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

Slopwatch: Too Lazy to Write Real Articles, Offloading to Chatbots Instead (LLM Slop About "Linux")
The Web was already full of garbage before the LLM frenzy. Now it's even worse.
RMS 'Inauguration' in Montpellier (Government Administration) on January 20th
Happy hacking
Even Technical Articles and HowTos From UNIXMen Nowadays Seem to be LLM Slop
We've just permanently removed the RSS feed of UNIXMen
The FSF's 2024 End-of-Year Fundraiser Succeeds: Over $400k to Support Software Freedom
That's worth bringing up again because the SFC is trying to 'crash' this achievement of the FSF
[Meme] Fentanylware (TikTok) Banned in the United States, Next Up European Union (EU)
And the United Kingdom (UK)
President Biden is Right, "Free Press is Crumbling" and the United States Exports Its Media-Hostile Culture to Other Continents
perhaps Biden should pay closer attention to how Donald Trump-inspired Americans take their battles to other continents
 
January 20: Richard Stallman Talk in Europe
evening time in Europe, around midday in the United States and Canada
Links 18/01/2025: Apple Getting Out of Hey Hi (AI) Slop (Too Much Misinformation), Chaffbots/Chatbots Try to Settle Copyright Infringement Lawsuits
Links for the day
What Fake News Sites Are Doing to GNU/Linux
The LLM slop about Linux serves two purposes
Links 18/01/2025: Microsofters Upset at Microsoft's Ridiculous Rebrands (Excuse for Massive Price Hikes), Chaffbot Company ('Open'AI) Faces More Lawsuits
Links for the day
Gemini Links 18/01/2025: Surge in Illnesses, ctags, and Gemsync
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 17, 2025
IRC logs for Friday, January 17, 2025
Links 17/01/2025: TikTok Banned by the United Stated (SCOTUS Rejects Appeal)
Links for the day
Software Freedom Conservancy Inc (SFC) Makes It Obvious It's Just a Copycat Trying to Exploit or Leech Off the FSF's (and GNU's) Work
They swim next to the rich people (who "match")
Links 17/01/2025: Fentanylware (TikTok) Herds Its (Drug) Users Into Even More Harmful "Apps"
Links for the day
Guardian Digital, Inc (linuxsecurity.com) Uses Microsoft-Controlled Front Groups and LLM Slop in Order to Spread Microsoft-Directed Anti-Linux FUD
Microsoft garbage likely produced by Microsoft LLMs, spewing out Microsoft FUD
Likely Fake 'Article' About Linux Mint 22.1
BetaNews fired up its plagiarism machine (LLM)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 16, 2025
IRC logs for Thursday, January 16, 2025
Links 16/01/2025: Conflicts, Overpopulation, and Software Patents
Links for the day
[Meme] Lock-down With DRM Server/s (in a Nutshell)
Companies like Microsoft and Apple have a 'God complex'
Thank You, London! There Was No Way to Still Reliably Host Gemini From Home (on a Raspberry Pi 4) Due to Scale
The only regret we've long had is that we hadn't made the move earlier
The Summit of Future (Kerala, 2025): Dr. Richard Stallman (RMS) to Give Keynote Talk
promotional video was uploaded
Richard Stallman's Talk This Coming Monday (European 'Tour')
bunch of talks in Europe
Total Lock-down Ambitions - Part II - Down to the Very Core, Including the Hardware (CPU, GPU, Peripherals, and More)
instead of distinguishing themselves and antagonising these broadly reviled "antifeatures", both Canonical and IBM decided to join Microsoft in advocating lockdown
FSF, Guardian of the GNU Project, to Reach $400,000 in Winter Fundraiser Ahead of 40th Anniversary
The GNU Project Turns 42 later this year
Links 16/01/2025: "Meduza, IRL" and the Clock is Ticking on TikTok in the US
Links for the day
Gemini Links 16/01/2025: Yesterday's Gone, The Hour of the Dragon by Robert E Howard
Links for the day
Computer Users Aren't Zoo Animals
Animals don't belong inside cages in zoos, either
Links 16/01/2025: Scale and Scope of Microsoft Layoffs Revealed (Two Waves of Layoffs in 2025 Already)
Links for the day
Gemini Links 16/01/2025: Meta Has a Pixelfed Problem and Space Time Scoping
Links for the day
Anti-Linux 'Articles' in linuxsecurity.com (Guardian Digital, Inc) Are Composed by Bots, Probably Microsoft's
linuxsecurity.com has become a mindless stream of LLM slop
"New Year, New Career"
published a few hours ago
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 15, 2025
IRC logs for Wednesday, January 15, 2025