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

Techrights Does Not Compete With LLM Slop, It Exposes the Bastards, Plagiarists and Scammers Who Do That
People like Scam Altman, still facing a lawsuit from his own sister for sexual abuse against her
Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 30, 2025
IRC logs for Friday, May 30, 2025
The "AI" (Slop) Bubble Already Popped, But It's Not an Overnight Collapse
where Microsoft put its money
No More Steven Astorino at IBM, Chatter About Weekly/Nonstop Layoffs at IBM
What happened? Good luck guessing.
Looking at Corruption in Europe, Going Beyond the EPO
Expect a new series to kick off very soon
Slopwatch: Security SPAM and LLM Slop for SEO and FUD Purposes, Perpetually Tarnishing the Perception of Linux and (Open)SSH Security
A lot of this Fear, Uncertainty, Doubt (FUD) comes from Microsoft and its LLMs
Links 30/05/2025: Google's LLM Slop Pushers Are Killing Journalism and Shira Perlmutter Fails to Stop Bribed Regime From Legalising Plagiarism (in "AI" Clothing)
Links for the day
Links 30/05/2025: Offline Arts and "Threshold of Patience"
Links for the day
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025