Bonum Certa Men Certa

Buzzwords Are Used to Patent Software in the US, Courts Continue to Reject These, and Alice is Secure

What's that buzzing?

Fly buzzing



Summary: Buzzwords such as "AI" continue to pave the way to more bogus patents (USPTO grant numbers soar to new record), but the legal system remains resistant to these and Alice -- contrary to some misinformation -- isn't at risk from the US Supreme Court (SCOTUS)

THE focus here has, over the years, moved to Europe, but we still watch the USPTO closely, especially because of patent trolls and software patents (some have dubbed them "software patent trolls" to signify the correlation between the two phenomena).



As another reminder of how patents harm progress in technology (several domains affected and especially software), consider this short report from Phoronix. It is about a patent which is about to expire:

If you need an extra reason to celebrate this weekend, next week the notorious S3 Texture Compression (S3TC) patent is set to expire!

S3TC has been a thorn in the side of open-source graphics driver developers for years. It's resulted in a nasty wreck that's long been problematic for both drivers and users from a legal perspective.


Compression is software, obviously. When combined with physical graphics cards (not drivers) -- some might falsely argue -- it's then magically "non-abstract" or "hardware".

The truth of the matter is, the US continues to grant software patents. Not only "hardware" or "device" is the loophole; we previously mentioned "over the Internet", "on a phone", "in a car" etc. There's also that old bunch of buzzwords like "cloud", "AI", and "IoT". They keep coming up with all sorts of new terms that still allude to things which existed decades ago.

According to these latest figures which Patently-O has charted, the USPTO bubble continues to grow. A lot of awful patents are granted. Throwing them out? That's left for PTAB (the board) and the courts to do.

Consider this new example from Patently-O. "You can read Claim 1 for yourself," it says, "but my quick review lets me classify the patent as quite low quality; very difficult to infringe; and likely invalid under 101 (abstract idea)."

So the USPTO bubble continues its growth ("Record Year for PTO Grant Numbers" as Patently-O has just put it), even though innovation isn't peaking or soaring, it's just patent maximalism.

The main novelty nowadays seems to be marketing and aliasing/terminology. They find new ways to refer to things and we are going to present some examples of that.

Watchtroll, as of 4 days ago, wanted people to bypass the rules to get software patents and then dodge quality control by PTAB. They're very blatantly open about it; even the headline: "A Revolutionary Approach to Obtaining Software Patents Without Appealing to the PTAB" (in other words, cheat a little).

Watchtroll also attacked Elon Musk on the same day, having done the same to Mark Cuban because he does not agree with Watchtroll's 'religion'.

Anyway, pressing on with some loophole examples, last week IP Watch wrote about patents on driving -- a subject we covered here before. Lots of software patents are nowadays disguised (for supposed novelty) as "on a car", pretending it's all novel because "AI" or physical because "automobile" etc.

These same old buzzwords that are nowadays being used to sneak in patents on software ("AI", "cloud" etc.) need to be understood by patent examiners. They're pretty meaningless buzzwords. They don't even allude to anything so new.

How about this nonsense 'news' item which was crossposted in at least three places last week [1, 2, 3]? Just look at it. It speaks of a patent on "Industrial Internet of things (IIoT)" -- a concept or buzzword I never even heard before.

To quote: “We're excited to receive recognition of our innovation and will continue to pursue our goal to create the most advanced Industrial IoT software available, as well as to protect its value with registered patents,” says Avner Ben-Bassat, President..."

Someone wrote to me the following message about it:

*sigh* I'm an automation engineer and hear IIoT all. the. time. And it's just marketing BS for instrumentation networks that have evolved over the last 25 or so years to encapsulate comms in IP. It is not a new concept.

And the patent in the press release you linked to is BS too. Plant performance systems have been deployed for about 20 years as well. Rockwell probably has prior art and maybe even patents that are close to or already expired for example.



A few days ago, in the EFF's "Stupid Patent of the Month" series, the EFF and friends berated the use of the term "AI". They explained how the term Artificial Intelligence (AI) is misused in the pursuit of software patents, or at least that's we see between the lines. To quote:

We have written many times about why the patent system is a bad fit for software. Too often, the Patent Office reviews applications without ever looking at real world software and hands out broad, vague, or obvious patents on software concepts. These patents fuel patent trolling and waste. As machine learning and artificial intelligence become more commonplace, it is worth considering how these flaws in the patent system might impact advances in AI.

Some have worried about very broad patents being issued in the AI space. For example, Google has a patent on a common machine learning technique called dropout. This means that Google could insist that no one else use this technique until 2032. Meanwhile, Microsoft has a patent application with some very broad claims on active machine learning (the Patent Office recently issued a non-final rejection, though the application remains pending and Microsoft will have the opportunity to argue why it should still be granted a patent). Patents on fundamental machine learning techniques have the potential to fragment development and hold up advances in AI.

As a subset of software development, AI patents are likely to raise many of the same problems as software patents generally. For example, we’ve noted that many software patents take the form: apply well-known technique X in domain Y. For example, our Stupid Patent of the Month from January 2015 applied the years-old practice of remotely updating software to sports video games (the patent was later found invalid). Other patents have computers do incredibly simple things like counting votes or counting calories. We can expect the Patent Office to hand out similar patents on using machine learning techniques in obvious and expected ways.



Why are such "stupid" patents being granted at all?

Why are such patents being glorified?

A week ago this news site praised a lady, saying that "Hoover was awarded one of the earliest software patents" as if such patents are a source of pride (Martin Goetz certainly loves his first-ever software patent). The general consensusview of software patents is very negative. It's typically the patent maximalists who promote these, along with patent trolls.

The other day Bryan Lunduke wrote: "Perhaps the solution is in the complete abolishment of computer hardware and software patents" (in a mainstream publication).

In contrast to this, the patent 'industry' published self promotion in AOL, ending with a completely shameless 'plug':

As I said, it’s not that you can’t get a software patent, but it may not be the best solution. Your best bet is to go over your options with an intellectual property attorney.

LawTrades can connect you with a qualified IP attorney that can answer your questions and guide you in the right direction. Our marketplace of attorneys differs from traditional law firms because they don’t have the outrageous overhead and you will have direct access to your attorney.


Software patents are a waste of time and money in the US. That's because the courts almost always discard them these days. But law firms don't want to say this. It's not good for their business. If software patents are no more, or at least not effective, then they might have to change jobs. Here is a press release from 5 days ago that says "Bednarek began his career in the early 1980s as patent examiner at the U.S. Patent and Trademark Office, examining some of the first software patents granted by the agency."

These patents, a few decades later, are not just expired. Patents like these are considered to be an impediment to free speech and are being invalidated almost every day. Is there any upcoming threat to Alice. Well, some want us to believe so, having published (just a few days ago) an article titled "SCOTUS to decide whether Alice-focused case is ripe for review"

There are claims that this case might lead to Alice being reconsidered/revisited (which we strongly doubt), but looking at the actual substance of the case, it's that same old case which we said isn't about software and is only being framed as software by those who intentionally twist the facts and attempt to undermine Alice that way. To quote:

The US Supreme Court could decide to take on a case that re-visits the landmark 2014 Alice v CLS Bank decision, which rocked the computer software patent industry.

Synopsys, an electronic design automation company, petitioned the court to “examine whether an otherwise revolutionary technological breakthrough is not an ‘inventive concept’” under the second step of Alice “merely because the court believed the breakthrough could theoretically be implemented without a computer”.

It stems from a dispute with rival Mentor Graphics, which Synopsys accused of infringing US patent numbers 5,530,841, 5,680,318, 5,748,488, and 6,836,420, relating to logic circuits.


Even if the Supreme Court was ever to deal with this case, it's nothing like Alice. It's a lie.

Speaking of the Supreme Court, this new article speaks of the decline of the doctrine of equivalents (covered here recently) two decades down the line:

Some recent Federal Circuit decisions as well as a petition to the Supreme Court suggest the doctrine of equivalents is not dead in the US, despite a declining number of decisions referencing the doctrine since Warner-Jenkinson in 1997

The number of US patent decisions referencing the doctrine of equivalents has been falling for two decades.


In the UK Supreme Court, in the meantime, patent scope on is the line, so 3 patent maximalists (Kingsley Egbuonu, Michael Loney and James Nurton) weigh in, also in relation to the doctrine of equivalents (partly in relation to the UK, but the EPC is mentioned as well):

The Supreme Court’s decision in Actavis v Eli Lilly introduced a doctrine of equivalents and arguably also established a doctrine of prosecution history estoppel in the UK. Over the following 19 pages we look at the law across Europe, and the impact the decision might have.


As usual, it's behind a paywall, so only the patent microcosm will read this, rendering the rest of us unable to properly scrutinise it.

Recent Techrights' Posts

EPO "Cocaine Communication Manager" - Part I - Getting the Word Out About What the 'Alicante Mafia' Did to Europe's Second-Largest Institution
Can't everyone in the European media agree that letting cokeheads run Europe's second-largest institution is a terrible idea?
 
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026
Microsoft's Bing Down to 0.5% in Armenia
Microsoft does not want shareholders to see this
Libel by Bots: Unexplored Legal Area?
Liability can be traced back to the operator
Maybe Obvious, But Merits Repeating: A Lot of "Demand" for Slop is Faked, Manufactured, Fabricated by Dark Patterns, Bundling, Media PR (Deception/Hype) Campaigns
Over the past few years many products and services got rebranded as "AI"
xAI and X (Twitter) Live on Borrowed Time, It'll Get a Lot Worse Fast
Being associated with a child porn site formerly known as "Twitter" is odorous to say the least
Microsoft is Lobbying Brussels via Opensource.org and OSI
The new (GAFAM) management at OSI is not serving the OSI's original mission
Will Lockett's Newsletter: Microsoft became Microslop and Windows users are "flocking" to GNU/Linux "to escape the mess"
"Users are fed up and jumping ship from Windows to Mac or Linux. In fact, it appears that Windows has lost 400 million users since 2022!"
Photographic Collections
There are going to be over 100,000 JPEG, PNG, and GIF files by the time we turn 20
Norway Curbs Social Control Media as It Harms Norway's Society
A decrease from 11% to just 1.87% is possible to reason about
Accomplishments of Our Community
Why I enjoy writing in Techrights
Microsoft Invented a Slop CEO ("AI CEO") Because Real Interest in Slop is Waning, So It's Just Faking Its Prominence
It's noise
Google Promoting Slop, Not Journalism
The truth of the matter is, Google is part of this problem and it doesn't seem to care
Another IBM Company (Spawned by IBM) is Hiding the Scale of Layoffs, Just Like Red Hat and Kyndryl
Why is the scale of the layoffs there shrouded in secrecy?
Links 14/02/2026: Financial Woes in Hong Kong and "Hong Kong Journalists Face ‘Precarious’ Future After Jimmy Lai Jailed"
Links for the day
Gemini Links 14/02/2026: Fish Shell and Meta Slash-commands
Links for the day
Links 14/02/2026: "Bias and Toxicity in" Slop, Microsoft's Vista 11 System Update Breaks Systems Again
Links for the day
Links 14/02/2026: "Suppression of Free Speech" and "Climate Change Puts Winter Games on Thin Ice"
Links for the day
Richard Stallman in the United States - Part I - Huge Audience (Offline and Online), 'Cancel Culture' Attempted and Failed
the comeback of Richard Stallman (RMS) in the United States
GitHub Cannot Survive for Much Longer
Microsoft is trying to just hide the debt
Ed Zitron: Microsoft Is A Decaying Empire That Bet The Future On Making In Excess Of $500 Billion In New Revenue Within The Next 4 To 6 Years From AI — And It Hasn’t Made A Dime In Profit Yet
Microsoft bets its future on a bunch of nothing
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 13, 2026
IRC logs for Friday, February 13, 2026
Gemini Links 14/02/2026: "Throwback VR Headset" and OFFLFIRSOCH 2026
Links for the day
IBM's Accounting Claims Don't Add Up
IBM is an enigma. To Wall Street is claims to be doing extremely well, but insiders tell the complete opposite.
Links 13/02/2026: "Cofounders Fleeing MElon’s xAI" and IOC Opposes Solidarity With Ukraine's Fallen
Links for the day
IBM is Becoming "Garbage In, Garbage Out" (GIGO) "Just like Arvind and Krabanaugh." (CEO and CFO, Respectively)
There are some decent new comments about IBM this morning
Gemini Links 13/02/2026: Square Function with Diode Network and Calls Against Discord
Links for the day
Links 13/02/2026: SUSE Uses Microsoft Internally, MElon's Company Helps Turn Epstein Files Into Child Abuse (After the Pornography Scandals)
Links for the day
If Your Company Lost About 30% of Its 'Value' in 3 Months, Then Maybe It Was Never Worth What You Claimed
Does that make sense?
Pleroma is Dying
The last social control media that I joined was Pleroma
African Browser Choices Show a Growing Problem in the World Wide Web
World Wide Web (WWW) becoming little but a transport layer for a particular proprietary application (Google Chrome) [...] we're back to the late 1990s
Asia and Social Control Media
statCounter reckons it's down from over 10% to just 3% since it began tracking those things
If You Want Digital Freedom, Then Follow Richard Stallman, the "Linux" Brand Has Changed and OSI is Microsoft (GitHub)
If you want something stable and predictable, then stick with GNU, the GPL, and GCC
Solicitors Disciplinary Tribunal and SRA Failing to Curb SLAPPs Against People Who Expose Wrongdoing
We'll soon show messages that we transmitted to politicians
Beware the Latest IBM SPAM, IBM is Already Down "After Hours"
After a harsh day in Wall Street IBM's shares area already down again (after trading hours)
Radicalism in Our Communities is Mostly Corporate, Not Grassroots
Infiltration and systematic destruction can be shallowly painted as "inducing manners"
Anonymous Threats Against My Wife and Against Yours Truly
Promoting GNU/Linux and condemning people who attack GNU/Linux is not a crime
Decades-Long Microsofter (Darryl K. Taft) and TIOBE Conflate Microsoft GitHub (Proprietary) With FOSS in Microsoft-Sponsored 'News' Site
We do not intend to do a lengthy debunking because we covered this subject several times in the past
Life Gets Better After Social Control Media
Don't become part of these experiments
statCounter Suggests Americans Are Dumping Social Control Media
Are Americans getting fed up with social control media and quitting in droves?
Back Doors and Fake Security
They've militarised everything, even people's home computers
Cost-Cutting and Book-Cooking at IBM
It's like cutting salaries by more than 50%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 12, 2026
IRC logs for Thursday, February 12, 2026
Microsoft Cuts Continue, Visitor Center in Redmond Shut Down
This goes on and on, leading up to the next giant wave of mass layoffs