Bonum Certa Men Certa

IBM is Attacking Patent Reform and is Lobbying for Resurgence of Software Patents

Because IBM is collapsing and has increasingly resorted to bullying small companies for their 'lunch money' ('protection money' or ruinous lawsuits over patents)

Ginni Rometty
Photo source (modified slightly): The 10 Most Powerful Women in Technology Today



Summary: IBM reinforces its role as enemy of Free software (and even all small developers of software) by virtue of promoting software patents and attempting to change legislation so as to assist its patent bullying strategy

FANGS may be symbolic, but while IBM tries to frame itself a "friend" of Linux and an "innovator" (e.g. with "Watson") there is a very ugly side to the company and one that Ginni Rometty's predecessors would probably not approve of. IBM is not a friend (not anymore, it's actually close to Apple now) and it's a big part of the problem we now face in the Free software world. IBM seems to have become a software patents proponent so heavy and loud that it now rivals Microsoft to the 'title'.



According to this new post, "IPO created a special 101 legislative task force headed by IBM’s Marian Underweiser with Vice-Support from Bob Sachs (Fenwick & the BilskiBlog) whose proposal has now been released and fully adopted by the IPO Board."

Notice the words "legislative task force". They mean lobbying -- the same thing that David Kappos does for IBM right now. As for Fenwick & West, watch this latest post from them. This patent law firm is trying to bypass the rules in order to patent abstract stuff like software.

The patent microcosm (with people like Sachs and Watchtroll rearing their ugly head on a regular basis), in the form of its front group Intellectual Property Owners Association (IPO), is trying to destroy Alice and bring back software patents. IBM's patent chief is even openly and publicly supporting/endorsing Watchtroll, which is currently attacking [1, 2, 3, 4] the reformer, Michelle Lee.

IPO being a front group that is detrimental isn't news, but IBM playing a considerable role is noteworthy. Here is a portion of the post from Patently-O:

IPO Steps Up: Proposes Statute to Overturn Mayo and Alice



The Intellectual Property Owners Association (IPO) is run primarily by a group of 50 top intellectual property counsel (usually patent-focused) from many of the largest global innovative companies – all deeply involved in the patent system as patent holders and many as accused-infringers as well. Patent attorneys from various law firms serve in a support role for the organization. The IPO created a special 101 legislative task force headed by IBM’s Marian Underweiser with Vice-Support from Bob Sachs (Fenwick & the BilskiBlog) whose proposal has now been released and fully adopted by the IPO Board.

IPO’s proposed a particular statutory amendment that would limit the eligibility question to whether “the claimed invention as a whole, as understood by [PHOSITA], exists in nature independently of and prior to any human activity, or exists solely in the human mind.” The proposal would seemingly flip the outcomes Alice, Mayo, and Bilski, although it is unclear to me how the statute treats a situation where a covered embodiment could exist solely in the human mind, but the invention as a whole also contemplates out-of-mind activities. The proposal specifically states that eligibility “is not impacted by . . . the claimed invention’s inventive concept.” Rather, the focus is solely on whether the claim-as-a-whole (1) “already exists in nature independently of and prior to any human activity” or (2) “exists solely in the human mind.” The proposed amendment further spells out that the entitlement to a patent is subject “only” to the limitations found in the Patent Statute.


According to her LinkedIn page, Marian Underweiser is connected also to IAM (which she takes pride in) and she used to work for Kenyon & Kenyon LLP (last mentioned here a very long time ago). She is the one heading this lobbying effort, on behalf of her employer IBM, so those still disillusioned about IBM can treat this as a wake-up call.

Recent Techrights' Posts

LLM Slop is Not Reliable, Constitutes No Process of 'Thinking'; There's No Thought Process at All, No Grasp or Understanding, Let Alone Context
Lies have become the "business model" [...] More people ought to talk about it and explain to other people what LLMs really are
Not a Security Expert If You Cannot Manage to Keep Online a Simple Two-User Mastodon Instance Somebody Else Built
From uptime of ~99% to maybe 80%
Microsoft Has All the Symptoms of a Dying Company (Mass Layoffs of the People Who Built the Company)
the company's debt is going through the ceiling
For Effective 'Finlandisation' (Not Digital Sovereignty) to Be Replaced by Autonomy Finland Needs to Think Like GNU (Software Freedom), Not Linux (Openwashing Source, Plus LLM Slop and Killswitches)
What is 'Finlandisation'?
IBM's Kyndryl in Trouble: Mass Layoffs, Payroll Problems, Buybacks (in Company Whose Debt is Almost Twice Its Total Value), and Soon $9 Per Share (Down Over 80%)
Kyndryl is done. Stick a fork in it.
ICYMI: GNU/Linux Did Not Start in Finland
If we're honest/true to ourselves, we need to recognise history for what it is, not what some corporations (like GAFAM) want it to be
Codecs and Software Patents - Part VII - Entering Phase II, the Battle Against Companies That Normalise Taxed (by Patents on Mathematics) Codecs
In the next few part we'll deal with the impact on Free software, including the GNU Project
 
"Microsoft Goodwill and Intangible Assets" Down Two Years in a Row, According to Microsoft
Microsoft cannot sell these, so what is their real relevance?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 15, 2026
IRC logs for Friday, May 15, 2026
IBM: Shares Down 30%, Mass Layoffs, IBM Says "Goodwill" Grew by 10% to Over a Third of the Company's Total "Worth"
According to IBM
Microsoft LinkedIn Layoffs "Very Likely Higher" Than 1,000 People
Microsoft is bleeding
The Corrupt Lecture the Non-Corrupt - Part XXIV - Luis Berenguer Giménez at the EPO (European Patent Office) Became the Punchline of EPO Staff
"the fact that Luis was caught with cocaine causes laughter. The use of cocaine in itself is not the real shocking bit."
IBM Keeps Culling Essential Linux, Fedora, GNOME, and GTK Staff
Over a month ago IBM laid off over 400 Red Hat engineers
Cisco Cuts Nearly 4,000 Jobs Because of Debt, Nothing to Do With Slop
The media keeps talking about revenue, not profits
Gemini Links 15/05/2026: UDP Game Forwarding Over SSH, Avoiding LLMs, and Alhena 5.5.9
Links for the day
Links 15/05/2026: Electric Company Shuns Entire Town to Prioritise Only Data Centres, Saudi Arabia and U.A.E. Carried Out Secret Attacks in Iran
Links for the day
Focus is Important, Focus is Everything
We are still running 6 multi-part series in tandem
Guest Post on False Marketing and PR Blitzes by Anthropic
A lot of people my age are just tired of the nonsense
Links 15/05/2026: UK antitrust regulator is officially investigating Microsoft Office, Anthropic’s Fraudulent Lies About Mythoslop Don't Withstand Scrutiny
Links for the day
IBM is Googlebombing the Media With Fake Numbers to Promote Fake Technology
a classic example of why much of today's media cannot be trusted (anymore)
Up to 10,000 Microsoft Layoffs in a Couple of Months
Many ways to skin a cat
Truth Hurts. People Hurt by Truth Aren't Entitled to Compensation.
Family members aren't exempt
SLAPP Censorship - Part 77 Out of 200: They Never Knew How to Handle Women (Except to Attack Them)
The case against us was really quite simple
Update on Sirius Open Source in 2026 (When Your Former Employer Commits Crimes and Nobody is Held Accountable)
I did not envision myself spending several years (even 4 years after leaving that company) challenging the system for tolerating and even covering up corruption
The Corrupt Lecture the Non-Corrupt - Part XXIII - Cocaine Use at the EPO's Top-Level Management "Adds Up" and Worsens Things "Over Time"
"cocaine use knocks the IQ down permanently a tiny bit with each use. Over time that adds up."
Gemini Links 15/05/2026: Slop Fatigue and Banning LLM Use
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 14, 2026
IRC logs for Thursday, May 14, 2026
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026