Bonum Certa Men Certa

2017: The Year Software Patents Died Even in the Court Which Started Them

Software patents (1968 -- 2017)

Room that's dying



Summary: Software patents are a dying breed as high US courts tackle them, IP Australia pretty much bans them, and UPC goes the way of the dodo

THE emergent reality that software patents are somewhat of "a thing of the past" was reaffirmed this year by the Court of Appeals for the Federal Circuit (CAFC), which had introduced/affirmed these patents in the first place. When even CAFC says "no!" that ought to really mean something. What will 2018 bring? We don't know for sure, but PTAB will likely get more backing, this time from the Supreme Court. Alice will not be challenged by the Supreme Court.



Software patents and UIs are not patentable or at least not assert-able in a court of law. Apple should know that, but it keeps pursuing such patents based on these new reports. These patents are bunk, they're worthless now. Why bother? Are these just 'trophies' or something to be used/sold in bulk? Digimarc has just just claimed to have been "rank[ed] third for its patent portfolio in the computer software category," even though the criteria/yardstick is ludicrous, as are these patents. Those are software patents, i.e. worthless patents. Some of today's software patents have been 'dressed up' using buzzwords like "AI". There's even this article about it in Korean media, which asserts that South "Korea Files Third-largest Number of AI Patents" and continues:

South Korea has filed the third-largest number of patents and the seventh-largest number of dissertations related to artificial intelligence (AI) technology over the past 12 years, according to a state-run information and communications promotion agency. The country has the base to take off in the AI sector in terms of sheer bulk.

According to information technology (IT) industry sources on December 21, the Institute for Information and Communications Technology Promotion (IITP) said its finding is based on AI-related technologies applied to patent bodies in the United States, Japan, China, the European Union and South Korea from January 2005 to September of this year. The U.S. ranked No. 1 in terms of AI patents, followed by Japan, South Korea, Germany, China, France, the Netherlands, Canada, the United Kingdom and Taiwan.


But so-called 'AI' is a branch of algorithms and is thus unlikely to withstand the scrutiny of a court, not just in the US but also in Korea (similar restrictions). We believe that China remains more or less the only resort/stronghold left for such patents. Even Australia, long regarded as a haven for software patents, changed its policy. We wrote about it earlier this year and last year. IP Kat wrote about the changes last week, but the author/blogger neglected to cover the fact that IP Australia is getting tougher on software patents, instead focusing on the innovation patent system:

They were meant to be the cheaper, faster alternative to standard patents, intended to protect lower level or incremental inventions and promote innovation by SMEs. Yet just like the petty patent system which came before it, the innovation patent system is set to be abolished (or rather 'phased out'). An innovation patent provides fast protection and lasts for 8 years from the filing of the application. An innovation patent must meet the same novelty test as a standard patent, but only needs to possess an 'innovative step' (a lower threshold than the 'inventive step' required for a standard patent). The PC recommended that the innovation patent system be abolished because it does not achieve its objectives and protects innovations that are of low social value.

The proposed amendments will take effect 12 months after the amending Act receives Royal Assent – most likely some time in 2019. The proposed amendments mean that IP Australia will no longer be able to (1) grant an innovation patent on an application having an effective filing date on or after the day the amendments take effect or (2) certify a claim of an innovation patent having a priority date on or after that day (an innovation patent must be certified before it can be enforced). The current regime will continue to operate for existing applications. Also, the existing rights to file divisional applications and convert a standard patent to an innovation patent will remain for any patent/application that was filed before the amendments take effect. So fear not, innovation patent enthusiasts – there will still be innovation patents in effect for up to 8 years after the amendments commence.


The bottom line is, China strengthened patenting of software (and all sorts of other things), whereas everywhere else in the world -- including the US (birthplace of software patents) -- these patents are on their way out. With the UPC collapsing, the EPO's ambitions of spreading software patents to every country in the EU will collapse as well. Merry Christmas and Happy New Year!

Recent Techrights' Posts

Congrats to Linux.org for Adopting or Getting Back to IRC
This is the way the Net ought to work and was originally designed to work [...] IRC as a protocol turns 38 this month
 
The Tragedy of Software Developers Making Up Narratives and Making Excuses for Plagiarism (of Their Own Work, Too)
one lingering issue is that many who vote in Debian GRs receive money from slop companies
Evri Makes Us Optimistic About the Collapse of the Slop Pyramid Scheme (Bubble)
Do not be seduced by false promises of "automation" or "intelligence" where only automation may exist but no intelligence at all
Links 24/08/2026: "Journalism Can Help Expose Bad Science And Trigger Real-World Change"; Further Suppression and Censorship in China/HK
Links for the day
Gemini Links 24/08/2026: Soul Mentality, Words to Live by, Mozz.us Gemlog Resumes, Smol Conversations
Links for the day
Today The Register MS Published Greenwashing Spam for the Slop Pyramid Scheme, It Mentions "AI" 29 Times
More people need to talk about the role of the media in this pyramid scheme
Slop Plagiarism and Chatbots Are Killing Evri (They Infuriate and Insult Clients)
Slop destroys companies and leads to misery (miserable clients, time-wasting)
Links 24/08/2026: Re-defining the IndieWeb and "Data Center Backlash Bursts Into the Midterms"
Links for the day
The Issue With Omarchy is the Slop, the Politics Are a Side Issue
Those corporations do not oppose slop, they participate in it
In South Korea, Steady Increases for GNU/Linux
authorities said they would migrate to GNU/Linux or consider moving in that direction
SLAPP Censorship - Part 160 Out of 200: In Astounding Repetition of Last Year, Brett Wilson LLP Deliberately Ignores Holidays of People It is Attacking and Crushes Principles of Access to Justice
Disconnected from the law
Links 24/08/2026: Vision and Skill, Doing Good, Chiperia Project
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, August 23, 2026
IRC logs for Sunday, August 23, 2026
Gemini Links 23/08/2026: Turning 60, PineTime, and Simulation Hypothesis
Links for the day
Will Your "Modern" New Car Still be on the Road in 2060?
Are people now expected to change a car as often as they replace a mobile phone and, if so, how fast would costs add up?
The Sniff Test
Be sceptical of "CoCs"
Cloudflare Sees a Quarter of Requests in China Coming From GNU/Linux Today
Will 23% ever be the average for GNU/Linux rather than a mere peak?
You Can Lose Some Battles and Still Win the War
Winning or losing isn't something for a scoreboard
GNU/Linux Usage Measured at 23% in Russia Today
the average was almost 10%
Things Not to Fear Missing Out on
Life is too short to pay attention to social control media
Gemini Links 23/08/2026: Exercising Again, Tackling Phone Addiction, and Putting Graal Online Back Online
Links for the day
Northern Africa: GNU/Linux Measured at Around 5%
by Clownflare
PIPs and Lawsuits: On the Future of IBM Trying to Spit Out Its Own Staff at Minimal Cost
"I'd rather be laid off than be put on a PIP"
France: GNU/Linux Averaging at 7%, Peaked at 14% Today
When will 14% be the average?
Links 23/08/2026: Water Crises, Illegal Tariffs, and Carney Confronts US Over Patent Imperialism
Links for the day
Links 23/08/2026: Slop "Children's Stories Contain Bizarre Patterns" and "Butterflies at the One Garden"
Links for the day
SLAPP Censorship - Part 159 Out of 200: Telling Courts False Information and Spoon-feeding Them Insults, Hoping or Expecting Them to Repeat These Insults
When lawyers trick courts into repeating something false
Microsoft is in Double Trouble in Singapore
Android+GNU/Linux+ChromeOS are near 20%
The Slop Industry Bribed the Media to Pretend It Has Something New and Revolutionary. Now It Bribes Politicians Too. Anything to Avoid Scrutiny and Regulation.
borrowed money has long been used to bribe the media
"AGI" is Decades Old and It Never Found a Viable Business Model or Real, Actually Useful Use Cases
I keep reminding people of local firms (right here in Manchester) doing the same thing the media now calls "AGI"...
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, August 22, 2026
IRC logs for Saturday, August 22, 2026
Microsoft to Its Workers in April-May: You're Too Old, Go Away. Microsoft in August: Young People, Go Away.
What does this company even sell anymore?
Clownflare Data US-Centric
We are assuming that for national security reasons not many sites in Chinese (or based in China) outsource their traffic to Clownflare
Gemini Links 22/08/2026: Broken Car, Devuan, and Thundermail
Links for the day
Links 22/08/2026: Prince Harry, Elton John and Others Pay High Price for Frivolous Litigation in the UK
Links for the day
'Voluntary' Mass Layoffs at IBM/Red Hat
IBM does not want people to notice what truly goes on there
Another Round of GAFAM Layoffs, This Time Apple
Now Apple "is shutting down an entire Vision Pro team focused on developing gaming features for the mixed-reality headset."
Gemini Links 22/08/2026: The Bodyguard (1992), Minimalism, Backups, and IPFS
Links for the day
SLAPP Censorship - Part 158 Out of 200: Making Alliances With Men Arrested for Strangling Women Was Always a Terrible Strategy
They work for American slop companies
Links 22/08/2026: TikTok Settles With Feds, Harms Caused by Social Control Media Gaining Attention
Links for the day
New Data Shows Microsoft's XBox is Really Dying
XBox is a "burning platform"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 21, 2026
IRC logs for Friday, August 21, 2026