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

SLAPP Censorship - Part 189 Out of 200: A Terrible Idea to Condemn Projects for Using Slop 'Code' When Your Own Employer Does This (and Profits From Every Company Doing So) or to Call Distros 'Not Secure' While You Advance Back Doors
"I don’t want a back door. I want a front door."
 
SLAPP Censorship - Part 190 Out of 200: Plagiarism, Back Doors, and Sabotage of Linux
This can go on for a decade or longer
Linux Kernel Becoming a Slopfest - Part 5 - Kernel Dependency on Plagiarism Giant Microsoft is a Death Blow to Any Kernel
Microsoft is bringing copyright-infringing slop into Linux
GNU/Linux Has Grown a Lot Lately
Based on Clownflare
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, September 19, 2026
IRC logs for Saturday, September 19, 2026
Links 19/09/2026: Many Patents Become Candidates for Annulment and Linux [sic] Foundation Takes More Slop Money to Promote Malicious Bots
Links for the day
Gemini Links 19/09/2026: The Fundamental Human Assets, The History of Gopher's "i" Type, and ROOPHLOCH 2026
Links for the day
Links 19/09/2026: "OpenAI and Microsoft Knew They Were Starting a ‘Doom Loop’ [of Mass Plagiarism 'Normalised' by Brute Force] for the web", Calling It "Hey Hi"
Links for the day
8 Series Going on at the Moment in Techrights
4 series about SLAPPs and related matters
Linux Kernel Becoming a Slopfest - Part 4 - Outsourcing to Microsoft, Approaching 10 Gigabytes
Can we blame Microsoft for those DDoS attacks? Partly.
Software Freedom Day 2026 is Today, Week-long Celebration in Brazil
In Brazil, Clownflare reckons about 1 in 20 laptops/desktops might use GNU/Linux already
Red Hat Lost 2,000 Staff (Net Loss)
Maybe by year's end it'll be a 20% reduction
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, September 18, 2026
IRC logs for Friday, September 18, 2026
Gemini Links 18/09/2026: Setting Goals, Tiredness, and Admissions From LLM Purveyors It Was All Along About Building Plagiarism Engines Sold as "Intelligence"
Links for the day
Links 18/09/2026: Microsoft Boasted Slop is Just Copyright Infringement/Plagiarism, Floods in Europe
Links for the day
Slop Ruins Development and Reverse Engineering, It Rewards Retarded "Slop Kiddies" (to Quote Andy ‘TheFlow0’ Nguyen)
Slop is just a fatal cancer that kills the body, then dies with the body it killed
Internet Relay Chat (IRC) and Mailing Lists Are Still Better Than Discord, Slack, and Discourse
Discourse is "open" "bossware"
Links 18/09/2026: Disgust Over LLMs and Why "Agents" (Bots) Are Nothing More Than "Spam"
Links for the day
Software Freedom Day is Tomorrow
events coming
Illegal and Unconstitutional Tribunal That SLAPPs Critics Does the Illegal and Unconstitutional: It "Rubberstamps Software Patents"
This is not a legal system. This is mafia.
Privilege in 'Linux' Foundation (Double Standards) and What the FSF Should Avoid Doing
If RMS can talk about politics, others too should be able to talk about politics
Seems Like Many Microsoft Layoffs Are Going On Right Now (Forever Layoffs)
Like IBM, Microsoft hopes shareholders will not know of morale and financial problems
More Threats From the Person of Restricted Boot Infamy
Remember this is the man who is the principal purveyor of restricted boot and who landed restricted boot in Linux
Snooping EPO Management, Sniffing Up Every Staff Action
It this a problem for whistleblowers? Of course.
Don't Do That
Options do exist. People should exercise freedom.
Iran Has Debunked GAFAM and Cloud Computing as Safety of Data
Cloud of smoke?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, September 17, 2026
IRC logs for Thursday, September 17, 2026
SLAPP Censorship - Part 188 Out of 200: Used, Then Discarded, by Microsoft (as We Predicted All Along, It's Always Like That)
The longer they carry on with it, the more scandalous this will get
Linux Kernel Becoming a Slopfest - Part 3 - Besieged by LLM Bots, Now Hiding Behind a Wall of JavaScript
The series began 3 days ago
Gemini Links 18/09/2026: Modern Linguistic, Boxing, Turning 40, and Solar MiniServer
Links for the day