Bonum Certa Men Certa

In an Age of Necessary Patent Reform and Permanent Uncertainty for Software Patents the Patent Microcosm Looks for Workarounds and Spin

Source: "Patent Office head to keep spot in Trump administration" (report from yesterday)

Michelle Lee on software patents and trolls



Summary: Commentary on the status quo in the Michelle Lee era and some examples of bias from the patent microcosm, as well as news regarding the NFL getting sued by the Kudelski Group

THE PAST couple of years have been very encouraging for patent reformers. Reformist transitions are occurring (except in the EPO and SIPO) which limit patent scope in lieu with public interest and those who make a living purely out of patents aren't liking any of it. It has gotten so bad that they now insult the USPTO's Director, insult examiners, and even insult judges. What next? Will racist attack too become prevalent?



"Nothing seems to be going in favour of the patent microcosm these days, especially not high-profile cases."National Law Review, a large publication which covers patents among many other things, has this new list of "Intellectual Property Cases to Watch in 2017". Nothing in the list challenges Alice itself (a de facto ban on many is not most software patents) and number 2 in the list can be the end to most patent trolls. 2017 should be interesting, we believe, unless Trump makes a mess of it with SCOTUS nominations/appointments which go beyond filling Scalia's empty seat (swapping one Republican bigot with another).

Watchtroll, still trying to recover from the 'horrible' news which is more of the same (patent reform), now complains about €§ 101 (related to Alice) broadening its scope to challenge yet more patents. Nothing seems to be going in favour of the patent microcosm these days, especially not high-profile cases. They know it and they desperately cherry-pick cases to make it look as though they are gaining ground.

"We hope that Director Lee will add some more judges to the PTAB."Computer vision is my professional field of research. I used to write a lot more about patents in this area and why they oughtn't be granted (it's all reducible to mathematics and can be conceptualised with pen and paper). Vision patents are generally patents that oughtn't be granted, yet the USPTO has just let another one slip in. Someone should petition PTAB for an IPR (inter partes review), but PTAB is already overworked and arguably understaffed. We hope that Director Lee will add some more judges to the PTAB. This would help improve the image and value of US patents.

Writing about SCOTUS, Minter Ellison, a law firm, recalls the Alice moment, not mesmorising but mourning. "Approximately two years ago," it says, "the US Supreme court in the Alice decision considered the in principle patentability of software patents. Since then, gaining US software patents has been very difficult. In 2016, the United States Court of Appeals for the Federal Circuit (the ‘Court’) has considered numerous appeals from district courts relating to patentable subject matter. This blog post discusses the two-step test from the Alice decision and how the test was applied by the Court in 2016, the developing trends for patentable subject matter in the US as it relates to software patents and the take-away messages for 2017."

As can be expected from a firm that profits from software patenting, tips are offered therein for dodging or side-stepping the rules, thus sneaking software patents past examiners (until or unless courts/PTAB throw these way). Here is a similar new guide for getting business method patents past examiners, based on the latest eligibility guidelines:

About a week before the holidays, the U.S. Patent and Trademark Office quietly published a trio of new subject matter eligibility examples directed to the abstract idea exception to patentability. These are the latest in a series of examples provided by the USPTO to its examining corps, the series including previous examples published in December 2014, January 2015, and July 2015 (other USPTO publications include example claims directed to the law of nature and natural phenomenon exceptions). While the focus of this guidance is to educate examiners about how to determine whether pending claims are valid under 35 U.S.C. €§ 101, practitioners and patentees will find the examples to be helpful when considering how to draft and amend claims.


A lawyers' portal, one which is even more overt, does very little to hide its bias as it gives tips for promoting and defending software patents in an age when they're dying. "There are key concepts," it says, "but no bright line rules on software patents. The best approach is to follow the common law, comparing and contrasting prior patent cases."

The problem is, they're typically cherry-picking only the cases which suit their agenda. It leads to bad advice, e.g. to clients or to readers of their so-called 'analyses'. Trying to improve one's chance of success is not in itself a problem; that's what lawyers do. Some new advice like "importance of a prior art search" is better because it's not about misleading examiners (or judges) but about ensuring one's idea is really innovative and thus eligible.

"Software patents are a pain in the behind to a lot of producing (or productive) companies out there."Sadly, not only patent law firms encourage the 'tricking' of examiners. IBM is doing that too (the former Director of the USPTO in fact came from IBM and is still being paid by IBM) and the corporate media fails to critically assess IBM's aggressive behaviour, to the point where even weeks later IBM is celebrated as some kind of champion, simply because it paints software patents as "cloud" (buzzword) or AI (an older buzzword).

Software patents are a pain in the behind to a lot of producing (or productive) companies out there. IBM now attacks a lot of legitimate companies, including medium-sized ones. According to the latest news, even the NFL has found itself sued by such patents (plenty of press coverage this week, e.g. [1, 2, 3, 4, 5, 6, 7, 8]). Lawsuits are a symptom of disagreement over patents. They are far from the ideal outcome and they are desirable to nobody except patent lawyers.

Recent Techrights' Posts

Gnome Foundation Inc is in Trouble
the agenda is set GAFAM and IBM rather than donors
SLAPP Censorship - Part 22 Out of 200: When You Complain People Impersonate You in IRC (But You Yourself Impersonate People in IRC and Lock Them Out of Their IRC Handles)
We'll cover this with direct evidence some time soon
 
Fedora Maintainer-ship Using Slop (Mistakes) Would Make Fedora Less Reliable
It won't produce reliable code or stable systems one can rely upon
IBM's "Legacy Employees" (Experienced Workers, IBM Management Dubs Them 'Dinobabies')
This notion of "legacy employees" seems like something overlapping with "expensive" (well paid) staff, even if not entirely equivalent
EPO's "Current Industrial Actions Are Likely to Intensify Further."
There is another strike in 5 days
This Morning The Register MS Published Slop Promotion With the Term "AI" 15 Times In It. The Register MS Was (As Usual) Paid to Do This
This is not a serious publisher
SLAPP Censorship - Part 23 Out of 200: We Were Right All Along (for 2 Years) About Third Party Funding and Willingness to 'Break the Bank' in Pursuit of "Revenge"
How much damage can a person do to oneself in pursuit of cover-up of legitimate technical concerns?
Links 25/03/2026: Airports Further Militarised, "Slopification and Its Discontents", Microsoft 'Open' 'Hey Hi' Shutting Things Down
Links for the day
Gemini Links 25/03/2026: Blogging Fright and Absolutely Useless 'Apps' Made by Slop Machines
Links for the day
Rise in Energy Prices Will Significantly Accelerate the Death of So-called "AI Companies"
It should be noted that fake news about Microsoft OpenAI doubling workforce (mere words, not actions) can serve as a nice distraction from the death of Sora due to divestment
It's Always a Question of Trust
There's a widespread stigma of lawyers being manipulative and chronically dishonest
Solicitors Regulation Authority (SRA) Must More Carefully Investigate or Assess the Financial State of Law Firms in the UK
We'll cover this in depth in the future
GAFAM Mozilla Removes Theora Support, Now GNU Needs to Re-encode Videos
Mozilla used to mean something to Free software advocates
An Open Admission Profits Depend on Addiction
Proprietary software tends to be like this
IBM Americas President Ayman Antoun Comes to OpenText, Weeks Ahead the Mass Layoffs Begin
Is that what IBM will be good at?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 24, 2026
IRC logs for Tuesday, March 24, 2026
Gemini Links 24/03/2026: Junk Drawer Time Capsule and Building Outside Alire
Links for the day
Not Much LLM Slop About "Linux" Lately, It Only Ever Comes From the Same Few Sites
As long as only few such sites use LLM slop we can skip and avoid them
Links 24/03/2026: "Epic Lays Off Over 1000 Employees" and US in Financial Trouble According to the Fed
Links for the day
The "Media" Does Not Only 'Miss' Mass Layoffs
"The Treasury just declared the U.S. insolvent. The media missed it"
The Empty Suits of IBM Managers (NIH or "Nothing Invented Here")
IBM's management adopted the business model of parasites
2012: 'Secure' (Microsoft-Controlled) Boot Has Not (Yet) Been Made Obligatory. 2026: systemd Has Not Implemented Age Verification
should we stop calling "nazi" everyone we don't agree with?
More Threats (Including Physical Threats) Against Us Are a Dumb Move
It's like a "hit list" (targets list) and I shall keep the police duly informed
New Example of Pentagon in "Feminist" Clothing Inside Fake News of Publishers Paid to Promote Outsourcing to US ("Clown Computing") and American Slop
Google now pays money to promote Google as a friend of women
Hating Techrights is a Career
but is it good for civil society?
Dr. Stallman’s Work Will Never be Considered 'Mainstream' Because He Rejects and Works Against the So-called 'Mainstream'
Try to be more like Stallman
The New Layoffs: 'Silent Layoffs', 'Secret Layoffs', 'Quiet Layoffs', 'Passive Layoffs' 'Stealth Layoffs', and Unannounced Layoffs Disguised as Return-to-Office (RTO Mandates)
The US needs to revisit and fix the WARN Act
EPO "Cocaine Communication Manager" - Part IX - Cocaine Addicts in Charge of the EPO Attacking Families of EPO Staff
Things like being high-profile and being a serious drug addict aren't opposites
What Feminism in Science Means (Codes of Conduct Don't Tackle the Real Issues)
Universality matters, more so in a project or community that's said to build the "universal operating system" (Debian)
SLAPP Censorship - Part 21 Out of 200: It's About Behaviour Online, Not How Much Money From Shadowy Third Parties Gets Spent on Lawyers and Two Barristers
75+ KG of legal papers, 2 cases, 2 barristers (one hiding in the metadata) and maybe two law firms (also hiding in the metadata) against two modest people in Manchester seems disproportionate and vindicative
Links 24/03/2026: "Airports on ICE" and "Have You Paid Your “Intuit Tax”?"
Links for the day
Gemini Links 24/03/2026: Slop Interview and Why Slop Makes Lousy Code
Links for the day
Richard Stallman to Give Public Talk This Thursday at the University of Bologna (Italy)
Hardly the first time he speaks in Bologna
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, March 23, 2026
IRC logs for Monday, March 23, 2026
Gemini Links 23/03/2026: "Mandatory" Bad Things and Dangers of Perfection Aspirations
Links for the day
SLAPP Censorship - Part 20 Out of 200: All Roads Lead to Rome and to GAFAM Funding
Now about 10% into this series
Last Week's EPO Strike Was the Biggest (Highest Participation Rate), Hours Ago General Assembly Discussed Next (Growing) Intensity of Strikes
Well done and well attended
Mass Layoffs at HashiCorp, IBM Hid Them
The media did not mention those layoffs
Microsoft Downgraded on Concerns (Lack of Growth) Amid Silent Layoffs in 2026
The press isn't functioning anymore
Links 23/03/2026: Gulf Water at Risk, Heatwave in Malaysia
Links for the day
Slop Means False, New Article by Cybershow
"We are living in a world that is rapidly divesting from reality."
Debianism election 2026 community poll created, everybody can vote
Reprinted with permission from Daniel Pocock
Links 23/03/2026: "Shocking Peter Thiel Antichrist Lectures", Robert Mueller Remembered
Links for the day
The Scandal Bigger Than IBM/Red Hat Layoffs is the de Facto "Media Blackout" About Those Layoffs
So we have a media crisis, aside from the economic crises
Gemini Links 23/03/2026: Geminispace/Elpher Enhancement and the Cerberus Cinco
Links for the day
Fear is Not a Legitimate Factor
Smart people know that trying to prevent moral people from doing the "Right Thing" will backfire
Fuel Autonomy and What It Teaches Us About Software Autonomy (or Software Freedom)
Need we wait until a "software Pearl Harbor" or protect ourselves proactively by weaning ourselves off of GAFAMware?
Scheduled Maintenance This Coming Wednesday
Other than that, all is the same and we carry on as usual
Most Press Articles About IBM Are LLM Slop, Sometimes With Slop Images
IBM basically laid off almost 1,000 people last week [...] At the moment about 75% of the 'articles' we see about IBM (in recent days) are some kind of slop
Links 23/03/2026: Security Breaches, Energy Shortages, Another SRA Scandal, and Patents on Nature
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 22, 2026
IRC logs for Sunday, March 22, 2026