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

Brigading Against Women - Part XV - Trying to Put Women in Prisons
We'll soon get to the 'meat' or the 'beef', showing how "Gas The Jews" Lozza helped Garrett a few days after we had sued him in September 2024
A Leap in GNU/Linux Usage, Japan's Share in Particular
One thing that merits attention right now is Japan. It looks like it's adopting GNU/Linux instead of GAFAM.
European Patent Office (EPO) Series: A Costa-Benefit Analysis: Has the Asset Become a Liability?
All other things being equal, one could expect the Portuguese political establishment to support Campinos in his reappointment bid. But what if all other things are no longer equal because the former "asset" has in the meantime become a "liability"?
Brigading Against Women - Part XIV - Mastery of Distraction
The finger-pointing actions themselves prove the saying that even an accusation is likely a confession
 
Brigading Against Women - Part XVI - When Your Own Colleagues Complain About You Maybe the Problem is You
"if 2 people tell you that you're drunk, you go to sleep"
Links 03/10/2026: Slop-Generated War Songs and "Privatisation Has Failed"
Links for the day
Proprietary Software Giant Microsoft is Quietly Laying Off Lots of Employees, Insider Explains How It's Done
about Microsoft exits
United States: More Than One in Ten Using GNU/Linux on Laptop/Desktop
Clownflare Radar seems to show a similar trend
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 02, 2026
IRC logs for Friday, October 02, 2026
Gemini Links 02/10/2026: Hitchhiking, Dream, Journey of Thoughts, and ROOPHLOCH
Links for the day
IBM in Such a Bad Shape That Silent Layoffs Have Come to India
Make it hard for IBM to hide what's happening
The Mass Layoffs at Red Hat (Secret Layoffs) Not Limited to This Week or to October 1st
Red Hat can shed off 10% of its staff without anyone in the media uttering a word
The Latest "PARTNER CONTENT" at The Register MS is by Chief Marketing Officer at VergeIO
Maybe The Register MS can just run ads, not articles, and hope nobody will notice
Links 02/10/2026: Turkey's Censorship of Journalists Grows, "Hong Kong Journalist Arrested After Covering Gathering Linked to 2019 Protests"
Links for the day
IBM's Red Hat is a Slave of Microsoft, It Does Not Compete With Microsoft
As released and shown earlier today in "Red Hat Partner Connect"/redhat.com
Red Hat: Stop Saying Master, It's Racist. Today's Red Hat: "Master Your Skills" and Adopt Slop Plagiarism
IBM is shredding Red Hat to pieces while it keeps humiliating the collective intelligence of communities
Reform UK, Nigel Farage's party/company, admits missing winding-up petition
Reprinted with permission from Daniel Pocock
Links 02/10/2026: "McDonald's Caught Cheating Consumers for Profit" and "It's Not Illegal If You Buy New Laws"
Links for the day
EPO "Cocaine Communication Manager" - Part XVII - A Vote for Campinos This Month (Reappointment) Would be an Endorsement of Cocaine
The harder they try to silence critics, the worse it'll get
The Cyber Show on "Career Scientists" (Resellers of Establishment Brands Like GAFAM)
"The "career scientist" - with PhD and research office by their mid-twenties - follows well oiled tracks and institutional signposts, steering away from controversial or "difficult" subjects."
Reporting Court Matters While Preserving Dignity of Staff
There's a high and growing probability we'll take our appeal to the Court of Appeal next year
Broligarchs Speech-Policing, Faux 'Community' or 'Hub' in 'User-Driven' Clothing
Until a broligarch decides to "flag" inconvenient stories
Gemini Links 02/10/2026: Haiku, Microsoft EEE ('Linux' as a Container in Windows), and ROOPHLOCH 2026 Roundup
Links for the day
Microsoft Promised Them Bonuses, Instead They May Get Laid Off
Laid off or paid off?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, October 01, 2026
IRC logs for Thursday, October 01, 2026
Lots of People Left Red Hat This Week, No Announcement Made of Layoffs
Companies just find ways and excuses not to announce their layoffs
Gemini Links 01/10/2026: Gemini-to-Web Proxies Considered Harmful, ROOPHLOCH 2026 at Griffith Park Observatory
Links for the day
"SPONSORED FEATURE" of HPE and NVIDIA at The Register MS Has Just Mentioned "AI" 68 Times in One Page!
Meanwhile, grown-ups ignore the hype and get work done without slop
Microsoft's XBox Layoffs Not Finished, Won't be Finished, It's Called "Forever Layoffs"
Microsoft will shut down (XBox) after shrinking it, there's no need to sell anything (a straw man)
IBM's Red Hat Lost Lots of People Today, Chief People Officer (CPO) Dethroned
Headcount falls shortly in secret.
Microsoft is "Pushing Up Daisies" Amid Mass Layoffs (Secret Ones)
"Longtime Microsoft research leader Peter Lee and former LinkedIn CEO Ryan Roslansky to depart"
Links 01/10/2026: "Lawyer Cites ChatGPT-Invented Fake Witnesses in Murder Appeal" and The 'Linux' Foundation Technical Advisory Board (TAB) Has Vacuum
Links for the day
Brigading Against Women - Part XIII - The Offer We Didn't Ask For (and Under Threats to a Lady at the Webhost, a Form of Extortion From America)
Two and a half months ago Garrett made an offer to my wife
Creditors beware: VMS Enterprises Ltd vs Brexit Party (Reform UK Party Ltd)
Reprinted with permission from Daniel Pocock
Techrights Turning 20 Next Month
Our image is under attack, our finances are constantly under attack and so on
Links 01/10/2026: "Meat Proxies" and "Japan’s Far Right Is Courting Young Voters"
Links for the day
Red Hat Being Phased Out of Existence (Like Many Other Companies That IBM Bought)
The "Red Hat" brand (and badge) is being dissolved some more today [...] IBM is imploding 'creatively'.
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026