Bonum Certa Men Certa

Internal USPTO Documents Reveal a Battle and Protest Over Software Patenting

Macropoint patent



Macropoint patent



Summary: The US patent office is taking Section 101 seriously enough to reconsider patent applications that it granted or was about to grant, in spite of the temptation to just grant almost anything so as to increase so-called 'production' or 'products' (the Battistelli way)

THE images above were extracted from a couple of tweets [1, 2] posted a few days ago to speak of an "Interesting [Section] 101 "protest" lodged v #patent in pending case: http://www.prnewswire.com/news-releases/macropoints-latest-patent-related-to-five-patents-already-invalidated-by-fourkites-in-federal-court-300321922.html … check PAIR -Examiner allowed! Here is part of PTO protest document that was unsuccessful in preventing Macropoint patent from issuing..."



"A coordinated retreat of computing to the dark ages of protectionism and requests for permission to code (or buying "computer time" from mainframe giants) have no room in a society that strives to innovate and develop."Irrespective of the outcome, this glimpse from the inside is helpful and quite informative. We are generally supportive of the USPTO's apparent attempt to improve patent quality*, particularly by denying abstract patents on software -- like those widely used by patent trolls who prey on small companies. We wouldn't quite know (one can only estimate) how many small firms settle in secret (under NDAs) with patent trolls. No public cases and no word of mouth exist, leaving us dependent on rumours and rare blog posts, unless it's a large company that takes the dispute/s into a courtroom.

If the so-called 'Empire of Corporations' insists that software should be patentable and their patent lawyers say the same (because they're paid for it) we should simply ignore them. A coordinated retreat of computing to the dark ages of protectionism and requests for permission to code (or buying "computer time" from mainframe giants) have no room in a society that strives to innovate and develop. _____ * When the Office allowed in principle and also actually granted software patents on any conceivable thing expensive litigation (better to settle) became so common and protests against the Office became loud, even inside Congress and GAO.

Recent Techrights' Posts

Banning Things Versus Teaching People the Reason/s to Shun/Boycott Those Things
Prohibition has its limits
 
Clownflare Says Majority of Web Traffic is Now Bots, But the Net is Another Story
Bots are to Clownflare what lawsuits are to lawyers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, June 07, 2026
IRC logs for Sunday, June 07, 2026
The Strikes at the European Patent Office Planned to Carry on for the Entire Year, Maybe Future Years as Well
There's a cautionary tale somewhere
Number of Patent Grants Has Plunged 23% Amid Strikes at the European Patent Office, Today There Are More Strikes (Strike Participation at Over 3,000, More Than Doubled Since Winter)
There is a growing crisis at the European Patent Office
E.E.E. Still Ongoing, the War on Copyleft/GPL Enables That
It also imperils security.
Gemini Links 07/06/2026: Lynx in the 'Modern' Web and 'Overcooked' (Plagiarised by LLM) Code
Links for the day
Links 07/06/2026: Java Needs Seawall, Egypt Blasted for Arbitrary Detention of Activists
Links for the day
SLAPP Censorship - Part 100 Out of 200: Interlude and Outline of the First Half, 3+ Months That Got Us Death Threats Connected to Brett Wilson LLP (and Cyber Attacks That Are Difficult to Attribute)
This week we plan to have a good time
Links 07/06/2026: NASA's Mars Maven Declared Dead, Telegram Founder Pavel Durov Bemoans Russia's Crackdown
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, June 06, 2026
IRC logs for Saturday, June 06, 2026
Gemini Links 07/06/2026: How to Train Your Dragon (2010) and "Six Days of Play"
Links for the day
Links 06/06/2026: 'Epstein Problem' in Board of Directors of Microsoft, Surveillance Giant Google Under Legal Threats for Online Misuses
Links for the day
Software Freedom Takes a Lot More Than Coding
some of the roles in the Free software community that don't receive (m)any grateful words
Ubuntu is Losing to Other GNU/Linux Distros
"Linux Mint"
Old Articles Explaining That Patents - Especially Software Patents - Are Bad for Innovation
We've omitted more than 50% of the articles we had gathered as candidates for inclusion
European Patent Office (EPO) Crisis: Huge EPO Strikes, Profound Corruption, and Cocaine Use by Managers Tolerated
These strikes won't be ending any time soon
Why GNU and FSF Will Choose AV1 Over AV2 (It's More Widely Supported)
for the foreseeable future they'll stick with AV1
Mass Layoffs (RAs) and PIPs (Excuses to Sack) at IBM: Insiders Tell No Relation to Actual Performance
If many thousands are impacted by this, then certainly it is newsworthy
Links 06/06/2026: LinkedIn Infested With Spies, Ethernet WiFi Router On Pi Pico 2W
Links for the day
25 Years With PalmOS
That my Palm PDA still works in 2026 (not in mint condition but close to that) says a lot about the "build quality" of gadgets 20+ years ago
Why We Dumped Online Shopping (Groceries)
subsidies kept the "online" stuff artificially cheap
Microsoft Fell to All-Time Low in Monaco Last Month
So says statCounter anyway
Lawsuits That Don't Work
Not as expected anyway
SLAPP Censorship - Part 99 Out of 200: Graveley and Garrett Seem to Have Crashed Brett Wilson LLP (Worse Than Taking Russian Oligarchs as SLAPP Clients)
a state of disarray
Microsoft Has Spent Months Preparing Lists of People to Cull in Massive Wave of Layoffs (Allegedly Start of July)
There is some consensus that we're weeks away from mega-layoffs at Microsoft
Gemini Links 06/06/2026: "Competing" With LLMs and "Automation of Any Kind"
Links for the day
Links 06/06/2026: 'Linux' Foundation Openwashing Slop on Microsoft's Payroll, Ukraine Wants Permanent Ceasefire With Russia
Links for the day
50% of the 'Gains' Made by "Quantum" Hype Already Evaporated
"It was all hype about quantum nonsense. Heading back to reality now. Expect sub-$220 after earnings release next month."
Heap of Trash Online, Not Just the Fault of LLM Slop But Enabled by Slop
Google News has just promoted a pair of prolific slopfarms
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, June 05, 2026
IRC logs for Friday, June 05, 2026