Patent Lawyers' Fantasy Land Where Software Patents Are Suddenly Resurrected Even When They're Not

Ignoring the facts and insulting Supreme Court Justices instead

Bilski Blog chart
Credit: Bilski Blog chart



Summary: A quick glance at where the debate over software patents in the United States stands and how profiteers (such as patent lawyers) not only mislead the public but also bully the messengers

THE situation in the United States gives much hope for those looking to abolish software patents. The USPTO begrudgingly adopts Alice and makes it harder to attain software patents, irrespective of what the court (or PTAB) says about them. But make no mistake, the proponents of software patents fight hard to change this, using lobbying (misleading the decision makers), propaganda (misleading the public), and false marketing (bamboozling clients with false hopes).



Curiously enough, recently we learned that software patents and their injustice gave birth to the original Pirate Party (in Sweden). To quote Benjamin Henrion, "Pirate Party founder Falkvinge mentions software patents fight in 2005/2006 as one of the reason for starting" (that was around the time of the famous directive on software patents in Europe, after Falkvinge had worked for Microsoft and Microsoft had lobbied hard for software patents in Europe -- a subject that Florian Müller wrote an entire book about).

"But make no mistake, the proponents of software patents fight hard to change this, using lobbying (misleading the decision makers), propaganda (misleading the public), and false marketing (bamboozling clients with false hopes)."To this date, proponents of software patents, notably large corporations and their patent lawyers, work hard to promote and cement a broken system. "A New Hope For Software Patents?" is the title of this new analysis, reusing even words after more than a month with many dozens of so-called 'analyses' (marketing for one's services around software patents). Gordon & Rees LLP has just published "Is the Enfish Case “A New Hope” For Software Patents?"

Notice the question mark. They know the answer, but they create uncertainty in the hope of attracting customers. Isn't it time to say "enough with this propaganda," as not much has changed since the decision except the flood of pro-software patents 'analyses' from patent lawyers? We wrote many detailed articles to highlight this wave of misinformation.

"To this date, proponents of software patents, notably large corporations and their patent lawyers, work hard to promote and cement a broken system.""Enfish for Alice: a software win", says another so-called 'analysis' [via Bastian Best], as if patent trolls winning is “a software win”...

"Good news for software patents," says the author. "The negative impact of the 2014 SCOTUS (Supreme Court of the US) “Alice” decision (invalidating some business method and financial software patents) has been somewhat mitigated by the recent “Enfish” court decision."

No, not really. Barely. Nothing at all or not much has changed more than a month afterwards. In fact, how many other cases have been ruled in favour of software patents since? Anyone can count those on one hand if not zero hands. According to some number-crunching work from Bilski Blog (very informative blog by the way) and those who comment on it, "The Supreme Court Did Not Consider Alice v CLS Bank to Be a Software Patent Killer But the Dist. Cts and PTAB Do" (not CAFC).

"It's increasingly amusing to see how patent lawyers squirm over Alice, simply not accepting that software patents should never have been possible in the first place."That's rather misleading an interpretation regarding the above as SCOTUS (the Supreme Court) did not express an opinion on software patents explicitly, so overall it's a rather misguided/misleading claim to make. What the cited analysis shows is that the vast majority of patent cases involving software are unfavourable to software patents, much to the panic and horror of people like Patent WatchTroll (Gene), who is now trying to reach new lows, probably in grave frustration. Watch his latest effort to shame the Justices into approving software patents. "It is truly ironic," he said, "even downright funny, how the Supreme Court can so clearly see that the Federal Circuit is not being true to the simple, easy to understand, straightforward terms of a statute but at the same time lack the capacity to similarly see that they are themselves doing the very same thing. If intellectual honesty means anything the Supreme Court would hold themselves to the same standard and stop applying judicial exceptions to patent eligibility that enjoy no textual support in the statute. I’m not going to hold my breath."

Gene, being the software patents cheerleader he has always been (for his own profit), is mocking the intelligence of people who don't agree with him (Gene already blocked me in Twitter, having lost the argument, perhaps fearing further debating), even when they're Justices at the Supreme Court! It's increasingly amusing to see how patent lawyers squirm over Alice, simply not accepting that software patents should never have been possible in the first place. Our next post will show some more pearls of 'wisdom' from Gene...

Recent Techrights' Posts

IBM May be Sued for Mass Layoffs Via PIPs
Some whole threads (with all the long comments in them) recently got nuked by thelayoff.com
GNU/Linux is a Platform for Work (Usage Surges in Daytime)
GNU/Linux 15% in daytime
What I Learned in London
some ministers still help us in our fight for press freedom in the UK
 
A Vortex of Beacons (or "Bluetooth Everywhere" Vision)
If someone (or someones) calls you paranoid for taking about "beacon"-like functionality, there will be no lack of authoritative citations (e.g. Web links) they can be provided to prove them wrong
Falkland Islands: GNU/Linux Elevated to 6%
GNU/Linux usage seems to have increased a lot there
Links 16/08/2026: Reading Outside, Going Offline More, and Art of Computer Programming
Links for the day
The Question of Patience
Is there a lesson here somewhere?
Links 16/08/2026: Ceuta Reports Social Control Media Used as a Weapon
Links for the day
Links 16/08/2026: Europe in Crisis of Droughts While Energy- and Water-Consuming, Pollution-Emitting Chatbots Are Spread by GAFAM (US) to Keep a Ponzi Scheme Going
Links for the day
We Need Rain, Not Chatbots
There's no "anti-AI" (it's not even AI), there's opposition to fraud, to plagiarism, and to companies that profit more when there's global warning (caused in part by their business activities)
SLAPP Censorship - Part 151 Out of 200: Dealing With Sleazy People and Companies That Steal (While Employing These Sleazy People)
we offer a quick summary and we're reflecting
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 15, 2026
IRC logs for Saturday, August 15, 2026
Gemini Links 16/08/2026: Sterrenkijker Releases, Solar Gemini Server
Links for the day
At IBM, Workers 'Expire' Early ("Next Step" is 'Voluntary' Layoffs Decades Before Retirement Age)
It seems like the "new normal" is layoffs not existing or barely existing because companies hide them
EPO "Cocaine Communication Manager" - Part XVI - The German State Does Not Enforce the Law Against European Patent Office Officials
It's not acceptable that Europe's second-largest institution can get away with crime time and time again
Germany's National Broadcaster (DW English) to Air Julian Assange Film This Coming Week
It seems rather sad that we live in a world where rich thugs can get away with so many horrible things
WordPress is Bloatware and Bloated Software Guarantees Security Incidents
This site turns 20 in about 11 or 12 weeks from now and it was never cracked, not even when it ran WordPress
Too Many Chiefs (or Chefs) at IBM, They Don't Know How to Run a Company (With a 100+ Year or Century-Old Brand Recognition Advantage)
It seems like a consensus opinion; some line managers or middle managers are too selfish or self-deceiving
Bluetooth and Wi-Fi on Gym Equipment Can Endanger Several Parties
Joy oh joy! Give us more "smart" things
Microsoft Silent Layoffs This Month (PIPs and More "Buyouts", Driving Out the Workforce), According to Insiders
They know it's happening because they see it and fellow workers talk about it, even if the media keeps mum
Clacton's Election Was a 'Show Election'
At least some people squeezed out some "free press" out of this charade [...] That the media kept boosting parodies as the alternative/s to the bigot is a topic we wrote about a great deal over the past 3 weeks
Omarchy is Already Dying
Same as the life cycle of slopfarms
Windows is Burning
Windows is the "burning platform" of the year
Gemini Links 15/08/2026: Stress, Jetlag, and GPU Hype (Waste of Energy for Amusement, Fake 'Currencies', and Now for Mass Plagiarism)
Links for the day
Links 15/08/2026: XBox Rotting Further, "France’s Top Court Strikes Down Ban on Social Media for Children"
Links for the day
SLAPP Censorship - Part 150 Out of 200: Always Independently Verify What People Claim to Be (or Find Yourself in a Jason Arday-Type Moment/Dilemma)
I'm not a cardiologist and Garrett was never a security expert
Links 15/08/2026: "There Is No A.I." (Slop Plagiarism Isn't Intelligence) and Its "Impact on the Environment Is Absolutely Horrifying"
Links for the day
Gemini Links 15/08/2026: Gratitudes, "Microflier" Drones, and Literate Programming
Links for the day
IBM's PIPs and RAs (Layoffs) Going on, Interns as 'Scabs'
It seems like a consensus (also in Reddit, we took a quick look)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 14, 2026
IRC logs for Friday, August 14, 2026
Gemini Links 14/08/2026: Slower Internet, Logging Off Made Easy, and Human Code
Links for the day
Links 14/08/2026: "Mystery of Dark Oxygen", People Despise Slop, and Backlash Grows Against Fake Currencies (Energy-Wasting Scam Like Slop)
Links for the day
Free Publicity
They say there's no such thing as "bad press" or that every publicity is good publicity, sometimes free publicity
Farage's fears, media hijacked by-election, what really happened in Clacton
Reprinted with permission from Daniel Pocock
It's Friday. A Ton of People Departing From IBM and Red Hat.
A mere subset of people who announce this in public at Microsoft's LinkedIn
GNU/Linux and ChromeOS Beyond 11%
Combined with ChromeOS, it's already past and beyond 11%
Chatbots/LLMs Are the Next "Clown Computing", Pure Hype, a Serious Mistake
Programs that scan text and emit something similar (but full of errors)
Links 14/08/2026: Slop 'Music' Causing Problems, Slop Data Centre Contractor Unpaid (Massive Debt), and The Cyber Show Says We're "Colonised By Wankers"
Links for the day
Fake Growth of Social Control Media is Misleading
nowadays people look for alternatives - ones not controlled by MElon, CPC, and Kapo-Berg
statCounter: Windows Down to All-Time Low of 25%, Android Leads the Pack, GNU/Linux About to Leapfrog Apple, Overtaking MacOS
The situation was very different in past years
Microsoft's Mass Layoffs (Including 'Voluntary' Secret Layoffs) Take Their Toll on Seattle
How much longer can they hide their crises?
Planet Fedora ("Fedora People") is Just IBM Staff, Former IBM Staff, and LLM Slop
this is what Fedora boils down to now
Explanation of What Will Happen to Red Hat (and Other Acquired Companies) After August
In short, a lot will be scuttled; history shows it happens over and over again
SLAPP Censorship - Part 149 Out of 200: It Took a Long Time to Show What Jason Arday (at Cambridge) and Harvey Weinstein (in Hollywood) Really Were
Really bad when society endures abuse because the abusers silence their exposers
Gemini Links 14/08/2026: 32-bit RISC-V and BlackBerry
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 13, 2026
IRC logs for Thursday, August 13, 2026