Bonum Certa Men Certa

The Bizarre World of US Patents and Ongoing Pursuit/Granting of Software Patents in Spite of Section 101

Summary: A survey of recent patents that are either far too trivial, pertain purely to software, promote surveillance, or are pursued purely for vanity (when a court is likely to deem these invalid anyway)

THE US patent office is still granting all sorts of bizarre patents (low quality/certainty levels), sometimes to be facing challenge/refutation/overturning by courts, PTAB, oppositions etc. Patent examination is not a simple task, but the more safeguards exist, the more likely patents are to be upheld and successfully enforced at the end (when plenty of money is invested in litigation/negotiation). A legitimate patent would be granted in the interest of the public on novel ideas that are also not trivial and can be demonstrated physically (e.g. with a prototype). There aren't many such patents, certainly not millions. Some of the most notorious patents were granted on mere concepts or tasks which can be carried out using pen and paper (or in one's mind alone).

"Some of the most notorious patents were granted on mere concepts or tasks which can be carried out using pen and paper (or in one's mind alone)."Over the summer we've taken note of news about patents we wish to comment on, for we believe that these demonstrate a problem with quality control and/or perception of patents in the US.

Symantec



It's no secret that Symantec is still pursuing software patents. This latest example is said to "Protect Torrent Users Against Malware", which means that it's a software patent on security. Generally speaking, Symantec does not have a track record as a patent bully; in fact, it sometimes fights back against patent trolls, notably in Intellectual Ventures LLC v Symantec Corp (fairly recent case, decided by a high court).

"What chance does this patent have when properly scrutinised like in Intellectual Ventures LLC v Symantec Corp?"What isn't clear here, however, is the USPTO's decision to continue granting software patents after Alice. What chance does this patent have when properly scrutinised like in Intellectual Ventures LLC v Symantec Corp? Is such a patent necessary in the first place? Can it be challenged at PTAB with an IPR?

Apple



Apple's patents are often a source of amusement because the company rides a wave of hype, powered both by fans and by paid marketing. Look at this new patent. Can one say "trivial"? Like... ridiculously trivial? Can one not see that this is a software patent (thus invalid/not patent-eligible) that is not novel, either?

"Can one not see that this is a software patent (thus invalid/not patent-eligible) that is not novel, either?"The truth of the matter is, Apple continues pursuing very trivial patents and examiners in the US don't seem to mind. We have heard similar stories from inside the EPO (regarding applications from Apple). Here is another one: see the first article about it [1, 2] (cross-posted) and some followup from the mainstream media. This is not an invention but a trivial software patent (Alice would definitely swat it) that probably merits a yawn. There have been British derivatives of these reports with "999" rather than "911" [1, 2]. It wouldn't even make the news if it didn't involve the brand name "Apple". The patent in a nutshell? "Apple has patented a process that would allow users to secretly call 911 using only their fingerprint.

"In a patent published by the United States Patent and Trademark Office on Tuesday, the tech giant outlined a feature that would allow users to call emergency services “when a conventional method may not be practical.”"

"Do they get a monopoly on this because they were first to file?!"It's just about as trivial as it sounds. Do they get a monopoly on this because they were first to file?!

Microsoft



Speaking of Apple and the likes of them, watch Microsoft trying to grab patents on things it did not even 'invent'. "You will soon be able to track laptops in case of theft, Microsoft patent reveals," according to this report, which rightly then adds that it's something users "already have on... Android smartphones."

"Are they going to use "hands" as the equivalent of "device" to pretend that it doesn't simply boil down to computer vision and is thus pure software?"So can Microsoft now go bullying Android OEMs? Even if it did not invent this? And it boils down to spying? More spying on people using cameras was covered in this article titled "Patents show Apple & Microsoft Racing to bring Hand Gesturing Systems to Computers, Home Appliances & more" (footage going upstream for them to conduct surveillance with).

Are they going to use "hands" as the equivalent of "device" to pretend that it doesn't simply boil down to computer vision and is thus pure software?

Google



Speaking of privacy-hostile patents, "Google Patents Extracting Facts from the Web" (or data-mining).

"This is pure software, or machine learning. It oughtn't merit a patent."I already wrote a proposal and did this 12 years ago (akin to prior art), but it doesn't seem to bother large companies like Google, which simply want to stockpile lots of low-quality patents. "When Google crawls the Web," says the article, "it collects information about content on the pages it finds as well as links on pages. How much does it collect information about facts on the Web?"

This is pure software, or machine learning. It oughtn't merit a patent.

Cisco



Some large corporations are more aggressive than others and Cisco is one of those companies that often get sued by patent trolls. But Cisco is itself rather aggressive too and we previously wrote about how Cisco continued to (mis)use patents for embargoes on Arista products [1, 2, 3, 4]. There was recently a successful suspension of imports. As one report put it:

Cisco Systems has won a significant victory in its legal battle with Arista Networks, since its smaller rival agreed to suspend imports of some of its network switching products. However, it’s unclear how long that suspension will remain in place.

The International Trade Commission (ITC) in May ruled that Arista’s Ethernet switches violated two of six Cisco patents and ordered that the company stop shipping those products into the United States. However, the regulatory board allowed a 60-day “Presidential review period” during which Arista could continue importing the switches.



IAM wrote about a different Cisco case. Being a mouthpiece for patent trolls in the US and elsewhere, IAM was calling for "balance in patent debates in the US" (by balance it meant the opposite of balance, for only balance that IAM understands is the bank balance of Joff Wild and cohorts). Here is what IAM said in relation to a Cisco case:

In the US the patent troll narrative has become one of the dominant forces in how IP owners, lawyers and legislators talk about and view the patent system. It is a narrative that has been extraordinarily successful and while there have been and continue to be abuses of the system by some entities looking to extract nuisance settlements with poor quality or overly broad patents, there is also another side to this debate.


Terms such as "IP owners" (above) are meaningless because "IP" is not a patent but a nebulous, vague concept and patents are assigned/granted, not "owned".

Now that Blockchains are being polluted by patent thickets [1, 2] see what IAM is publishing about such patents. As if innovation does not matter as much as a gold rush for patents.

Patent Hype



It's quite a problem when companies apply for patents merely to use them as some kind of trophy or a badge of honour, even when there's virtually no use to them. Being granted a software patent, for example, is not "innovation" but protectionism by restricting others' right to write algorithms; yet watch this press release from June [1, 2] and this article which claimed "three patents to show for its four decades in existence."

"It's quite a problem when companies apply for patents merely to use them as some kind of trophy or a badge of honour, even when there's virtually no use to them."Well, patents and innovation are not the same thing, so less than one patent per decade is fine. They need to reject the myth of patents as surrogate for value or innovation.

Watch what Lifeline claimed last month [1, 2]. To quote: "The principals of Lifeline and the engineers at NTU filed for and received software patents on the technology."

"Software patents were granted by USPTO examiners, but we are pretty certain that PTAB and/or courts would disagree with the grant, citing Section 101."So they're invalid. Software patents no longer have much (or any) value.

Here is another press release from that time [1, 2], calling someone "the inventor and multiple patents holder of software-defined networks..."

Software again.

How about this one? Software patents were granted by USPTO examiners, but we are pretty certain that PTAB and/or courts would disagree with the grant, citing Section 101.

"If all you have to show is a US patent in a paid press release, then maybe you have nothing else to show (or do)."Here is another press release that's purely about patents [1, 2]. This one has a photo too. How cheesy! We have decided to reproduce it below:

TELoIP patent



If all you have to show is a US patent in a paid press release, then maybe you have nothing else to show (or do). TELoIP actually paid to publish this!

Recent Techrights' Posts

The Goal of Coopetition Assumes You're Friends
it will never work with Microsoft
Seductive Mirage or Allure of Complex, Proprietary Coffee Machines (or Similar White Elephants)
Software is a lot like those things
Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
The Register MS (Microsoft) or The Register AI (Slop)?
What a slopfest!
Is Red Hat About to Give the Boot to GNOME People Who Helped Microsoft 'Secure' (Monopolised) Boot?
It was always a dumb idea to play along with Microsoft's hardware mischief
Sales of Windows on PCs (Windows Licences) Go Down
Microsoft has a big problem in its hands
The Hype That Microsoft and The Register MS (Among Others) Promote Helps Stage DDoS Attacks on Free Software Sites
Microsoft is, to put it bluntly, pure evil
Links 09/08/2025: Putin Allegedly to Visit Alaska (Which He Deems Part of Russia), Mike Tyson Sued for Copyright Infringement
Links for the day
Slopwatch: Linux Journal, LinuxSecurity, and Google News With Its Slopfarms of Choice
SEO spam, made with LLMs
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025