Bonum Certa Men Certa

After Ruinous Kappos (Former IBM) Tenure at USPTO the Big Blue -- Along With Front Groups -- Muscles Its Way Into US Patent Policy

IBM also stands for International Bullying Machine, says Florian Müller

IBM logo on media



Summary: IBM's patent zealots continue to make the company look really ugly and growingly hostile towards software developers, even if they are hiding behind front groups like IPO and David Kappos' new shell when they lobby for software patenting in the United States

IBM and its former employee David Kappos (still works for them as a lobbyist) have done despicable enough things already -- things that are purely and unequivocally detrimental to Free/Open Source software or even software developers in general. How much more foolish are they trying to look? Except when they sue smaller companies using software patents? What happened to Samuel Palmisano's IBM? That was the IBM we could actually support.



"What happened to Samuel Palmisano's IBM?""Innovation" is what IBM calls litigation, we must assume, based on tactless tweets like this one. "Innovation fuels economic growth and #patents promote #innovation," it says.

The other day we showed how IBM is lobbying for software patents along with patent maximalists who conveniently (for their wallets) prop up IPO with its shameless lobbying. The so-called "task" for software patenting is led by IBM staff and attorneys who lobby for software patents are obviously supportive. IBM basically wants to restore software patents (their eligibility) by discrediting the examination process, as in this example that says: "That this question has been asked is itself evidence of how conflated #patent subject matter eligibility and obviousness have become - ugh!"

"IBM basically wants to restore software patents (their eligibility) by discrediting the examination process..."This is also what they pay Kappos to say. They're pretending there's some kind of confusion which prevents them from pursuing software patents, which is rather ironic coming from the company that files the lion's share of application and every year tops the list of USPTO patentees. To IBM, at least as far as patents go, nothing is ever enough!

Here, for example, IBM applauds IBM-led lobbying for software patents, linking to this echo chamber (other sites that are pro-software patents). Manny Schecter (IBM's patent chief) gives "More applause for IPO's resolution to amend 35 USC 101 here, though I don't understand the bit about a cocked hat..."

"To IBM, at least as far as patents go, nothing is ever enough!"He never bothered mentioning that it's IBM embedded inside IPO doing this. They're just using it as a front group. IPO, a front group for corporations, tries to write the rules that impact its funders (not the poor, the rich) and Patently-O too dives in with "IPO’s Next Legislative Proposal: 35 U.S.C. 103". It says: "Following IPO’s recent proposal to effectively eliminate 35 U.S.C. 101, a Patently-O reader (“MM”) proposed the following amendment to 35 U.S.C. 103 for the organization’s consideration" (there's no stopping IPO, is there?).

Days prior to this, an article by Dennis Crouch helped this lobbying campaign by IBM et al. To quote:

In a newly published whitepaper, the IPO explains its proposed legislative amendment. [PDF: 20170207_ipo-101-tf-proposed-amendments-and-report]

Following an explanation rejected by the Supreme Court in its eligibility doctrine, IPO explains that the traditional subject matter exceptions including abstract ideas and laws of nature were part of the pre-1952 “invention” requirement. That requirement was eliminated in the 1952 Act in a way that, according to the IPO, should have opened the door to broad subject matter jurisprudence. As the organization sees it, the Supreme Court began to go off track in the 1970s – a path revived in recent years.

With this avenue of legal argument rejected by the courts, the IPO sees itself forced to appeal to Congress for a more direct statement of broad subject matter eligibility.


"IPO proposes to rewrite US law in order to make software patents great again," Benjamin Henrion wrote. Matt Levy wrote a detailed rebuttal to it:

Why IPO Is Wrong About Section 101



It certainly seems that the technology industry is producing better and more exciting products than ever. Virtual reality is becoming, well, a reality; we have drones, self-driving cars, better artificial intelligence, amazing new games, and smarter smartphones. These innovations are all driven by software, even though the landscape for software patents has changed over the last few years due in part to several decisions by the Supreme Court.

This changing landscape has escalated the debate over the role of patents in promoting software innovations. Should we have limits on software patents? Are some “inventions” too abstract to qualify for patent protection? The Supreme Court has answered “yes” to both of those questions.

Bilski v. Kappos, which set the current course for subject matter eligibility under 35 U.S.C. €§ 101, was decided six years ago. Since then, the Supreme Court has decided two more major cases on patent eligibility, Mayo v. Prometheus and Alice Corp. v. CLS Bank. The U.S. technology sector has, despite a general economic slowdown, done fairly well in that time.

[...]

Looking at the IPO’s proposal in more detail, it’s clear that the language is a smoke screen. This amendment would essentially do away with any limits to software patenting. The “exception” that IPO’s proposal leaves open is so narrow as to be non-existent, at least in the technology sector. It excludes from patent-eligibility only those inventions that “exist solely in the human mind.” With the possible exception of patent applications being transmitted telepathically, any invention that’s written down exists outside the human mind. With all seriousness, anything that involves a computer even minimally would fall outside the exception.

[...]

The bottom line is that there’s no evidence of an actual decline in innovation due to Mayo and subsequent cases. Creating chaos because a few patent lawyers are unhappy is hardly good policy. The reality is that the Federal Circuit is doing a generally good job of interpreting Alice, and we should let the court keep going.


"150+ years of case law have held that abstract ideas and laws of nature cannot be patented," United for Patent Reform stressed a few days ago. But what would poor IBM sue over if not software? IBM has made cash cows out of practicing companies that are not IBM. In other words, it has become a patent bully and sometimes (in areas where it doesn't operate, e.g. social media) patent troll. Litigation great again? Is that what they want? If so, then better make IBM bankrupt. The sooner, the better. They're already heading in that direction, having outsourced many of the valuable jobs and sold large chunks of the business to China (notably Lenovo).

Recent Techrights' Posts

Not Hard to Guess Who Will Pay for IBM's Collapse (Due to False Statements Made to Shareholders), Red Hat May Disappear
IBM's leadership is never being punished for its failures
GNU/Linux Rises to 6% in Mexico
Did the soccer (football) matches have some impact or just the "unknowns" being deciphered (or omitted) by statCounter?
 
Morten Linderud Has Helped Microsoft Put Locks (and Kill Switches) on the PCs of Arch Linux Users
"the first rule of "secure boot" is to disable "secure boot"
In Poor Peru, GNU/Linux Surges From 1% to 5% in a Few Years
Windows is dying
All Social Control Media is a Weapon (Against Its Users, Serving the Real Owners)
That social control networks are weaponised isn't a new concept
Fanning the Flames of Journalism
This week we have several surprises coming
Forcing the Slop Bubble to Implode Fully to Save the Economy From an Even Greater Collapse and Societal Harm
Let's blow up the bubble. The sooner, the better
GNU/Linux at 8% in Croatia
somewhat of a GNU/Linux adoption hotbed
It's Easy to Predict Microsoft Layoffs for October 2026 Because of the Financial 'Results' That Month (More Faking, More Secret Debt and Buzzwords to Perfume This Debt as "Investment")
From what we've read, Microsoft is silently laying off people this month based on LITE, which leads to PIPs
Many Anniversaries
Many anniversaries in quick succession
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 02, 2026
IRC logs for Sunday, August 02, 2026
Gemini Links 03/08/2026: Collectibles, Cities of the Red Night, and Lali Lambda
Links for the day
IBM's August 2026 Promotions (Annual Ritual) Can Turn Into a "Bloodbath" (RAs, Layoffs)
IBM Common Stock is set to open in the red (minus) on Monday
Microsoft Culture Explained by People Who Work at Microsoft
"Be ready for politicking and working over time and weekends."
Codes of Conduct Attract Hoarders and Sociopaths, They Are Intolerant Towards Good People
Codes of Conduct (CoCs) are also promoted using violence
XBox is in Trouble, Sunday News Shows How Serious a Problem It Now Faces
it seems impossible to resuscitate at this point
statCounter Observes GNU/Linux at 10% in Libya
this month statCounter finally sees GNU/Linux approaching "double-figures" there
Thailand: GNU/Linux Approaching 15%, Windows in a Freefall
It makes perfect sense for Thailand to adopt GNU/Linux for technical reasons, not just political reasons
GNU/Linux in Bulgaria Back Up
part of a trend in Europe
Cuba Sees Leap in GNU/Linux Usage, as Reported by statCounter
For the ordinary Cuban it makes sense to reduce a dependence on GAFAM
Gemini Links 02/08/2026: Drift, Crawlers in Gopher Space, Purpose, and Python
Links for the day
Links 02/08/2026: Some Large Slop Investors "Crumbling", Russia Intensifies Bombing of Kiev
Links for the day
IBMers Discuss Who Killed IBM (It Impacts Red Hat)
Fedora is fast becoming like another CentOS
GNU/Linux Leaps to 8% in Asia
In Asia, is it a bit higher because of GAFAM distrust? Maybe some other factor/s?
Clownflare Web Usage Survey: About 10% in North America Use GNU/Linux, Worldwide 6.7%
surveyors that showed GNU/Linux growth
SLAPP Censorship - Part 137 Out of 200: Discovering That Spending a Million British Pounds (1,348,250.01 United States Dollars) on Lawyers Cannot Take Down One's Critics
just outright bullying and criminality
Steam Survey, analytics.usa.gov, and statCounter All Point to GNU/Linux Gains (Again)
This must be very annoying to Microsoft
GNU/Linux Exceeds 6% in Spain
In recent years the "market share" steadily grew from 3% to over 6%
Brazil: GNU/Linux Record High, 5%
On average, GNU/Linux has evidence of growth in many countries this summer
Amid 2026 Bing Layoffs Microsoft Share in Search Collapses
How much longer before Microsoft throws in the towel or rebrands again?
United Kingdom: GNU/Linux up to 7%, ChromeOS Another 5% (Total 12%)
further significant gains for GNU/Linux this month
Links 02/08/2026: Cheeto "Blurted Out Vile Plot to Censor ABC"; New York Times Fights 'Intimidation'
Links for the day
Why Techrights Will Still be Active a Decade From Now
Techrights will carry on for many years to come
We Are Witnessing the End of IBM
IBM cannot find growth by moving downwards, by lowering standards
The Slop Presumption Rule
Tainting oneself can take one day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 01, 2026
IRC logs for Saturday, August 01, 2026
Gemini Links 02/08/2026: Older Books, Esperanto Music History, and Slop Making Things Worse
Links for the day
Sharing and Empathy
Be more like Stallman, not Linus
August 2026 Microsoft Layoffs Are "Secret Layoffs" or "Silent Layoffs"
It's all about secrecy, isn't it?
Fedora 'Community' Became 100% IBM Staff, Drawing Up Policies Like CoC and CoI (Where the IBM is Excepted From Conflict of Interest Policies)
IBM has in effect killed Fedora
Gemini Links 01/08/2026: Planner Season is Upon Us, Slop "Apocalypse", and USENET
Links for the day
Cuts at IBM, Allegedly More Shutdowns to Come, CEO Visits Complicit Media to Promote Lies and Products That Will Never Exist (Misleading Shareholders)
IBM is collapsing
Links 01/08/2026: GAFAM Falling Deep Into Trillion in (Secret) Debt to Keep the Slop Bubble From Popping Already, Anger Over "FIFA’s World Cup Privatisation Plan"
Links for the day
Newer Not Better: Treadmill Updates Cause Problems
after 2 years the un-updated machines still fine
The Cyber Show on the Slop Bubble
new article about the implosion of the slop bubble
Links 01/08/2026: New York Times Trying to Inflate the Slop Pyramid Scheme (at Cost to Its Own Reputation) and "Iran Appears to Be Blasting Amazon Data Centers Off the Map"
Links for the day
Positive Political Momentum
Daniel Pocock is taken seriously by many people who contact us privately
Google "AI" is Plagiarism, the Case of Richard Stallman (RMS)
Why would anyone choose LLM slop over the originals, curated and fact-checked by domain experts?
SLAPP Censorship - Part 136 Out of 200: Lawyers That Get Paid to Mess About
They were already outnumbered and understaffed
Explaining That Software Patents Are Neither Legal Nor Desirable
Many of our readers work in the legal sector
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 31, 2026
IRC logs for Friday, July 31, 2026
Gemini Links 01/08/2026: Retirement, Bike Trips, Quake Stuff, Usenet Reborn
Links for the day