Bonum Certa Men Certa

Correcting Bias in Patent Law Firms' Articles About Software Patents, Advice to Small Businesses, and Letting Machines Generate Patents

Those who profit from war aspire to see more of it (the more, the merrier) and the same goes for patenting

War is a racket
Reference: War Is A Racket



Summary: Patent profiteers continue to mislead the public, even small and cash-strapped businesses, about patents, in an effort to get more and more patents out there, yielding wars (litigation), saturation of weapons (too many patents to keep track of without some dedicated attorneys), and a generally terrible system which rewards aggressors, not innovators that are genuinely productive (construction as opposed to destruction of perceived rivals)

This morning we spotted a very misleading headline, courtesy of Luciano Ricondo from Ladas & Parry LLP. Software patents are not patent-eligible anymore (or hardly so, even if the USPTO accepts them before they reach a high enough court that tosses them out), but this article is just the typical listing of very exceptional cases where CAFC somehow accepted a software patent or two (an appeal can still have these invalidated). Why are we still seeing such articles? Just look who the authors are, they try to sell their services.



A corporate partner at Kemp Little currently sells snake oil, including patents, to cash-limited SMEs that ought to focus on producing and selling products, not reading and producing paperwork. Andy Moseby called this "legal advice for small businesses", but it seems more like shameless self-promotion that would have small businesses pay a lot of money for lawyers (to receive bad advice that then necessitates more of these lawyers).

"In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway)."Secrecy rather than patents may work better sometimes and considering the breadth of patents out there, it's more likely that a small company will get sued (or extorted by a patent troll) than be in a position to sue some other company using a patent or two. It's just expensive and risky. In fact, this new article from Asterion Inc (US) stresses "the advantages of trade secret litigation," highlighting it as a better option than patent litigation. In reality, especially when it comes to code (software), copyrights provide sufficient protection and there is virtually no need for software patents (these are harder to get and a lot harder actually enforce anyway).

The discussion about software patents in New Zealand, a common ground for lobbyists of firms like IBM and Microsoft, seems to be back with this report about "[p]ossible changes to NZ divisional patent practice". We haven't quite heard of it elsewhere, but thankfully, as far as are aware, the country has no software patents or a trolls epidemic -- something which there's a growing number of instances of in Europe (thanks, EPO!) and fewer in the US, owing to much-needed changes at the USPTO.

"The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation."A subject which we mentioned not too long ago was the use of machines not only to examine patents but also generate and file patents. A bunch of computers generating patents to be examined by other computers would result in billions of crappy patents that only computers can process (and make no sense of anyway). A Web site called Futurism has just published an article about that ("When an AI Invents Something, It Should be Credited as the Inventor"). Well, patents are a dime a dozen now (low quality), with about 10 million of them in the US alone, so machines are already needed to deal with the chaos/maze, based on this new article from Innography Inc (US). We need stop patent maximalism because it renders the whole patent system too chaotic for people to keep abreast of (even just in their own field/domain) and it leads to a lot of litigation, patent thickets, etc. Maybe one day there will be a proportion of patents that is computer-generated and people won't be able to distinguish these from 'real' patents crafted by actual humans. Then, other issues may crop up, for instance the existence (or inexistence) of an actual investor. Today there's this new article which says: "Normally, if Client A and Lawyer A have a confidential communication, disclosure of it to a third party waives any privilege. However, if Client A and the third party have a “common interest,” there is no waiver. So, for example, if a licensor communicates with patent prosecution counsel for the licensee about prosecution of a foreign counterpart of the licensed patent, there might be a privilege."

A system wherein there's just a bunch of machines talking to one another would completely distort the very notion of innovation. What would be the point of such a system?

The bottom line is, the patent system should restrict patent grants to few ideas that are actually novel and ground-breaking, not become enslaved by the mirage of quantity of patents as surrogate/function of innovation. Only a clueless, antiscientific, deranged individual like Battistelli would make quantity rather than quality the primary goal, while at the same time pondering (allegedly) replacing examiners with machines or giving up examination altogether (so any machine can automatically generate as many patents as it's capable, even if it's all gobbledygook).

Recent Techrights' Posts

Richard Stallman's Talk at Georgia Tech is Just 2 Days Away
We're still curious to see how malicious people (or trolls) in social control media will try to slant his talk as "bad"
The "Alicante Mafia" - Part VII - The Industrial Actions Began Yesterday, Here's Why
The "Alicante Mafia" might not last much longer
openai.com Traffic Said to Have Fallen 50% in the Past Three Months, Reports Say It Nearly Ran Out of Money to Borrow
After the slop frenzy all we'll have left is environmental destruction
 
Links 21/01/2026: "Snap Settles Lawsuit on Social Media Addiction" and Attempts in the US to Revive Software Patents
Links for the day
Links 21/01/2026: Microsoft 'Open' 'Hey Hi' in More Trouble, US Has "Brown Shirts" Problem
Links for the day
Yesterday Afternoon The Register MS Published Paid Microsoft SPAM Disguised as an Article About "AI PCs"
The Register MS cannot help itself, can it? [...] Follow the money.
Microsoft's XBox is in Effect Dead Already, Now It's a Streaming and Advertising Platform
Expect many layoffs soon
EPO's Web Site Misused for Propaganda About Illegal Kangaroo Courts to Distract From EPO Scandals and Judicial Crisis in Europe
UPC is illegal and unconstitutional
Gemini Links 21/01/2026: Edible Circuits and "Sayonara HTTP"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, January 20, 2026
IRC logs for Tuesday, January 20, 2026
IBM Hides Its Own Destruction (and Red Hat's)
It's like scenes out of '1984', which is what a now-famous advertisement from Apple compared IBM to
LLM Slop Not Dead Yet, Examples of Slop About "Linux"
We wish to see the totals down to zero
Links 20/01/2026: Cheeto Blackmails France Into 'Peace' While Looking to Annex EU, Mass Layoffs in Capgemini (Microsoft Reseller/Promoter) in France
Links for the day
Gemini Links 20/01/2026: Boxing and "Inbox Zero" Success
Links for the day
Windows and Slop Declining While Microsoft Silences Critics
Microsoft tries to suppress facts while faking 'demand' by imposing slop on everybody, everywhere
IBM Kills OzLabs, Signalling An Attack on Free Software (a Sign for Red Hat)
ibiblio also appears to have died (or experiences critical issues)
Red Hat Vice President Leaving After Nearly Two Decades
IBM's culture of secrecy is not compatible with Free software
Links 20/01/2026: "ChatGPT Health" (Latest Distraction From Being Insolvent) Flops and Raises Concerns, "The U.S. Military Faces a Reckoning on Greenland"
Links for the day
Rudeness and Vulgarity Won't Stop Journalism About Free Software
we seem to be on the right path
Readers Pleased With Layout Changes
Two days ago we began improving clarity and accessibility in the site
IBM Plans for Layoffs Becoming Clearer With "Employee Reviews"
Of course this impacts Red Hat as well
IBM is Outsourcing Red Hat's Fedora to Slop to 'Save Money'
If IBM cared about quality rather than alleged "cost savings" (cutting corners), it would assign more IBM staff to Fedora, but instead the exact opposite happened, with the likes of Cotton and Miller removed from the project
European Patent Office (EPO) Industrial Actions Formally Start in Two Hours
As per the latest (revised) action plan, today workers will slow down their work and limit patent grants
Microsoft Under Fresh Investigation by the Italian Competition Authority
In 2025 we kept a running tally of 30,000+ Microsoft layoffs, so 40k this year would not be unthinkable
The "Alicante Mafia" - Part VI - More Strikes Planned at the EPO, Starting This Month
Yesterday we said that friends of Berenguer or inside Berenguer's circle may have left
Gemini Links 20/01/2026: New Tea, Using a Roku at a Hotel, and "Voltage-Based Power Management for Any Raspberry Pi"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, January 19, 2026
IRC logs for Monday, January 19, 2026
If You Don't Want "Linux" to Become "Windows", Then Follow GNU
GAFAM isn't a friend of Linux; it's only a user in the same sense clients are "users" of a brothel
Links 19/01/2026: National Broadcasters on World or Local Affairs Up to a Week Ago
Links for the day
Gemini Links 19/01/2026: Game Boy and "The Lounge" (IRC) for the Elderly
Links for the day
Slopfarms in Google News (at Least Three Today) With Fake 'Articles' About "Linux"
Google itself is trying to promote its own slop ("Overview") at the expense of original and credible sources
Links 19/01/2026: ChatGPT’s Defects and The Guardian on Why So-called "AI Companies Will Fail"
Links for the day
This is What the Slop Bubble Popping Can Look Like
Maybe not an overnight collapse, but getting there gradually
IBM Quiet About Its Plan for Red Hat Amid Accelerated Bluewashing
Something is going on at Red Hat
The "Alicante Mafia" - Part V - It Seems Like Some People Are Already Leaving "The Mafia"
they have a rough idea of what's coming
Microsoft Means War, Microsoft is on the Side of ICE
Microsoft, people-ready
More Confirmatory Rumours Regarding "Massive" Red Hat Layoffs
Ecosystem and sales said to be targeted
Proprietary UNIX is What We'll Have If IBM Red Hat Gets Its Way
IBM Red Hat wants to control everything, even if that means killing everybody
Free Software in Times of Peace (and Times of War, Too)
GAFAM and IBM are war companies
Founder of GNU/Linux (RMS) Speaks in US University (College) This Week
The auditorium has very high capacity and this is his "college comeback" talk in the United States
Office Meetings Are Most Useful to the Least Productive Workers
In my "office life" days I really didn't like meetings
LinuxSecurity and Linuxiac Are Still Slopfarms, Even Anthony Pell Does It
We suppose waiting another month or another year won't change a thing
Claim That the Board of Directors at IBM Isn't Happy With How the Company is Run
IBM tries to project an image of strength to the whole world, especially to its clients
Links 18/01/2026: Legal Trouble for xAI, Climate Concerns, Data Breaches and More
Links for the day
'Vibe Coding', Chatbots, and Other Bots (e.g. "Agents" Disguised as "Superintelligence") Aren't Saving You Time
False marketing, FOMO marketing tactics
Gemini Links 19/01/2026: Analog Cameras and Plucker in 2026, US Losing Acceptability in Europe
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, January 18, 2026
IRC logs for Sunday, January 18, 2026