Bonum Certa Men Certa

To Save Face, USPTO Ought to Stop Granting Software Patents Altogether

The US Supreme Court (SCOTUS) needs to be respected by the patent office, not just the courts

Guilt presumption



Summary: The US patent office continues to grant patents that are obviously not patent-eligible, causing innocent parties to be sued and sometimes settle out of fear or lack of funds (for legal defense)

THE USPTO is trying to mislead itself (and the public) with this new 'report' which was compiled with input from not a single scientist (almost). In spite of Alice, Section 101 is still a subject of 'debate' and in the mean time, in spite of very high rejection rates in courts, USPTO examiners continue granting software patents. We have heard from EPO examiners that the same thing happens in Munich (under pressure from management). How long can this charade go on for?



"How long can this charade go on for?""Only the software per se – that is, the source code – is excluded from patentability" in Brazil, according to this new article from a firm marketing itself. Yesterday it wrote this:

Only the software per se – that is, the source code – is excluded from patentability. Any technical result obtained from a given software can be patented (eg, a method carried out by software instructions and systems or devices affected by software instructions). The Brazilian Patent and Trademark Office (BPTO) Examination Guidelines state:

“An industrial creation – process or product associated with the process – implemented by a computer program, which solves a problem found in the technique not solely concerning the way in which this computer program is written, can be considered an invention.”


The term "per se" is also used by India's patent office; in Europe it's "as such" (and similar in New Zealand). All these loopholes are a disservice to patent quality and certainly to the software profession (my profession).

"All these loopholes are a disservice to patent quality and certainly to the software profession (my profession)."As the EFF's Daniel Nazer showed earlier this week, software patents from HP make both the company and the USPTO look like they're not doing their job. Lo and behold: "Stupid Patent of the Month"

On July 25, 2017, the Patent Office issued a patent to HP on reminder messages. Someone needs to remind the Patent Office to look at the real world before issuing patents.

United States Patent No. 9,715,680 (the ’680 patent) is titled “Reminder messages.” While the patent application does suggest some minor tweaks to standard automated reminders, none of these supposed additions deserve patent protection.

[...]

The ’680 patent comes from an application filed in July 2012. It is supposed to represent a non-obvious advance on technology that existed before that date. Of course, reminder messages were standard many years before the application was filed. And just a few minutes of research reveals that QR codes were already used to encode information for reminder messages. For example, QRickit suggested using QR codes for calendar events and reminders (with the option of adding additional information beyond the event descriptor). This 2011 article suggests using QR codes to embed information such as “assignments for the week.” The only even arguable difference from the prior art is that the patent’s claims require the “article data” to be received after the event data. In our view, that is not a distinction that warrants the government-granted monopoly power inherent in a patent.


So more than 3 years after Alice the USPTO continues granting such utterly ridiculous software patents?

"The reckless granting of software patents in the US needs to stop."How can this be excused? Certainly, if courts or even PTAB looked into it, they would quickly invalidate the patent. But probably, as is often the case, if such a patent is used against an individual or a small company, he/she/it would not be able to afford a legal battle or challenge and would rather settle.

Then there's the ITC's latest controversy, which is still in the news this week because it shows sheer disregard for PTAB. The ITC is not a patent court but an imperialist apparatus for giant corporations like Microsoft, Apple, and Cisco (to embargo rivals by).

"Why can the USPTO not keep up with the Supreme Court of the country?"The reckless granting of software patents in the US needs to stop. The Justices have already spoken on the matter and various determinations from the Court of Appeals for the Federal Circuit (CAFC) have reaffirmed this position since.

In the mean time, here comes another lawsuit involving software patents. It was announced yesterday as follows: "The complaint asserts that Keysight and Ixia's ThreatARMOR, Vision ONE, and Application and Threat Intelligence products and services are infringing at-least four key patents owned by Centripetal Networks. These patents generally relate to protecting networks by quickly identifying new network security threats, identifying compromised hosts, and dynamically managing massively scaled network security policies."

Pure software. Bunk!

Why can the USPTO not keep up with the Supreme Court of the country? This is what it leads to...

Recent Techrights' Posts

The World's 'Richest Country' Chooses GNU/Linux
This has gone on for quite some time
Apple's LLM Slop Told Us Luigi Mangione Had Shot Himself, BetaNews Used LLMs to Talk About a Dead Linus Torvalds
They can blame it on some bot
 
A Strong and Positive Closing for the Year's Last Week
In a lot of ways this year was a good one for Free software
Feels Too Warm for Christmas
Christmas is here, no snow in sight
Links 23/12/2024: 'Negative Time' and US Arms Taiwan Again
Links for the day
Links 23/12/2024: The Book of Uncommon Beings, Squirrels, and Slop Ruining Workplaces
Links for the day
Links 23/12/2024: North Korean Death Toll in Russia at ~1,100, Oligarch Who Illegally Migrated/Stayed (Musk) Shuts Down US Government
Links for the day
Richard Stallman on Love
Richard Stallman's personal website includes a section that lists three essays on the subject of love
Microsoft, Give Me LLM Slop About "Linux" and "Santa", I Need Some Fake Article...
BetaNews is basically an LLM slop site
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, December 22, 2024
IRC logs for Sunday, December 22, 2024
Technology: rights or responsibilities? - Part XI
By Dr. Andy Farnell
GNU/Linux and ChromeOS in Qatar Reach 4%, an All-Time High
Qatar has money to spend, but not much of it will be spent on Microsoft, or so one can hope
Links 22/12/2024: Election Rants and More Sites Available via Gemini
Links for the day
Links 22/12/2024: North Pole Moving and Debian's Joey Hess Goes Solar
Links for the day
This 'Article' About "Linux Malware" is a Fake Article, It's LLM Slop (Likely Spewed Out by Microsoft Chatbot)
They're drowning out the Web
Early Retirement Age: Linus Torvalds Turns 55 Next Week
Now he's almost eligible for retirement in certain European countries
Gemini Links 22/12/2024: Solstice and IDEs
Links for the day
BetaNews: Microsoft Slop is Your "Latest Technology News"
Paid-for garbage disguised as "journalism"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, December 21, 2024
IRC logs for Saturday, December 21, 2024
Links 21/12/2024: EU on Solidarity with Ukraine, Focus on Illegal and Unconstitutional Patent Court in the EU (UPC)
Links for the day
[Meme] Microsofters at the End of David's Leash
Hand holding the leash. Whose?
Deciphering Matt's Take on WordPress, Which is Under Attack From Microsofters-Funded Aggravator
the money sponsoring the legal attacks on WordPress and on Matt is connected very closely to Microsoft
Gemini Links 21/12/2024: Projections, Dead Web ('Webapps' Replacing Pages), and Presentation of Pi-hole
Links for the day
American Samoa One of the Sovereign States Where Windows Has Fallen Below 1% (and Stays Below It)
the latest data plotted in LibreOffice
[Meme] Brian's Ravioli
An article per minute?
Links 21/12/2024: "Hey Hi" (AI) or LLM Bubble Criticised by Mainstream Media, Oligarchs Try to Control and Shut Down US Government
Links for the day
LLM Slop is Ruining the Media and Ruining the Web, Ignoring the Problem or the Principal Culprits (or the Slop Itself) Is Not Enough
We need to encourage calling out the culprits (till they stop this poor conduct or misconduct)
Christmas FUD From Microsoft, Smearing "SSH" When the Real Issue is Microsoft Windows
And since Microsoft's software contains back doors, only a fool would allow any part of SSH on Microsoft's environments, which should be presumed compromised
Paywalls, Bots, Spam, and Spyware is "Future of the Media" According to UK Press Gazette
"managers want more LLM slop"
Google Has Mass Layoffs (Again), But the Problem is Vastly Larger
started as a rumour about January 2025
On BetaNews Latest Technology News: "We are moderately confident this text was [LLM Chatbot] generated"
The future of newsrooms or another site circling down the drain with spam, slop, or both?
"The Real New Year" is Now
Happy solstice
Microsoft OSI Reads Techrights Closely
Microsoft OSI has also fraudulently attempted to censor Techrights several times over the years
"Warning About IBM's Labor Practices"
IBM is not growing and its revenue is just "borrowed" from companies it is buying; a lot of this revenue gets spent paying the interest on considerable debt
[Meme] The Easier Way to Make Money
With patents...
The Curse (to Microsoft) of the Faroe Islands
The common factor there seems to be Apple
Electronic Frontier Foundation Defends Companies That Attack Free Speech Online (Follow the Money)
One might joke that today's EFF has basically adopted the same stance as Donald Trump and has a "warm spot" for BRICS propaganda
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, December 20, 2024
IRC logs for Friday, December 20, 2024
Gemini Links 21/12/2024: Death of Mike Case, Slow and Sudden End of the Web
Links for the day