Bonum Certa Men Certa

Mark Summerfield: “US Supreme Court Decision in Alice Looks to Have Eliminated About 75% of New Business Method Patents.”

Stuff one can do with pen and paper is not an invention but a mental process

Business

Summary: Some of the patent microcosm, or those who profit from the bureaucracy associated with patents, responds to claims made by Techrights (that software patents are a dying breed in the US)

TECHRIGHTS is not a site that patent law firms like. We are fine with that, as we never intended to be pals of those who promote patent maximalism, or those whom some dubbed the “patent microcosm” (because patents are their only ‘products’).

Yesterday we noticed that a patent lawyer had gotten sanctioned for misbehaving again (recall Andrew Y. Schroeder), based on this new (rather short) blog post from Patently-O:

From what I can tell, the lawyer was sanctioned by the district court because he settled a case, but then consistently asserted that he hadn’t; he was sanctioned on appeal for making some unsupported arguments and falsely attacking opposing counsel, it seems.

Longtime readers of ours know that we don’t have much trust and faith in the patent profession — by which we mean people who make a living purely out of patents rather than research and/or development. We don’t mean examiners (those who attempt to ensure patent quality) but those who try to convince examiners to grant every applications that they send on behalf of clients. The financial motivation of patent law firms is very much like that of companies that sell weapons and thus prefer wars or at least tension (which motivates purchases of weapons, in the name of perceived “defense”).

Mark Summerfield, writing in his blog today (in Australia where time is many hours ahead), does not agree with us (as usual) that software patents as a whole are dead and instead says that “computer-implemented business methods, including ecommerce and finance applications” — however one defines them — are in somewhat of a limbo/trouble. We mentioned this before. To quote from his conclusions:

The data presented above demonstrates that in established fields of software technology, covered by associated Art Units in USPTO Technology Center 2100, neither US court decisions nor changes in management have resulted in any identifiable deviation in US patent grant rates, despite the consistent gleeful claims of opponents that ‘software patents are dead’.

Software patents are not dead. They are here, they have been here for many years, and they are here to stay.

Computer-implemented business methods, including ecommerce and finance applications, on the other hand, are a different matter. The data clearly shows that the USPTO under Kappos was more friendly to this subject matter than under his predecessor, although the CAFC decision in Bilski appears to have forced applicants to claim machine-implementation more explicitly. However, the US Supreme Court decision in Alice looks to have eliminated about 75% of new business method patents. This implies that a similar proportion of such patents issued at least since the start of the Kappos era are invalid, which accords with the impact we have seen at the CAFC since Alice.

Whether or not patents on software get granted does not matter as much as whether or not courts deem them eligible. As we have shown here time after time the higher a case goes (up the ladder all the way up to SCOTUS), the less likely to withstand the patent/s at the centre of the case will be. We stand by our assertion that patents on software are a waste of time and money, even if the USPTO continues to grant a lot of them. Certainty around software patents is very low in the United States and it takes courages to even have them tested in a court (no out-of-court settlement or shakedown).

Recent Techrights' Posts

GNOME Foundation is in Reliable Hands (Executive Director)
Growing some good in one's garden
'Confidential Computing'? More Like a Giant Back Door.
CacheWarp AMD CPU Attack Grants Root Access in Linux VMs
 
Links 03/12/2023: New 'Hey Hi' (AI) Vapouware and Palantir/NHS Collusion to Spy on Patients Comes Under Legal Challenge
Links for the day
IRC Proceedings: Saturday, December 02, 2023
IRC logs for Saturday, December 02, 2023
Links 03/12/2023: CRISPR as Patented Minefield, Lots of Greenwashing Abound
Links for the day
Over at Tux Machines...
GNU/Linux news
Professor Eben Moglen: In 1991 Richard Stallman Thought GNU/Linux Was Doomed Due to Software Patents
Back when Linus Torvalds was about to release Linux Prof. Moglen and Dr. Stallman had already spent years developing GNU and refining its licence, the GPL, which Linux would later adopt
Montana’s TikTok Ban Was to Protect Free Speech and the United States' First Amendment
TikTok does not embrace Free speech
GNU/Linux Surges to Almost 4% Worldwide on Desktops/Laptops, 2% in Latest Steam Survey (Ubuntu Not the Top Distro)
We've fortunately bet on a winning platform
Links 02/12/2023: ChatGPT Drowns in Bad Press, Censorship Worldwide Increases Some More
Links for the day
Cybercrimes and Online Abuse From Extremists and Militants on a VPN/Tor
A straitjacket or lobotomy won't solve this issue
Links 02/12/2023: Pfizer Sued for Lies About Efficacy, Censorship of Scientific Dissent, More Pfizer Layoffs
Links for the day
Selling Free Software
by Richard Stallman
[Meme] Screenshots of Web Pages (Relevant to One's Article) Are Not Copyright Infringing Anywhere in the World
bullying and hate crimes
IRC Proceedings: Friday, December 01, 2023
IRC logs for Friday, December 01, 2023
A Year of Doing Techrights 'Full Time'
been a year!
Microsoft and Its Boosters Worsen Linux Security
The circus goes on and on
Links 01/12/2023: Facebook Infested With Malicious Campaigns by Imposters, ACLU Gives Advice on Doxxing and Online Harassment
Links for the day
Just Like Its Budget Allocation, the Linux Foundation Devotes About 3% Of Its Latest Newsletter to Linux, Devotes More to Linux's Rivals
It's just exploiting the brand
Links 01/12/2023: Google Invokes Antitrust Against Microsoft
Links for the day
Over at Tux Machines...
GNU/Linux news
UK Government Allowing Microsoft to Take Over Activision Blizzard Will Destroy Jobs
Over 30,000 fired this year? More?
It's Cheaper to Pay Bribes (and Produce Press Releases) Than to Pay Fines (After Lots of Negative Publicity)
Does the UK still have real sovereignty or do corporations from overseas purchase decisions and outcomes?
November 2023 Over With GNU/Linux at All-Time Highs According to statCounter
ChromeOS+GNU/Linux combined are about 7% of the "market"
New Report Provides Numerical Evidence That Google Hired Too Many People From Microsoft (and Became Malicious, Evil, Sociopathic)
"Some 12,018 former Microsoft employees currently work for the search and data giant"
Google: Keep Out, Don't Save Your Files, and Also Let Us Spy on Everything You Do
Do you still trust "clown" storage?
IRC Proceedings: Thursday, November 30, 2023
IRC logs for Thursday, November 30, 2023
Links 01/12/2023: Many Suppressions in Hong Kong and Attempts to Legitimise Illegal and Unconstitutional Fake Patent 'Court' in EU (UPC)
Links for the day