Bonum Certa Men Certa

An Uphill Battle for Software Patents in the United States, Except When Catchphrases and Buzzwords Are Used

20 Buzzwords you have to know in Artificial Intelligence
Reference: 20 Buzzwords you have to know in Artificial Intelligence



Summary: Barring or excepting misuse of buzzwords such as Artificial Intelligence, software patents have become incredibly hard to assert in the United States, albeit they're possible to sneak past examiners and then license without any legal challenge

THIS summer, i.e. several months from now, Alice will turn four. The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that.



"The USPTO is still granting some software patents (that ought to have stopped), but the courts as well as PTAB barely tolerate any of that."Watchtroll is still overtly promoting software patents, even in a so-called 'webiner'. It's like a front group. But worry not, they're not getting their way.

One way remains to get software patents past examiners and sometimes judges too. It boils down to semantics; they just try to make software patents sound like something they're not. They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI).

"They use all sorts of catchphrases and buzzwords -- many of which we have named here before. That includes, more recently, artificial intelligence (AI)."It has been particularly hard to overlook or ignore the "AI" buzzword (and media hype) this month. Everywhere one looks in the news -- not just science news -- it's "AI", "AI", "AI"... it's not even a new concept.

Wayne Ramsay, Chief Strategy Officer at Exigent, wrote about "AI" some days ago in relation to law firms. It's time for law firms which neither understand "AI" nor care about "AI" to just say "AI" all the time:

Instead, alternative providers have taken a multifaceted approach to innovation: still applying the FTE billable hour model while slowly shifting to the faster, better quality, fixed-fee model enabled by Artificial Intelligence. [AI]


"We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms."All this hype about artificial intelligence has even reached IAM some days ago ("Patent search: the evolution from manual to artificial intelligence"), not to mention Lexology ("Artificial Intelligence: All Our Patent Are Belong to You 3.0"). This nearly sickening media hype around "Artificial Intelligence" (especially over the past month) is mystifying. Who is pushing this? The concept is many decades old. Why is it all of a sudden like the "next best thing"? We previously hypothesised and showed evidence for "AI" as a buzzword of choice for software patents, along with "machine learning" (ML) and other related terms. A lot of examiners might not be familiar with these concepts, which can make any old idea sound more novel/innovative. I actually implemented "AI" more than 15 years ago when I wrote game engines and wrote papers about machine learning about 15 years ago when working on my Ph.D. Even back then those things weren't particularly cutting-edge. It's statistics. It's mathematics.

We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion.

"We kindly ask examiners as well as other readers not to be misled by buzzwords. They're like fashion."Why does the US still grant some software patents on what's clearly not eligible under Alice? A few days ago I saw this new press release about 4 newly-granted patents on computer vision (my research discipline). Do they really not know that it's just mathematics (matrices)?

How about Walmart applying for a 3D image patent for online grocery? This too was in the news some days ago and again it's computer vision, i.e. software/geometry. Stop granting monopolies on maths...

"As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible."To name one last example, Aterica licenses mMed patents [1, 2] on a "hardware and software platform," which we assume means that some of these patents simply cover software. As it's a blanket/bulk licence, they might be paying for patents that aren't even eligible. This kind of bundling of decent patents with dubious ones has become so common. It's one way to drive up the price of licensing or litigation (for instance, suing or threatening to sue a company with 100 patents, only a handful of which are decent). Patent maximalism is quite a disease and it's antithetical to the theory of incentive. ⬆

Recent Techrights' Posts

Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
ITwire Became Slop and Spam
The site still exists, but it's not what it used to be
W3C Died 20 Years Ago, Now We Live in a Post-W3C Era. Linux Foundation is 'Slop Bros', Now Linux is Becoming Unfree.
Torvalds is on the same side as Epsteingate
Linux Kernel to Hide the Slop to Avoid Backlash, Suggestion Made by Former Microsoft Employee While Another Former Microsoft Employee is Worst Slopper/Culprit in Linux
Did Torvalds listen to slop antagonists?
Microsoft Shutdowns in Africa, Mass Layoffs Also Reported This Week
further shutdowns
 
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day
Reports of Stress and Layoffs at Microsoft, Some People Laid Off Under the Guise of "Ban" (Gift From the Administration) and Many Sacked in India
"pip and gvsa" layoffs in India
We're Way Past the Point Where Companies Announce or Declare Mass Layoffs
Layoffs are becoming hidden
Solicitors Regulation Authority (SRA) Besieged by Blind Justice UK, Politicians Increasingly Involved
"Today we have written to Members of both Houses of Parliament"
Vance Has Helped Microsoft Implement Secret, Silent Layoffs
Nothing excites Microsoft more than means by which to discard many employees without an obligation to tell shareholders about it
To The Register MS, Microsoft is the Only Brand That's at the Main Menu!
Consider that the Editor of The Register MS is a longtime faithful Microsofter
Microsoft's Collapse Will Continue, It's Drowning in Debt Now
Expect many more mass layoffs
Legal Self-Sufficiency
The more impact our work has, the more legal bullying will come our way
Plans for Winter in Manchester and London
From many perspectives, we're satisfied with the certainty and robustness of UK hosting, it's just that we're not yet robust/resistant enough to DDoS attacks
Customer Support Experience in 2026
Because the customer is never right
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Intercontinental Brigading - Part II - An Outline of This Series
What's to come
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day
Mass Layoffs at Microsoft Again (October 2026), So-Called 'AI' Units Impacted Because Slop ('AI') Has No Real Future
So much for the future of Microsoft being "hey hi" (AI)
European Readers, Please Contact Representatives (in One's Nation) Attending the Administrative Council Meeting
Normalising cocaine in in Europe's largest institutions (the people running these) is a slippery slope
Network Plumbing
We hope it'll help speed things up
For Half a Year the European Patent Office (EPO), Europe's Second-Largest Institution, Has Had Water Problems in the Toilets
And it's not being fixed
Intercontinental Brigading - Part I - The Failed Attempt to 'Swat' Our Series About the Attacks and Crimes Committed Against Us
This coincided with threats to our lives
Links 12/10/2026: Strike on Riyadh and GOP Pays Voters ("Surprise $90 Social Security Payments")
Links for the day
Microsoft's XBox CEO Spoke of a "Return to Growth" Last Week, But XBox Sales Lowest in XBox History (Quarter of a Century)
Microsoft's XBox is dying. It's a countdown to nothingness.
Links 12/10/2026: Shopify (Slop Booster) Has Security Issues, "Russia’s Yandex Says Data Center in Vladimir Shut Down After Drone Attack"
Links for the day
"My Hands Are Shaking While Writing" About IBM's Mass Layoffs at Red Hat (Bluewashing)
Shame, shame, shame on the corporate media for not covering Red Hat's layoffs this year
Taking a Look at the Last Articles of Bob Cringely at Forbes, They Were All About IBM and Its Collapse
It's all about IBM
Microsoft Windows Causes Problems (and Delays) to LibreOffice and The Document Foundation
Nothing would please Microsoft more than Windows curtailing the development of LibreOffice and adoption of ODF
So Far This Year Microsoft Windows Lost a Lot of Ground in China, GNU/Linux Gaining at Its Expense
GNU/Linux will soon exceed 10%
Lessons of Margaret Hamilton (Software Engineer)
Stop abetting men who attack women in the sciences
RIP, Bob Cringely
He was too young to leave us, his articles were still brilliant and his mind as lucid as ever
What is "Computer Science"? It is What Broligarchs Reject.
Nowadays some people call themselves informal terms or made-up titles (with terms like "AI" or "big data" or "data" tossed into the mix)
Linus Torvalds Has a Conflict of Interest Regarding Slop
Linus Torvalds is paid by the slop pushers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, October 11, 2026
IRC logs for Sunday, October 11, 2026
Africa Sees GNU/Linux Exceeding 5% "Market Share"
It wasn't always like this. It used to be measured at 1 or 2 percent.
Brigading Against Women - Part XXVII - Americans and Public Executions
"People who work for Facebook / Xitter / Bytedance's Tiktok / Microsoft / Oracle / IBM / Apple / Uber / Lyft / Wolt / DoorDash / AirBnB / Bolt / and so on are doing some world-class projection when they have the audacity to call others Bad People(tm)"