Bonum Certa Men Certa

Patent Maximalists Keep Coming Up With New Terms and Buzzwords to Bypass the Practical Ban on Software Patents

Buzzword
Reference: Buzzword



Summary: The fightback against Section 101 and the US Supreme Court (notably Alice) seems to concentrate on old and new buzzwords, such as "Software as a Medical Device" ("SaMD") or "Fourth Industrial Revolution" ("4IR"), which the EPO recently paid European media to spread and promote

THE demise of software patents is very much real in the United States (the USPTO grants these only if semantic tricks are being used and courts don't easily fall for such semantics). The EPO is another matter, which we deal with separately as it's rather frustrating.

Several days ago Microsoft's old 'shill' Rob Enderle was back to implicitly promoting software patents, piggybacking BlackBerry v Facebook (we covered it earlier this month). "Facebook can afford to license," he wrote, "but is part of a wave of companies that didn't believe in software patents and licensing and seemingly gives its products away for free."

"Several days ago Microsoft's old 'shill' Rob Enderle was back to implicitly promoting software patents, piggybacking BlackBerry v Facebook..."Facebook does believe in software patents and has already pursued many of its own, but don't expect to get facts from Enderle. The only positive thing that Facebook does in the domain of patents is its support of PTAB (through front groups that it's funding).

Either way, as we said above, the main route to software patenting in the US (more so nowadays) is semantic tricks, notably buzzwords like "IoT" and "cloud". The same is true in Europe ("4IR" is the buzzword of choice this year). Days ago, Canadian Lawyer suggested patenting software under the guise of another resurgent hype wave, "artificial intelligence". None of this is new, it's more like a fashion and it's led primarily by marketing-type brainstorms.

How about this upcoming 'webinar' on patenting software under the guise of "medical" and "device"? Judge Corcoran from the EPO had dealt with something like this (he rejected a patent of an EPO partner) before Battistelli put him on "house ban". Even if not a retaliatory move, it does make one wonder...

Watch them coming up with another new buzzword: SaMD.

"...the main route to software patenting in the US (more so nowadays) is semantic tricks, notably buzzwords like "IoT" and "cloud"."To quote: "counsel for companies in the medical device industry on protecting software as a medical device (SaMD), and also discuss the new FDA rules regulating SaMD and how to leverage IP law to protect SaMD."

These sorts of think tanks ('webinars') are sickening, yet Patent Docs, a site of patent maximalists, promoted half a dozens of these yesterday. Here's one from the Boston Patent Law Association and the Federal Circuit Bar Association with "The Impact of Recent Section 101 Patent Eligibility Cases on U.S. Innovation" (sounds like Alice lobbying right there!).

The Federal Circuit Bar Association also gives 'access' to Federal Circuit Judge Kara Stoll (if you're rich enough to be able to afford these massive fees) and there's this "Course on Federal Circuit Practice & Procedure". "The course will provide a comprehensive study of the U.S. Court of Appeals for the Federal Circuit (CAFC)," says the outline. We intend to deal separately with CAFC in our next post, especially in relation to Alice.

"Watch them coming up with another new buzzword: SaMD."Last but not least, Patent Docs promoted another lobbying event ('webinar') of the Intellectual Property Owners Association (IPO), which is lobbying hard to thwart Alice and water down Section 101.

All in all, we remain rather concerned to see this well-funded lobby for software patents. Especially in a country where it's notoriously easy to simply buy policy. This lobby is already extremely harmful. It often suggests merely disguising such software patents, so courts will deem them invalid as "abstract" rather than invalid as "algorithm" or invalid as "software".

“With the success we have achieved in early implementations along with the patents we've secured for our innovation," said this press release from 6 days ago, "now is the time to build our sales channels and lead the way in 3D vision guidance software.”

"All in all, we remain rather concerned to see this well-funded lobby for software patents."So they're patenting software. In my research area in fact. We often complain about how computer vision patents get granted in the US, sometimes because they're laden/decorated with buzzwords like "artificial intelligence", "machine learning" and so on (these are all mathematics/algorithms).

How about this other new press release which says "Aquiire features patented, real-time B2B e-commerce shopping" (again, that's software!).

Are examiners paying close enough attention to what they're granting and thus making/rendering a de facto monopoly? It takes a lot of money to challenge wrongly-granted patents and Section 101 is all over these. PTAB would be all of these (if it was petitioned to recheck). Here we have PTAB hater Gross bragging about exceptional cases where IBM 'survives' Section 101 and citing the IAM interview with Iancu he goes again into his ALL CAPS rant mode: "SO WE CAN EXPECT MORE ONGOING 101 NONSENSE FROM PT" (Iancu does not intend to change this any time soon).

"Are examiners paying close enough attention to what they're granting and thus making/rendering a de facto monopoly?"The funniest from him (this past week) is this claim that "PTAB continues indiscriminate use of "abstract idea" to destroy US based innovations..."

He must have meant "destroy software patents," which were themselves destroying US based innovations in many domains other than software. Watchtroll has meanwhile published "Dueling Visions of the Patent System, Dueling Visions for America", which again conflates patent maximalism with the "American Dream" and all that malarkey. We frankly try not to give them much attention anymore, except for entertainment purposes (they're a very angry bunch that bullies judges and officials, including the outgoing USPTO Director). We'll say more about judges and courts in our next post.

Recent Techrights' Posts

All Efforts to Censor Techrights Have Always Failed
In 2026 We can make it to 20 years of source protection
Microsoft Bing Lies
When they say "China" or "DeepSeek" censors things don't lose sight of Microsoft
The Latest Microsoft Layoffs Are a Wake-up Call: The Company is Running Low on Money
in most areas it is not even profitable
Copyleft is the Way to Go (Unless You're an Unpaid Volunteer of GAFAM)
The GPL 'family' of licences is very old and those licences were last revised in 2007
statCounter's Numbers Make Sense Given Microsoft's Falling Windows/Client Revenue
There are already articles (some last week) saying that XBox should just be ended
statCounter: New Record Highs for GNU/Linux in Its Birthplace
So Microsoft is in a tough place
 
Links 03/02/2025: Recent Security Holes and Environmentalism
Links for the day
Gemini Links 03/02/2025: X-less English Alphabet and antiX
Links for the day
Disappointing 'Results' and Mass Layoffs (Without Severance Pay) Sank Microsoft, But It's a Lot Worse Than Shareholders Care to Realise
People are losing their patience
statCounter: In Web Browsers, Microsoft Collapses to Worst Levels in 2 Years!
Microsoft nowadays insists that it is a "market leader" in a market that does not exist
statCounter: Apple's iOS About to Exceed Windows in Terms of "Market Share" (Despite Windows Being 'Sold' for Less)
Vista 11 is only about 5% of the "market share"
statCounter: GNU/Linux Reaches New All-Time Highs in Brazil and Argentina, Android Has Reached 60% in South America
Microsoft cultivating buzzwords and cult-like thinking, not real products
The Media Does Not Properly Report Microsoft Profits and Losses (It's Partly Intentional)
So how many Vista 11 (preloaded) copies were sold with new PCs?
Links 03/02/2025: Microsoft's Termination Controversy and EU Hey Hi (AI) Act Compliance Day
Links for the day
It Seems Like BetaNews is Finally Deleting Fake 'Articles' About "Linux" by LLM Slop (aka Brian Fagioli)
Is BetaNews finally taking these problems more seriously?
Gemini Links 03/02/2025: Art is Process, Smartphones, Internet, and More
Links for the day
Links 03/02/2025: USAID Under Attack, Vista 11 Breaking Itself Again
Links for the day
About 1 in 10 Laptops/Desktops in Venezuela and Cuba Uses GNU/Linux
statCounter says GNU/Linux now exceeds 10% in Cuba
At Microsoft, Promoting Back Doors, Proprietary Lock-in and Mass Surveillance Under the Guise of Diversity ("Microsoft Philanthropy Team")
Microsoft staff enters NGOs to lobby for Microsoft and sell for Microsoft
statCounter: Android Share in Operating Systems, Per Country
Towards the bottom there are poorer countries
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 02, 2025
IRC logs for Sunday, February 02, 2025
statCounter: In Canada, New Lows for Windows and Bing is Perishing
Windows has fallen to about 60% in desktops/laptops
Yandex Has Nearly Caught Up With Microsoft Internationally, Bing Falls to Pre-LLM Hype Levels
Of course we've been saying all along that this would happen
Germany's 'Share' of GNU/Linux Rises to All-Time High Based on This Surveyor
Many public services have made the move to GNU/Linux
Microsoft Uses the Mindset of Drug Dealers and Pays 'News' Sites to Sell 'Drugs'
Microsoft pays publishers to spread the illusion that the only viable option for developers and non-developers is "drugs" like Visual Studio and Microsoft Office, respectively
Windows Going South in the "Global South" (Africa and More)
Microsoft has long been shameless about using the tactics of drug dealers
Sharp Drop for Microsoft Windows This Month, Based on statCounter
Facebook meanwhile censors GNU/Linux advocacy
3 Months Ago Lupa Saw 4,200+ Unique Gemini Capsules; Now It Sees Nearly 4,400
many bots target our capsule (129,152 Gemini requests yesterday alone)
Gemini Links 02/02/2025: Geminispace Targeted by Chatbots, Gabbro 0.1.1 Released
Links for the day
Links 02/02/2025: Website Revamps, Blogging About Blogging, and Self-Harming Tariff Wars (Higher Prices)
Links for the day
Oracle's Debt Soars to 100 Billion Dollars (12 Billion Added in Just 9 Months!) While Larry Ellison Backs Fascism for Bailouts, Graft, and "Contracts"
Including attempts to gain control of TikTok, owing to the corrupt dictator long promoted by Larry Ellison (also via Twitter takeover)
Links 02/02/2025: Union-Busting and Censorship by Executions
Links for the day
Gemini Links 02/02/2025: Limits Pushing, Free Software Absolutism, and Why Gemini Matters
Links for the day
Slopwatch: BetaNews and linuxsecurity.com Have Just Published More Fake 'Articles' About "Linux"
There's probably more "Linux" slop out there, but we do our best to identify it on a daily basis
Richard Stallman Has Another Talk in India Tomorrow, at Least Fourth India Talks in Recent Days
In the past month he has given at least half a dozen talks
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 01, 2025
IRC logs for Saturday, February 01, 2025
Links 01/02/2025: Chinese and American Censorship, Cloud-[sic]Native Targeted by Software Patents
Links for the day
Links 01/02/2025: Belated Happy New Year 2025 and Gabbro 0.1.2
Links for the day
Hiring for Tech Roles Based on Perceived Loyalty is No Better Than Hiring to Meet Diversity Quotas
What we're seeing right now is a national security disaster and it is almost purely about technology
S.E.O. SPAM by Serial Sloppers With L.L.M. Garbage is Hurting Linux
We continue to run Slopwatch
Links 01/02/2025: Administrative Chaos and Aviation Disasters Persist
Links for the day
Arrested: Albanian Outreachy whistleblowers, Sonny Piers GNOME & Debian connections
Reprinted with permission from Daniel Pocock
Links 1/2/2025: LLM Hype Revisited, Linuxwashing by Oumi
Links for the day
Growing Evidence That the Patent Industry Has Become a Major Scam
Seeing that the patent "industry" has turned to serious crimes (sometimes to cover up corruption) and seeing that the net negative is clearer for all to see, people who argue for abolition of all patents will have a field day
IBM Says That Half of Its "Assets" is Basically Pure Fiction ("Goodwill")
It times get tough, IBM can sell "Goodwill" at the local pawn shop and pay back the lenders, right?
Planet Ubuntu Overrun by LLM Slop? Faizul "Piju" 9M2PJU Seems to be Publishing Fake Articles About "Linux"...
Maybe it is "assisted" by LLM slop, but slop is slop and it introduces many problems
Gemini Links 01/02/2025: LLMs, Analog Computer, and BorgBackup
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 31, 2025
IRC logs for Friday, January 31, 2025