Bonum Certa Men Certa

IBM is Hoarding a Lot of Software Patents But Disguises Them as 'Cloud', 'AI', and Other Buzzwords

As if drawing some diagrams of so-called 'clouds' renders an old idea suddenly "innovative"

Bird and cloud



Summary: IBM, its disturbing software patents advocacy, and the new wave of bogus software patents, which hop and ride the wave of the latest buzzwords (the generation preceding that was "on a computer" or "over the Internet" patents)

EARLIER this year and last year we took note of IBM's dubiously large pile of patents. Statistics about these showed that many of these were about "AI" or "cloud" -- something along the lines of "on a computer" or "over the Internet". We remind readers that IBM is one of the, if not the, proponent/s of software patents and eradication of Alice-related tests. IBM even took leadership role in task forces to that effect and it employs David Kappos as a lobbyist, after he worked both for IBM and for the USPTO.



"They are 'cloudwashing' (our term) old stuff in an effort to make new software patents seem like they have merit or are novel."According to this, "analysis from Envision IP which found that IBM had sold more than 15,000 patents since 1991, with Google the biggest customer" [sic] (customer is the wrong term).

We kindly remind readers that IBM patents a lot of dubious things that should never be granted a patent at all. They are 'cloudwashing' (our term) old stuff in an effort to make new software patents seem like they have merit or are novel. IBM is also 'openwashing' its operations whilst attacking large GNU/Linux users. IBM was one of the earliest allies of GNU/Linux, but that is no longer the case. The company now has a strategic partnership with Apple and many of its 'contributions' to Linux seem to be antifeatures like Treacherous Computing. We are therefore saddened to let go of the myth of IBM as protector if not flag bearer of GNU/Linux interests.

Incidentally, about software patents on so-called 'cloud' (a nebulous concept) there is this new article which takes note of trolls' role in it. To quote a couple of portions:

NPEs (Non-Practising Entities) are businesses that assert patents through litigation to achieve revenues from alleged infringers without practising or commercialising the technology covered by the patents they hold. NPEs are uniquely well placed to monetise their patents at each stage of the litigation cycle. They have access to capital and all necessary forensic and legal resources; and an NPE doesn’t practise its patents so is immune to a counterclaim that a defendant might otherwise be able to bring against a competitor, or a cross-licence that the defendant could otherwise offer.

[...]

Although the number of patent litigation cases filed in the USA has declined from a high point of 6,500 in 2013 to 5,600 in 2015, this is still almost double the 3,000 or so launched in 2009, and correlates fairly steadily over the last few years at around 2% of US patents granted.


The above decline is often attributed to AIA and/or Alice. We should add that, based on recent patent filings from IBM, the company is exploiting the AI hype (not a new thing, but the hype is newer), with silly marketing like "Watson", in order to hoard yet more software patents. There is this new article titled "Of Patents and Artificial Intelligence" and it totally misses the point that patents on AI are typically if not inherently software patents and should thus be denied. Pay attention to who authored the article though; don't ask lawyers about it. They say what brings them the most income, disregarding actual cases such as Alice.

"They say what brings them the most income, disregarding actual cases such as Alice."The bottom line is, forget (at least for a moment) about these notorious "on a computer" or "over the Internet" patents and pay attention to the latest wave of "AI" or "cloud" patents, which represent no expansion of innovation but a more creative way to bypass patent restrictions and fool examiners.

Recent Techrights' Posts

The End of FOSSPost (fosspost.org), It Has become an LLM Slopfarm Like FOSSLinux
These sites will never get lucky with slop. These experiments always end badly.
Gemini Links 22/05/2026: Esperanto Music History, Suspicious Adoption of Signal, and Unauthorised LLM Slop in Code
Links for the day
 
Links 22/05/2026: Ebola Crisis and Samsung Averts a Walkout With Big Bonuses
Links for the day
Links 22/05/2026: Inflation Fears and Thailand Tightens Visa Rules for Tourists From Dozens of Nations
Links for the day
EPO Staff Representation Speaks of This Week's Discussion With the EPO's Budget and Finance Committee (BFC) Amid Mass Strikes
The Central Staff Committee's outline (prepared in a rush) or the "flash report"
SLAPP Censorship - Part 84 Out of 200: New Legislation Against SLAPPs on the Way (After We Reached Out to Ministers)
They dealt with the matter individually too, but we won't share this in public, at least not at this time
The Corrupt Lecture the Non-Corrupt - Part XXX - Where Was "The Ethics and Compliance Team" When the Family of EPO President Campinos Was Caught Doing Cocaine?
It remains to be seen if national delegates will tolerate this in future meetings
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 21, 2026
IRC logs for Thursday, May 21, 2026
Links 21/05/2026: "Declining America" and Why Slop 'Code' is Made to Fail
Links for the day
Techrights and Tux Machines Subjected to Cyberattacks for Several Weeks
In the past I spoke to the cybercrime unit of British Police. Maybe it's time to do so again.
The Register MS Has Become a 'Content' Farm Promoting Slop for Hostile Corporations
Now they call it "PARTNER CONTENT" - not "SPONSORED" - as if semantics make the difference
Latest Example of Widespread Fake Assertions (False News) About "Hey Hi"
The false narrative of "Hey Hi layoffs"
Links 21/05/2026: Facebook Rewarded With Tax Breaks to Destroy the Environment and Cause Global Warming, Shortages, Pollution; SpaceX (SPCX) Continues Losing Billions of Dollars
Links for the day
Codecs and Software Patents - Part VIII - GNU Audio/Video Team Has Chosen the AV1 Video Codec and It Explains Why (They've Researched Their Options)
AV1 video codec will be used to encode and share GNU videos online
Dr. Stallman Helps Establish Free Software Advocacy Outside the Free Software Foundation (FSF) as Well
The ideals or principles of Free Software needn't be centralised or monopolised; they can be federated
22 Years of Tux Machines and a Community Stronger Than Ever Before
We've already received some feedback from the community and improved it accordingly
Microsoft Under Investigation for Breaches of Law in the UK
Just like the Microsofters
More Microsoft Layoffs on the Way (June and July 2026)
with or without PIPs
LWN Sponsored by the Linux Foundation (Monopolies)
We must be able to casually point this out
The Corrupt Lecture the Non-Corrupt - Part XXIX - European Patent Office (EPO) Tells Staff "Speaking up" is Good, But Not When the "Brother-in-law" of EPO's President Does Cocaine
Do we still have a functioning democracy and potent press?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 20, 2026
IRC logs for Wednesday, May 20, 2026
Gemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
Links for the dayGemini Links 21/05/2026: Immigration, Slop, and Slop 'Code' Suggestions Infesting Code Repositories
GAFAM is Connected to Misogyny, Almost All Founders Divorced
They're not good people, even if they pay the media to pretend otherwise
SLAPP Censorship - Part 83 Out of 200: Religion is Still Alive, But for Many This Religion is Monetary (Greed, Monopolies, Corporate Power)
If all you keep boasting about is being able to afford a hotel room and some domestic flight, then maybe you have no real accomplishments and are more like a "Facebook serf" with a credit card
Oracle Seems to Have Popularised Overnight Layoffs, Now GAFAM Does the Same
layoff emails at 4 a.m. local time
A Lot of Fake News About Microsoft's LinkedIn Today, Some Comes From Slopfarms, Some Relies on Those Slopfarms
As usual, slopfarms make the Web a huge pile of garbage
IBM's Kyndryl is Circling Down the Drain, Say Kyndryl Insiders
"IBM Dinosaurs who were recycled and catapulted into the orange trash heap by IBM"
A Lot of Coverage Adding Hype Factor to Slop Bug Reports... is Made by LLM Slop
Local Privilege Escalation [...] the slop motivates some actual people to keep writing about it
Links 20/05/2026: Mass Layoffs at NPR (Bought by the Ballmers and Bill Epsteingate), Starbucks Korea CEO Fired Over ‘Tank Day’ Ad
Links for the day
Gemini Links 20/05/2026: Advantage of CD Collections, Geminaut's View of Nostr, and SSL / TLS Certificates
Links for the day
IBM is Becoming a Pile of Expired Patents and Abandoned Buildings, Assets of Little Actual Value
Having laid off a ton of people, borrowed lots of money to fake growth (by acquisition), and sent some jobs to low-paid regions where innovation isn't done
Links 20/05/2026: Looting of Americans for "White Grievance Reparations Fund"; "Mark Zuckerberg Used Shell Companies to Bully Native Hawaiians"
Links for the day
Web Browsers Are for Rendering Web Page, They Shouldn't Become PDF Editors
Linus Torvalds is quickly learning and speaking about this
SLAPP Censorship - Part 82 Out of 200: British Government Intervenes in the SLAPPs by Brett Wilson LLP
At this stage our matters are dealt with by a layer below that of the Prime Minister (adjacent to it)
LinkedIn Communications Reveal That LinkedIn - Like GitHub - Will Vanish Inside the Belly of Microsoft
This is definitely going to happen.
In Wall Street, Financial Difficulties Drive Shares Up
Wall Street doesn't work that way
The Corrupt Lecture the Non-Corrupt - Part XXVIII - European Patent Office (EPO) Guidebook Says Report Crimes Committed on EPO Premises. Some Did, But President Campinos Covers up for the Culprits.
The staff has long been on strike and the union (SUEPO) organised an enhanced day of action just two days ago
Gemini Links 20/05/2026: Fall of an Empire, "High Tech is a Social Exercise", and Big Cameras
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 19, 2026
IRC logs for Tuesday, May 19, 2026