Bonum Certa Men Certa

Alice/ۤ 101 is Improving the Quality of Patents in the United States and Patent Law Firms Are Panicking

If code, then invalid patent

Code



Summary: Patent maximalists in the United States not only freak out over Alice but also distort the outcome of recent court cases (Federal Circuit) in order to make it seem as though Alice is going away

THE likelihood of receiving software patents from the USPTO is decreasing. The Patent Trial and Appeal Board (PTAB) nowadays gets involved in mere patent applications, not just patent grants or already-granted patents. We gave many examples of that last month and earlier this month. We suppose that PTAB is going to break another record, whereas reliable sources say that the number of patents granted by the USPTO will have decreased by year's end. It's not a bad thing but a sign of improved patent quality/scrutiny.



"We suppose that PTAB is going to break another record, whereas reliable sources say that the number of patents granted by the USPTO will have decreased by year's end. It's not a bad thing but a sign of improved patent quality/scrutiny."Look at Taiwan. It has a very strong economy (a lot stronger than China's). According to this post/rant from IAM, the number of patents in Taiwan is decreasing, not increasing, unlike China with SIPO. Lessons for EPO and USPTO? It's OK to grant fewer patents, the important thing is quality, not quantity. It's always about quality, not numbers. China amasses patents by the millions, but that doesn't mean China is ahead. Litigation is China in soaring and it's not necessarily a good thing (unless you work for a law firm). In Taiwan the number of granted patents has been decreasing for a number of years, so there's a trend. Nobody seems to be upset about it except the patent trolls' and maximalists' lobby (IAM). Here is what it wrote:

New figures released by the Taiwan IP Office show that mainland Chinese firms are playing a greater role than ever in the local patent environment. Both resident and non-resident firms upped their filing rates in 2017 as the island managed to reverse several years of falling applications. Among the biggest corporate TIPO users, invention patent filings increased by nearly 25%.

The last year in which Taiwan patent applications increased year-over-year was 2012, when they reached a peak of 51,189. The headline figure from 2017 was well below that figure – coming in at 46,122 – but it did represent 5% growth over a 12-month period. Both resident and non-resident applicants were more active.


IAM keeps speaking about "growth", but a growth of what? Monopolies? One can easily grant millions of monopolies overnight. Would that be a positive thing? Would that add value to the economy and improve people's lifestyles? Of course not.

"One can easily grant millions of monopolies overnight. Would that be a positive thing? Would that add value to the economy and improve people's lifestyles? Of course not. "We were watching with scepticism and restrained disdain this latest nonsense from Bilski Blog, best known for Alice spin and promotion of software patents. These Big Litigation lobbyists (Fenwick & West) are, as usual, using cases that aren't about software patents to promote an illusion/lie. Christopher King even names Core Wireless (GUIs, not algorithms). But these lies are profitable to them. To quote the core basis for the flawed hypothesis (the headline says "Thawing in the 3600s? An Updated Look at Allowance Rates Post Alice"):

Although even with the increases in 2017 the allowance-to-abandonment ratios are still far below their pre-Alice levels, the statistics suggest that a sea change may have begun, with the PTO starting to loosen somewhat in the wake of a series of pro-eligibility cases such as Enfish, BASCOM, McRO, Thales, Trading Technologies and Visual Memory. More recent pro-eligibility cases such as Finjan, Core Wireless, Berkheimer and Aatrix will presumably further bolster this trend.


A lot of these cases aren't about software!

But just as we expected, facts don't matter to these people. Here's Amol Parikh from McDermott Will & Emery mentioning Core Wireless in relation to software again (title says "Concrete Solution to Computer Problem Is Patent Eligible").

"A lot of these cases aren't about software!"Then there's yesterday's lie from the American Enterprise Institute (AEI). These cases aren't about software patents and hardly about Alice (wrong case for the subject at hand), but then again AEI is a very nefarious front group, so this kind of slant is expected.

It names Aatrix and Berkheimer -- two cases which we recently emphasised (almost a dozen times in a dozen articles) were not about software. To quote AEI:

First, in Berkheimer v. Hewlett-Packard, the Federal Circuit upended a lower court’s entry of summary judgment — a pre-trial legal ruling — that the patent (for processing and archiving files in a digital asset management system) was ineligible under Alice.

[...]

Just a week later, in a similar case, Aatrix v. Green Shades Software, the Federal Circuit again vacated a lower court’s early rejection on eligibility grounds, this time of a patent on “designing, creating, and importing data into a viewable form on a computer so that a user can manipulate the form data and create viewable forms and reports.”


This is misleading, but their goal is to comfort applicants and cushion applications, urging for more of both. They just want lots and lots of software patents at a time when they're simply a waste of time and money (but monetary gain to lawyers).

"They just want lots and lots of software patents at a time when they're simply a waste of time and money (but monetary gain to lawyers)."Watch this new article from LeClairRyan's Gunnar Leinberg and Bryan Smith. These patent extremists are really very nervous about Alice, as it dooms their hopes of profit from software patents. "Drafting Strategies to Avoid Subject Matter Eligibility Issues and to Minimize the Risks of Having a Section 101 Dismissal Based on Recent Federal Circuit Decisions" is the title of their article. They're just trying to work around ۤ 101 (rather than simply accept it, which would be the rational thing to do).

How about Patently-O with "What are the Rules for Assessing Patent Eligibility?"

In Front Row Tech. v. MLB Advanced Media, the patentee has filed a petition for writ of certiorari – asking the Supreme Court flip the lower court rulings on its sports-data-app patents.


The Supreme Court has repeatedly (for years) rejected such petitions for writ of certiorari. It's not interested in revisiting a subject it already dealt with nearly 4 years ago.

Over at Watchtroll, the most extremist of patent advocacy sites, an event's introduction started thusly: "Is there hope for Alice? What recent Federal Circuit decisions mean for drafting and litigating software patents in the U.S..."

"The Supreme Court has repeatedly (for years) rejected such petitions for writ of certiorari. It's not interested in revisiting a subject it already dealt with nearly 4 years ago."Maybe they meant "Is there hope for bypasing Alice?" rather than "Is there hope for Alice?"

Perhaps they live in a mythical planet where Alice no longer matters at all. Maybe that's how they try to seduce people to attend another lobbying event. Watchtroll meanwhile (selectively) recalls Google losing at PTAB, under the headline "A Google Opponent Actually Wins an IPR Battle with the Tech Giant" (conveniently never covering any of the cases where Google's IPRs were successful).

Let's just face the facts; Google tackles low-quality patents with assistance from PTAB. Who other than patent attorneys (like Watchtroll) stands to lose from elimination of patents that oughtn't have been granted?

"Their motivations are tainted by their sheer greed and their judgment is clouded by desire rather than reason."Kluwer Patent Blog recalled Arendi's case against Google some days ago. "The Patent Trial and Appeal Board correctly determined that all 79 claims of a patent related to a computerized method for identifying and substituting information in an electronic document were invalid for obviousness," said the summary. Maybe Watchtroll should write a little more about such cases.

The bottom line is, Alice isn't really challenged in any meaningful way, but people who make a living by 'selling' the illusion that software patents are worth pursuing always find excuses to claim otherwise. Don't listen to them. Their motivations are tainted by their sheer greed and their judgment is clouded by desire rather than reason.

Recent Techrights' Posts

Free Software Foundation Subpoenaed by Serial GPL Infringers
These attacks on software freedom are subsidised by serial GPL infringers
Publicly Posting in Social Control Media About Oneself Makes It Public Information
sheer hypocrisy on privacy is evident in the Debian mailing lists
Frans Pop suicide and Ubuntu grievances
Reprinted with permission from disguised.work
Workers' Right to Disconnect Won't Matter If Such a Right Isn't Properly Enforced
I was always "on-call" and my main role or function was being "on-call" in case of incidents
A Discussion About Suicides in Science and Technology (Including Debian and the European Patent Office)
In Debian, there is a long history of deaths, suicides, and mysterious disappearances
Federal News Network is Corrupt, It Runs Propaganda Pieces for Microsoft
Federal News Network used to be OK some years ago
 
Links 01/05/2024: FCC Takes on Illegal Data Sharing, Google Layoffs Expand
Links for the day
Links 01/05/2024: Calendaring, Spring Idleness, and Ads
Links for the day
Paul Tagliamonte & Debian: White House, Pentagon, USDS and anti-RMS mob ringleader
Reprinted with permission from disguised.work
Jacob Appelbaum character assassination was pushed from the White House
Reprinted with permission from disguised.work
Why We Revisit the Jacob Appelbaum Story (Demonised and Punished Behind the Scenes by Pentagon Contractor Inside Debian)
If people who got raped are reporting to Twitter instead of reporting to cops, then there's something deeply flawed
Red Hat's Official Web Site is Promoting Microsoft
we're seeing similar things at Canonical's Ubuntu.com
Enrico Zini & Debian: falsified harassment claims
Reprinted with permission from disguised.work
European Parliament Elections 2024: Daniel Pocock Running as an Independent Candidate
I became aware that Daniel Pocock had decided to enter politics
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, April 30, 2024
IRC logs for Tuesday, April 30, 2024
[Meme] Sometimes Torvalds and RMS Agree on Things
hype around chatbots
[Video] Linus Torvalds on 'Hilarious' AI Hype: "I Hate the Hype" and "I Don't Want to be Part of the Hype", "You Need to Be a Bit Cynical About This Whole Hype Cycle"
Linus Torvalds on LLMs
Colin Watson, Steve McIntyre & Debian, Ubuntu cover-up mission after Frans Pop suicide
Reprinted with permission from disguised.work
Links 30/04/2024: Wireless Carriers Selling Customer Location Data, Facebook Posts Causing Trouble
Links for the day
Links 30/04/2024: More Google Layoffs (Wide-Ranging)
Links for the day
Fresh Rumours of Impending Mass Layoffs at IBM Red Hat
"IBM filed a W.A.R.N with the state of North Carolina. That only means one thing."
Mark Shuttleworth's (MS's) Canonical is Promoting Microsoft This Week (Surveillance Slanted as 'Confidential')
Who runs Canonical these days? Why does Canonical help sell Windows?
What Mark Shuttleworth and Canonical Can to Remedy the Damage Done to Frans Pop's Family
Mr. Shuttleworth and Canonical as a company can at the very least apologise for putting undue pressure
Amnesty International & Debian Day suicides comparison
Reprinted with permission from disguised.work
[Meme] A Way to Get No Real Work Done
Walter White looking at phone: Your changes could not be saved to device
Modern Measures of 'Productivity' Boil Down to Time Wasting and Misguided Measurements/Yardsticks
People are forgetting the value of nature and other human beings
Countries That Beat the United States at RSF's World Press Freedom Index (After US Plunged Some More)
The United States (US) was 17 when these rankings started in 2002
Record Productivity and Preserving People's Past on the Net
We're very productive these days, partly owing to online news slowing down (less time spent on curating Daily Links)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, April 29, 2024
IRC logs for Monday, April 29, 2024
Links 30/04/2024: Malaysian and Russian Governments Crack Down on Journalists
Links for the day
Frans Pop Debian Day suicide, Ubuntu, Google and the DEP-5 machine-readable copyright file
Reprinted with permission from disguised.work
Axel Beckert (ETH Zurich), the mentality of sexual violence on campus
Reprinted with permission from Daniel Pocock
[Meme] Russian Reversal
Mark Shuttleworth: In Soviet Russia's spacecraft... Man exploits peasants
Frans Pop & Debian suicide denial
Reprinted with permission from disguised.work
Hard Evidence Reinforces Suspicion That Mark Shuttleworth May Have Worked Volunteers to Death
Today we start re-publishing articles that contain unaltered E-mails
The Real Threats to Society Include Software Patents and the Corporations That Promote Them
The OIN issue isn't a new one and many recognise this by now
Links 30/04/2024: OpenBSD and Enterprise Cloaking Device
Links for the day
Microsoft Still Owes Over 100 Billion Dollars and It Cannot be Paid Back Using 'Goodwill'
Meanwhile, Microsoft's cash at hand (in the bank) nearly halved in the past year.
[Teaser] Ubuntu Cover-up After Death
Attack the messenger
The Cyber Show Explains What CCTV is About
CCTV does not typically resolve crime
[Video] Ignore Buzzwords and Pay Attention to Attacks on Software Developers
AI in the Machine Learning sense is nothing new
Outline of Themes to Cover in the Coming Weeks
We're accelerating coverage and increasing focus on suppressed topics
[Video] Not Everyone Claiming to Protect the Vulnerable is Being Honest
"Diversity" bursaries aren't always what they seem to be
[Video] Enshittification of the Media, of the Web, and of Computing in General
It manifests itself in altered conditions and expectations
[Meme] Write Code 100% of the Time
IBM: Produce code for us till we buy the community... And never use "bad words" like "master" and "slave" (pioneered by IBM itself in the computing context)
[Video] How Much Will It Take for Most People to Realise "Open Source" Became Just Openwashing (Proprietary Giants Exploiting Cost-Free or Unpaid 'Human Resources')?
turning "Open Source" into proprietary software
Freedom of Speech... Let's Ban All Software Freedom Speeches?
There's a moral panic over people trying to actually control their computing
Richard Stallman's Talk in Spain Canceled (at Short Notice)
So it seems to have been canceled very fast
Links 29/04/2024: "AI" Hype Deflated, Economies Slow Down Further
Links for the day
Gemini Links 29/04/2024: Gopher Experiment and Profectus Alpha 0.9
Links for the day
[Video] Why Microsoft is by Far the Biggest Foe of Computer Security (Clue: It Profits From Security Failings)
Microsoft is infiltrating policy-making bodies, ensuring real security is never pursued
Debian 'Cabal' (via SPI) Tried to Silence or 'Cancel' Daniel Pocock at DNS Level. It Didn't Work. It Backfired as the Material Received Even More Visibility.
know the truth about modern slavery
Lucas Nussbaum & Debian attempted exploit of OVH Hosting insider
Reprinted with permission from disguised.work
Software in the Public Interest (SPI) is Not a Friend of Freedom
We'll shortly reproduce two older articles from disguised.work
Harassment Against My Wife Continues
Drug addict versus family of Techrights authors
Syria, John Lennon & Debian WIPO panel appointed
Reprinted with permission from disguised.work
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, April 28, 2024
IRC logs for Sunday, April 28, 2024
[Video] GNU and Linux Everywhere (Except by Name)
In a sense, Linux already has over 50% of the world's "OS" market