Bonum Certa Men Certa

Hype and Buzzwords Help Disguise Software Patents in the United States, But PTAB Discards Them Regardless

Trying to make algorithms sound a lot more complicated and sophisticated than they really are

The hype



Summary: Using hype and relying on the notion that novelty is implied from fashionable 'IT' trends (like 'cloud', 'AI' and so on), companies continue to receive software patents, but what happens when closer/stronger scrutiny is applied?

ANY time the USPTO grants a software patent it makes us curious; such patents are noteworthy because these are almost never described as software patents. They use buzzwords and misleading terms (the EPO does the same, e.g. with 'words' like "ICT", "CII" and "4IR"). We have repeatedly named some of the buzzwords that are commonly used in the US. Examiners need to watch out and wise up; don't be taken for fools by attorneys.

Software patents ("per se" or "as such") are globally shunned, but they are now formally allowed in China. Not only are these patents counterproductive; they actively harm innovation. But in China, like in the US, the blockchain hype is being exploited to patent algorithms. As one article has just put it:

Apparently, Bank of China, one of the most important commercial banks in the country and the fourth largest, has the intention to work on a solution to scale blockchain systems. The bank has filed a patent application for this process that may help blockchains to scale.


Software patents. A rose by any other name would smell as sweet...

Here's another new example where software patents are being painted as "drones". The key admission:

"We've effectively made a $1,200 piece of hardware perform like something costing 50 times as much, simply because of our patented software driving the UAS. No one else is doing anything like this," he says.


So it's software. No matter if "[n]o one else is doing anything like this," it's still not patent-eligible.

Another new example comes from PeerLogix's press release. PeerLogix is pursuing bogus patents that are algorithms and moreover it euphemises mass surveillance as "Consumer Data". It's quite common to label such things "big data" because it's a buzzword and thus it can sound rather innovative.

How about "cloud"?

"They just try calling software patents "cloud", as we noted last year. Why are examiners falling for it?"Darryl Taft has just done an IBM puff piece titled "Cloud-centric IBM patents promise payoff" [1, 2]; those are mostly software patents and they're dropping like flies when asserted against those able to afford a legal defence, e.g. PTAB IPR. The article says that a "substantial number of IBM patents for 2017 — more than 1900 out of 9043 total patents — were for cloud technologies, the company disclosed last month. Those numbers illustrate a clear shift in the company’s roadmap for products and services. In past years chip technology dominated IBM’s patent portfolio, which supported the bulk of the company’s business."

They just try calling software patents "cloud", as we noted last year. Why are examiners falling for it? PTAB is thankfully doing a 'sanity check'. For many years if not several decades IBM amassed a large heap of software patents that are worthless after Alice (IBM just lobbies desperately to crush Section 101). IBM cannot maintain this bubble, so it just retreats to a game of buzzwords. Here's the latest example of IBM losing a patent: "IBM loses at PTAB bc its Wednesday: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2017007705-02-20-2018-1 … “selecting a portion of a document, filtering it to identify a dependent expression,... modifying the document to create a second document.. including a mapping link in a metadata section" is "abstract idea"..."

This is hardly a surprise. We suppose that thousands of not tens of thousands of IBM's patents are bogus patents. But there are so many of these that it's hard to keep track.

Recent Techrights' Posts

Gemini Links 25/12/2025: Hibernation and TV Detox
Links for the day
The Right to Repair (Especially When Products Are So Poorly Made)
Many electrical appliances fail often/quick and are nearly impossible to repair
The Register MS: Don't Use Linux
That really says a lot about The Register MS
The Year of the Bubble
We hope that in 2026 the marketing liars will find some new buzzwords to latch onto and quit calling everything "AI"
 
Links 26/12/2025: Impermanence, Salt and Thermometer, Freetube
Links for the day
Canonical is Making the Cost of PCs Very High, Due to Unnecessary Ubuntu Bloat
They say the reason for the price surge is LLM hype/frenzy
Canonical's Ubuntu is Bloatware
How did Ubuntu get so fat?
The EPO is a Very Vicious Organisation You Neither Wish to Join Nor Stay in for "Too Long"
Consider what the EPO thinks of its own workers, the staff that actually does real work
2026 Will Hopefully Turn Out to be Slopless
we seem to be starting the post-Christmas period on the right footing
Links 25/12/2025: Mail Carriers in "a Murky Future", Dihydroxyacetone Man’s "Chip Embargo Against China Backfiring Spectacularly"
Links for the day
The Register MS: All I Want For Xmas is Microsoft
they actually put effort into it
How to Win Nobel Prize for Peace
Do you get to Heaven (or peace platitudes) by sleeping with 72 virgins?
Links 25/12/2025: Ample Cover-up Found in Jeffrey Epstein Files; ChatGPT Causes Psychosis, Not a Good Use Case
Links for the day
Giving Money to Free Software
In life, people must make sacrifices to do what's right and just
EPO People Power - Part XV - EPO Cocainegate to Resume This Weekend
The next installment (number 16) will probably come out this weekend
Microsoft: XBox is Going "Online", "Cloud"...
XBox as a console is pretty much dead
Mozilla Firefox is a GAFAM Browser With Slop, Move to a Free Software Web Browser
on mobile the options would be more limited
libera.chat Was Under Attack Last Night
Several months from now libera.chat turns 5
Free Software Foundation (FSF) Raises Over $300,000 Before Christmas
the FSF made it past $300,000
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, December 24, 2025
IRC logs for Wednesday, December 24, 2025
Sounds Like Microsoft 'Open' 'AI' (Slop) Ran Out of Money to Borrow
Maybe in 2026 slop will be scarce enough that eventually, maybe by year's end, we'll manage to just ignore it.
In India, Staff Works on Christmas Eve, Becomes Unemployed (Last Day)
The company fires based on how "expensive" workers are more often than based on their productivity
Links 24/12/2025: US TACOs on "China Chip Tariffs Until 2027", Russian Snickers in U.K. Convenience Shops
Links for the day
Links 24/12/2025: Cheeto President "Accused of Rape in Jeffrey Epstein Files", Windows to be Replaced by Slop?
Links for the day
Gemini Links 24/12/2025: Tea, Love During Pain, and Gaming This Year
Links for the day
GAFAM is a Bubble, Nothing is Free in This World
Nothing is free in the world
My New CD Player/Stereo Didn't Even Last a Year, My CD Player/Stereo From the Early 1990s Still Works
That helped reaffirm what I said in recent years about production/manufacturing standards of "modern" things
GitHub Isn't Free, Microsoft Subsidises It (Losses) to Entrap You Inside Proprietary Software, Now Come the Fees
GitHub was never free
XBox Console is Dead, "Microsoft is Rethinking What XBox is"
So XBox is now "cloud"
IBM SkillsBuild: Teaching Slop to People
What skills does that give? Making more slopfarms?
Maybe 2026 Will be the Last Year of António Campinos
Europe's patent system is run by thugs and it serves thugs
2025: The Year LLM Slop Rose to Prominence and Then Fell
the slop hype is bound to end
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, December 23, 2025
IRC logs for Tuesday, December 23, 2025
Links 24/12/2025: Spotify Surveillance and Shadow Over Rule of Law in Hong Kong
Links for the day