Bonum Certa Men Certa

The Software Patents/Litigation Industry is Dying in the United States and China Takes This Heavy Burden

Who wants predatory law firms to steer policy anyway?

UPC impact



Summary: A bogus litigation 'industry' which merely destroys the software (i.e. real) industry is being scuttled by the Supreme Court; China foolishly enough takes this 'crown', essentially creating its own 'Eastern District of Texas' in Beijing

TECHRIGHTS typically focuses on the USPTO in the weekends. As we noted yesterday afternoon (Sunday), the USPTO bubble continues to grow like it's a race towards zero patent quality. Sure, the courts say "No!" to such patents, but once granted it's expensive to prove that these patents are invalid (especially barring petitions to PTAB).



This USPTO bubble worries us. It's like examiners aren't paying attention to what their Supreme Court keeps saying. They're granting patents on almost everything, even software. Their managers try to tell us that a higher number of patents means more innovation, but everyone with a clue knows that it's a lie. Yesterday, Patently-O showed the design patents bubble -- a bubble which may very soon burst because of the Supreme Court. On the same day an Apple fan site bragged about such patents, but there's no innovation there , it's just a sort of 'insurance' for when Apple is a patent predator with no actual products.

What also worries us are reports like this one from this morning. Nigeria seems to think that it needs lots of patents because “[m]ost of the technology transfer agreements handled by NOTAP are mainly on software licensing with a huge sum of money being paid to the foreign software owners in order to encourage local software development."

Well, software patents are not valid and many of these deals are to do with copyrights, not patents. It doesn't look the writer is familiar enough with this topic.

In other news, this Watchtroll rant from yesterday was rather revealing. It certainly sounds as though patent parasites are going out of business and moan about it. After Alice and other such decisions they no longer see demand for litigation. To quote:

Today, I no longer receive these calls. There could be a few reasons why. One certainly could be that my practice has evolved over the years to concentrate more on contentious matters. I’ve spent less time on the front lines of patent prosecution as a result.

But I suspect the main reason is that inventors are giving up an expectation that patent protection is even worthwhile. And I get it. If I were to get a call these days, I could no longer paint a rosy picture for would-be patentees.


Good. I hope these people go out of business very fast. All they do is cause agony to many people and small companies. Patent lawsuits (or threats thereof) aren't productive, yet this is the kind of thing Watchtroll keeps lobbying for.

This morning we also saw this self-promotional 'article' (if that can be called an article at all) about patent parasites who are trying to leverage software patents for personal gain, at the expense of actual developers. "The Halcyon strategy," it says, "is really based around small niche plays like software patents. It's a David-vs.-Goliath type of story. It nicely aligns with our view of helping the little guy to fight the big software providers."

What they mean to say is, they'll take money from poor people to initiate pointless litigation which would likely go nowhere because of Alice. But what do they care...? They get paid even if the cases are lost. It's important to remind people not to be misled by these opportunistic law firms; software patents are neither worth the time nor justify the expense. Save the money for something else like research and development.

As noted the other day (Sunday), the EFF finally takes on so-called "AI" patents. They're just software patents disguised as "AI". These patents must be rejected, not granted at all. It turns out that the patents-savvy reporters have begun reporting on this:

Each month, the patent lawyers at the Electronic Frontier Foundation shine a spotlight on one particular patent they believe is a drag on innovation. This month, they're looking at one of the fastest-growing sectors of technology: machine learning and artificial intelligence.

EFF lawyer Daniel Nazer has picked out an artificial intelligence patent belonging to Hampton Creek, a San Francisco food-tech company that markets products under the brand name "just." US Patent No. 9,760,834 describes what the company calls its "machine-learning enabled discovery platform" and ways of discovering new ingredients.


Let's face it. The US is no longer a place for software patents. Even if such patents get granted (which happens a lot, especially when assessed by the USPTO) they are very unlikely to endure scrutiny at PTAB and/or the courts. China, however, is another matter. As we argued yesterday, China is now granting lots of terrible patents and also advertises friendliness towards plaintiffs (same as in the Eastern District of Texas). IAM has in fact just published this overview in which there's the following section about software and business methods:

To what extent can inventions covering software or computer-implemented inventions be patented?

Software, computer programs and program instructions per se are categorised as ‘rules and methods for metal activities’ and are not patentable subject matter. Nevertheless, inventions that are implemented wholly or partially through software can be patentable if they involve a technical character.

The conventional method for drafting a product claim relating to a computer program is to present a claim defining more than one functional component, each of which corresponds to a step in a computer-implemented method. This approach may be unfavourable when it comes to litigation, due to the difficulty in identifying counterparts of the software components in the relevant product.

In April 2017 the revised Guidelines for Patent Examination came into effect and the means for drafting software-related or computer-implemented claims have since become relaxed. According to the revised guidelines, computer-readable media carrying program instructions – which were previously excluded from patent protection – have become patent eligible. In addition, claims seeking to protect an apparatus comprising a memory in which computer-executable instructions are stored and a processor configured to perform actions on execution of the instructions are now acceptable.

To what extent can inventions covering business methods be patented?

Inventions covering business methods are not excluded from patent protection, provided that they involve a technical character. If a claim relating to a business model contains not only business rules and methods, but also a technical feature, it will be eligible for patent protection. However, business methods implemented with general computer and internet technology and with no improvement in terms of technical aspects may still be rejected – usually on the grounds of lack of inventiveness, rather than patent-ineligibility.


When the patent microcosm moans about "China!" (it's happening more and more this year) it basically means to say that the litigation and trolling 'business' moves there. Good riddance. Nobody needs that yoke in his/her own country. It's just self-harming and self-defeating.

With the UPC, Battistelli hopes to create his own Eastern District of Texas-like network of courts, with one based in Paris. He doesn't care if that completely dooms the EPO and the European economy. Battistelli certainly acts like a stooge of the litigation 'industry' and he surrounds himself by cronies who are not scientists and are barely qualified for their job. Many of them are French.

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?
 
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
Mainstream Media Intentionally Ignoring EPO Strikes
“EPO on Strike!”
Jeffrey Epstein crypto disclosure: uncanny timing, Bitcoin demise, pump-and-dump, ponzi schemes
Reprinted with permission from Daniel Pocock
Gemini Links 12/02/2026: Avoiding Coffee, Trying Ubuntu, and "Open Source Robot"
Links for the day
Microsoft Slop CEO Speaks of Layoffs
They will go along with the "replaced by AI" baloney
In Systematic Contempt of the British High Court, Brett Wilson LLP Spent Two Years Lying to Courts and Breaking Rules Against Us
We criticise Brett Wilson LLP quite lot because of its conduct
IBM Kyndryl as "Aggressive “Enron” Accounting"
IBM Kyndryl continues to nosedive today
Relationships evidence: Tiago, Tassia, Thais, Antonio & Debian favoritism, nepotism
Reprinted with permission from Daniel Pocock
Debian pregnancy cluster: why it is public interest
Reprinted with permission from Daniel Pocock
IBM Bubble Deflating After James Kavanaugh's Accounting Trick With 'Toxic Assets' Comes Under SEC Scrutiny
If something goes up based on false speculations, bonus numbers and self-serving lies, then it'll come back down, eventually...
The EPO's Corruption and Violation of Rules is Spreading to the United Kingdom (Software Patents)
Yesterday a letter was sent to the chief regarding salaries while reminding him of the next strike, which is only 11 days away
State of the Slop, Slopfarms Containment
Slopfarms still exist this year, but their visibility is limited
IBM Continues Tanking Today, Already $58+ Lower Than Recent High, Insiders Explain Why
The same CFO from the inception of Kyndryl is still the CFO at IBM
Links 12/02/2026: Pushback Against, "NATO Is Expected to Step Up Arctic Security"
Links for the day
Links 12/02/2026: "Microsoft Just Forked Windows" and Windows Notepad is a Giant Security Hole
Links for the day
Put Criminals in Prison, Not People Who Report the Crimes
Can people be sent to prison for opposing crime?
Windows Has Become Increasingly Irrelevant
There's a very massive wave of layoffs coming Microsoft's way
Our Most Successful Year Ever
The hired guns in London are eager to turn the UK into another China
Slopfarms Waning, But Not Extinct Yet
Metrics show that usage of LLMs is declining
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, February 11, 2026
IRC logs for Wednesday, February 11, 2026