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

Links 06/09/2026: Sabotage by Slop and "What Happens If 'Open' 'AI' Dies?"
Links for the day
How Back Doors Became the 'Normal' or 'Norm'
"We also allowed a lethal monoculture to fester"
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part III - The SRA is Vastly Worse Than Brits Realise, We Have a "Wild West" in London
In the next part we'll begin looking at correspondence with the SRA
SRA and Manslaughter: How the SRA Contributed to Agony in Proprietary Software Scandals With Clear Misuse of "Without Prejudice"
Trying to prevent the public from finding out the criminal stuff that went on, resulting in many deaths
Canonical (or Ubuntu) Rejecting IRC Isn't the Widespread Trend
Internet Relay Chat (IRC) adoption still growing by some yardsticks
SLAPP Censorship - Part 173 Out of 200: Two Years
It was exactly 2 years ago that we filed lawsuits against Garrett
Linux of America
We could not help but notice GNU/Linux in North America yesterday
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 05, 2026
IRC logs for Saturday, September 05, 2026
Gemini Links 06/09/2026: Internet Limiting (Limited Time Allotted) and Solar MiniServer
Links for the day
Eight Months of Strikes in EPO, Organised by the Staff Union (SUEPO) Also in Berlin
In Berlin, only one member of staff voted against the action plan
Links 05/09/2026: "Let’s Stop Buying New Phone" and 'Open' 'AI' (Proprietary Slop) Drowning in Lawsuits
Links for the day
Gemini Links 05/09/2026: Polarization, Warped Maps, and Emacs rectangle-number-lines
Links for the day
Software Freedom, Even If Difficult to Attain Due to Outside Pressure, Does Make You Happier
Peer pressure and opinionated employers can make friends and staff more miserable if they dictate bad software
You Can Run GNU/Linux on a Desktop/Laptop for 1,000+ Days Nonstop
To me, the long uptime is a way of "marketing" GNU/Linux as robust and stable
Profiting From Global Warming (and Making More Money the More You Cause Warming)
Unregulated bank and pyramid scheme
SLAPP Censorship - Part 172 Out of 200: The Solicitors Regulation Authority (SRA) Complicit in the SLAPPs by Inaction (Didn't Even Study Any Evidence, Only Wasted Time and Budget)
"SRA placed into special measures due to 'disappointing standard of leadership'"
China Does Not Need American (US) Products Like GAFAM's
China has abundance of technical things it can leverage to preserve its autonomy
RMS Didn't Make Enough Backups
Making backups is important
Refresher: Why EPO Staff is on Strike This Year (Aside From the EPO Acting Like a Corrupt, Above-the-Law, For-Profit Corporation That Violates Its Own Charter)
One core issue at the EPO is erosion of purchasing power
Gemini Links 05/09/2026: Fireflies, Shore Pine, and ASCII Art
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 04, 2026
IRC logs for Friday, September 04, 2026
The Legal Services Board (LSB) Takes on Solicitors Regulation Authority (SRA) for Utter Failures, We'll Resume Our SRA Series to Illuminate How Bad the SRA Really Is
a quick overview of the latest news
Links 04/09/2026: Notorious Patent Trolls' Judge Enters the Private Sector (Corruption, Revolving Doors), Gloria Steinem's Life in Pictures
Links for the day
Gemini Links 04/09/2026: Worries, Upgrades, and CS Students
Links for the day
Richard Stallman's Web Site Back Online, But It Seems Like a 2-Months-Old Snapshot
Latest political notes are dated July 2 (2026)
SPAM Disguised as Benchmark or Comparison: The Register MS "PARTNER CONTENT" is Getting Weirder by the Month
Sites that promote fake 'coins' or pyramid schemes to their audience(s) aren't worth tolerating
PIPs at IBMs are Layoffs Because They're Impossible to Satisfy (or They Terminate Workers Despite Satisfying Them)
What insiders say
In the United Kingdom You Can No Longer Make the Assumption People Use Windows (or 'Smart' 'Phone')
As autumn arrives Microsoft faces a crisis
SLAPP Censorship - Part 171 Out of 200: Talking About Corruption and Violence Against Women
Today the Labour Party (UK) speaks about corruption
Warming Up for Investigative Journalism About the European Patent Office (EPO), Europe's Second-Largest and Probably Most Corrupt Institution in Europe
It continues to exploit diplomatic immunity for impunity
Microsoft Handing Out PIPs by the Thousands, Anxiety in GAFAM Building Up
Years ago I heard from people who pretended to be ill to avoid getting fired
BRICS in the Windows: Brazil's GNU/Linux Share (as Measured by CDN) Has Hit Highest Point in a Month
The largest Web CDN, Clownflare, sees GNU/Linux at 8.1% right now in Brazil
Corporate Media Will Always Glorify Its Owners (Corporations That Value Nothing But Capital)
Collecting "money" like it's a form of competition where they track "score"
We'll Never Do Slop!
Being against slop is not being "left behind"
Thieves Complain About the People They Steal From
"When you point the finger at someone, there are three fingers pointing back to you"
Links 04/09/2026: "The Rise of the Billionaire Lobby", the "Imperialist Delusions", and Digital Restrictions (DRM) From Nvidia
Links for the day
Buying From China
Nations must begin to speak about their digital sovereignty, which Free software is best equipped to grant and best positioned to assure in the face of outside resistance
GNU/Linux Continues to Grow in China
GNU/Linux reached its highest point in a month
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 03, 2026
IRC logs for Thursday, September 03, 2026
Gemini Links 04/09/2026: Forgotten Realms Avatar Series and Slop Plagiarism's Footprint in Gopher/Geminispace
Links for the day