Bonum Certa Men Certa

IBM and Watchtroll, Together With Microsoft, Among the Driving Forces for Resurgence of Software Patents

Bill Lumbergh: If you could grant me a software patent, That Would Be Great!



Summary: A look at who keeps lobbying against Alice and where/how; also our assessment of why such lobbying won't be getting them anywhere any time soon

AS PROMISED in our previous long post, here are some details about the lobby against Alice (i.e. for software patenting). The USPTO continues granting such patents, but in our previous post we showed that almost none of these can "survive" the courts. In other words, there's a great disparity between granting and assertion in this domain. Certainty is extremely low for software patents.



"So he basically frames the rejection of software patents as "discrimination". Amazing."IBM and Watchtroll are probably the worst culprits when it comes to the lobbying; even more so than Microsoft. Here is IBM's Manny Schecter‏ citing Watchtroll/Gene Quinn (quite frequent an occurrence and Schecter‏ also habitually writes for Watchtroll). "The patent system should not discriminate against certain technologies," he wrote.

So he basically frames the rejection of software patents as "discrimination". Amazing.

Watchtroll said: "Alice Who? Over Half the U.S. Utility Patents Issued Annually are Software Related!"

"Software is everywhere. But that does not mean that everywhere technology is used it boils down to software."Terms like "software related" are nonsensical. Benjamin Henrion already responded to them with , "you mean it does not fit some technologies?"

Software is everywhere. But that does not mean that everywhere technology is used it boils down to software. Yet that's the kind of 'logic' software patents proponents are attempting to leverage. The underlying article IBM links to is from a patent attorney, i.e. part of the patent microcosm.

"Microsoft too is among those trying to change the law in the US, in order to allow software patents chaos to resume (Microsoft's blackmail relies on that).""It is time to define the term ‘Abstract Idea’," Watchtroll added. It couldn't get any more obvious; they want Alice struck down under the guise of "clarity" that IBM pays David Kappos to play with.

It's despicable. Microsoft too is among those trying to change the law in the US, in order to allow software patents chaos to resume (Microsoft's blackmail relies on that). As this recent report put it: "The issue’s importance to biopharmaceutical companies was illustrated March 15 by an unlikely source—an executive from the software industry--which often has been at odds with the biopharma sector on Section 101. Speaking on the topic, Microsoft Corp.'s David Jones said, “The people having the hardest time, as much as we complain about software, are the ones with gene patents.”"

Further down it refers to the IBM-led IPO initiative by stating: "The IPO proposed three new parts of Section 101. Section 101(a) would read: “Whoever invents or discovers and claims as an invention any useful process, machine, manufacture, composition of matter, or any useful improvement thereto, shall be entitled to a patent for a claimed invention thereof, subject only to the exceptions, conditions and requirements set forth in this Title.”"

"Will all that lobbying manage to warp the debate though?"So it is crystal clear that they are still attempting to resurrect abstract patents, including software patents. Having said that, a lot of the above is from May and June (John T. Aquino's article is from May) and things have been quiet since then. Back in May there were many articles like "IPO, AIPLA and ABA IP Section Propose Legislative Fixes for Section 101", "AIPLA offers proposals to alter section 101" and "AIPLA On Board with Statutory Reform of 101". A month later there was almost nothing about it and in July there was nothing at all. It's like they vanished. We should not, however, assume that they stopped trying. Arguably, what they worked on at the time (and to a certain degree did accomplish) is this notorious bill, the "STRONGER Patents Act" which is going nowhere (not even patent extremists like IAM believe it will ever materialise).

Will all that lobbying manage to warp the debate though?

"More reports that Examiners in 3600 are being instructed to conduct less stringent Alice analyses," Patent Buddy wrote. Have they 'scandalised' Alice enough to have it de-emphasised? Well, maybe only at the patent office, but not the courts. The USPTO does not decide what patents will be upheld by judges. Back in May, patent attorney Mark Summerfield wrote about the subject and regarding a particular case, J Nicholas Gross (also patent microcosm) said: "In contrast to PTO, Fed judges continue to rely on principle of "no preemption" to deem patents eligible under 101..."

"The patent microcosm is focusing on exceptions to the norm, i.e. cases where software patents are miraculously upheld (even if by a low court)."Well, they actually do their job correctly. Even if examiners continue to grant software patents, judge will throw these away, merely reducing confidence in US patents and damaging the credibility of the US patent office.

The case at hand is Tecsec Inc. v Adobe Inc. and Mercedes Meyer wrote about it that "EDVA [Eastern District of Virginia] DENIES 12(B)(6) ELIGIBILITY MOTION - claims on 4 patents do not preempt and are inventive; Tecsec Inc. v. Adobe Inc. (5/23/17)..."

So it's yet another one of many cases where software patents are ruled invalid.

Regarding another Tecsec case, Tecsec Inc. v International Business Machines Corporation (IBM), Docket Report wrote this: "The court denied defendant's motion for summary judgment on the ground that plaintiff’s encryption patents encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea."

As noted in our previous report, this was the sole case (which we are aware of so far this summer) where software patents were tolerated, and these were only tolerated by a low court. The patent microcosm is focusing on exceptions to the norm, i.e. cases where software patents are miraculously upheld (even if by a low court).

"It seems clear that their last remaining hopes are on this piece of legislation that is already being opposed and condemned even by large corporations..."Is there much of a future (or any) to software patents? Well, that "STRONGER Patents Act" (misleading name) is dead in the water and we expect the momentum of the above lobby to have already been lost in the midst of SCOTUS rulings. We oughtn't, however, lose sight of the lobbyists. The last thing they want is visibility (when they do their dirty deeds). A vocal software patents 'lobbyist', Steve Lundberg, is going mental over the demise of "medical"-washed software patents and other vocal 'lobbyists' seem equally perturbed. They can't seem to get their way. Steve Lundberg is starting to sound like Bill Lumbergh with: "If you could grant me a software patent, That Would Be Great!"

Here is what he wrote:

One of the most disturbing stats related to medical software innovation. Inexplicably, it has been targeted as constituting largely only “abstract ideas” not worthy of patenting. This is another strong indication that the U.S. patent system is sorely in need of a legislative solution to the Section 101 problem that is now a runaway train on course to do major damage to the U.S. patent system and U.S. competitiveness in the technical software arts.



A couple of months later the Bill Lumbergh-like Steve Lundberg wrote in favour of stuff like "STRONGER Patents Act" (promoted also by Bastian Best).

It seems clear that their last remaining hopes are on this piece of legislation that is already being opposed and condemned even by large corporations (except the likes of IBM and Microsoft, which like to shake down companies and extort them for 'protection' money).

Recent Techrights' Posts

Those of Us Who Grew Up Playing Doom Must Remember What Microsoft Did to Its Creator
Doomed by Microsoft
At The Register MS, Fake 'Articles' Sponsored by WIntel (Windows+Intel)
We've meanwhile noticed that there's new sponsored spam in at The Register MS and it might be slop
In Addition to National Delegates, Contact the French or Portuguese Governments (Politicians) Regarding António Campinos
Someone needs to step into the EPO and open up all the closets
EPO People Power - Part IV - Sexism, Chauvinism, and Lines of Cocaine at Europe's Second-Largest Institution
Recently, one reader told us about Berenguer, who made the "mistake" of using cocaine in the open market
The Web Has Become Extremely Rude
If you cannot behave, go offline
Like Clickfraud Spamnil (Swapnil Bhartiya) But for Hate Mongering: What Twitter Has Become
If you still waste time in Social Control Media, consider changing course
EPO People Power - Part II - Talking About Corruption
European media must "grow a pair" and start writing about EPO corruption
 
Links 11/12/2025: Dangerous Flukes by Slop and Bottled Water as 'Placebos'
Links for the day
Gemini Links 11/12/2025: Repairs, Wisdom of the Crowds, and AC Explorations
Links for the day
We Need Your EPO Insider Stories
To date, the EPO and any other company/institution hasn't managed to remove even a single public page that we published
Yes, IBM is Also Laying Off Indians (Even in India)
that goes against the popular/hot narrative of "jobs moving to India"
Microsoft-Sponsored Wikipedia Spam About "AI", Added by Microsoft Operatives
When it comes to Wikipedia, follow the money (sponsors)
Keep on Pushing, EPO Management is in a State of Panic This Week
Contact your representatives today
If You Want Freedom, Follow Richard M. Stallman (RMS)
To be clear, I like Linux, I like its founder
EPO People Power - Part III - Challenging Corruption
The media - as in the national press - isn't interested in writing about it
The Flawed Notion of Criticising for Criticism's Sake
People who are highly critical of things are not "toxic"
A Lot More Than Techrights
you probably also want to follow the RSS feed of the sister site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 10, 2025
IRC logs for Wednesday, December 10, 2025
Slopfarms Parrot Any Number That GAFAM Throws at Them, Even Totally Fictional Figures That Merit Fact-Checking
fake from Microsoft
Microsoft Lunduke Tailors His 'Content' for 4Chan
The latest from Lunduke "Journal"
Richard Stallman Was Also Right About Microsoft GitHub (It's Becoming a Botfarm)
trashing the platform
Democracy and Buzzwords
and hype
Five Years in Gemini Protocol
One might say we escaped to Geminispace 2 years before the deluge of slop on the Web
Keeping Up the Pressure on EPO Management
We want to thank our European readers who contacted their representatives
For New PCs and for Old (or Retro) PCs the Increased Cost of System Memory Benefits GNU/Linux and BSDs
GNU/Linux does not have this problem or barely has this problem
Gemini Links 10/12/2025: "Thousand Mile Journey" and The Art Of Chilling
Links for the day
Moving Away From Content Management Systems (CMSs) and Flocking to Static Site Generators (SSGs)
The SSG 'hype' is not based on marketing but a simple reality
IBM is Laying Off Workers in India (While Spending a Fortune Buying a Company for Buzzwords, a Box-Ticking Exercise)
So what is the overall strategy?
Just a Little Slop About "Linux"
Slop about Linux isn't that common anymore
Links 10/12/2025: McDonald’s Latest Slop Gaffe (After Dumping IBM's Slop) and "Scam Altman’s Panic Sweats"
Links for the day
Circular Funding
Passing around capital that does not exist (for PR's sake, but there are ramifications)
Links 10/12/2025: Ransomware (Windows TCO) Has Crippled Economies, Slop (Fake) "Videos Have Flooded Social (Control) Media"
Links for the day
Y Combinator (YC) Funds Scams, Run by Scammers
Including Scam Altman
EPO People Power - Part I - Identifying Corruption
The EPO, at this stage, is a boat full of holes
IBM Has Become a "Plantation"
IBM is basically being destroyed for some cash at this point
It's Not Too Late to Send an E-mail to Your European Representative Regarding European Patent Office Abuses
If you live in Europe and have not done so already, please contact your national delegates, whose job is (at least on paper) to represent you
Almost a Thousand EPO Workers Have Voted for Industrial Action
Mandate given to SUEPO for action plan to stop the salary erosion of EPO staff
Why So Many Software Projects Are Quitting Microsoft and GitHub
Be more like LibreWolf. Move away from Microsoft and GitHub.
Many of the Attacks on Us Apparently Boil Down to Jealousy
Envy is a negative trait that leads people to self harm
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 09, 2025
IRC logs for Tuesday, December 09, 2025
Valuing One's Work by the Effort or Budget Taken to Undermine It
As long as what we publish is factual, nothing prevents its publication
IBM Says It Buys Another Company for "AI", So Why Does IBM Fire Its Own "AI" Experts?
As people rightly point out, this has nothing to do with "AI"
The Boundaries of Criticism
The harder the EPO will push back, the better the job we must have done
New EPO Series: Mafia Culture, Mobbing, Nepotism, and Illegal Drugs
The series shall start later today
Richard Stallman Was Right About "AI"
"Considering Stallman worked in the MIT AI lab in the era of symbolic AI, and has written GCC (an optimizing compiler is a kind of symbolic reasoner imo), I think he has a deeper understanding of the question than most famous people in tech."
With 3 Weeks Left (Sans Extensions) the Free Software Foundation (FSF) Has Already Raised About Half of the Money Set as Fund-Raising Goal
“Idiots can be defeated but they never admit it.” — Richard Stallman
Gemini Links 10/12/2025: Cranberry Juice and Gramophones
Links for the day
IBM: We Lay Off Tens of Thousands of People the Very Same Week We Spend 11 Billion Dollars (Debt) on "AI" Fantasies, Hiring About 8,000 People at Cost of 1.3+ Million Dollars Per Employee
Seems like IBM is run by fools
Google Still Promotes Plagiarism From WebProNews and Prolific Slopfarms
Google News seems lost and hopeless sometimes
Links 09/12/2025: Tariffs Causing Great Harm and "How to Leave the U.S.A."
Links for the day
Links 09/12/2025: "After the Bubble" (of Slop), "The Internet Forgets"
Links for the day
Gemini Links 09/12/2025: Lunar Observations and Programming
Links for the day
Linux Foundation Has Found a New Business: Pyramid Schemes
Linus Torvalds should have known better
They Won't Tell You This ("Revolution Won't Be Televised"), But the Slop Bubble Already Burst
We already wrote about it twice this morning
UbuntuPIT Started Experimenting With LLM Slop and a Month Ago It 'Died'
This is the typical trajectory of slopfarms
LibreWolf Will Turn Six in March, It Already (Probably) Has Millions of Users
It's not possible to know the number of users LibreWolf has
The Year of the New Dark Age
Something isn't right
Slopwatch May be Doomed
Slop isn't changing the world, certainly not in a good way anyway
BetaNews Still a Dodgy Site, It Seems to be Partly Run by Chatbots
The company that took over apparently tries to "monetise" the domain with slop
Tomorrow the EPO Administrative Council is Meeting to Discuss the EPO, Contact Your National Representative Today
Final versions of the EPO Administrative Council photo gallery
IBM's Total Debt is About to Hit Almost 80 Billion Dollars, the Company Can Only Raise $14.8 Billion Within 3 Months
Route towards insolvency, not just irrelevancy
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, December 08, 2025
IRC logs for Monday, December 08, 2025