Bonum Certa Men Certa

The 'Blockchaining' of Software Patents (to Dodge the Rules/Guidelines) Now Coming to Europe

It's really just a topological trick and it is barely unprecedented

What is the Difference Between a Blockchain and a Database?
Reference: What is the Difference Between a Blockchain and a Database?



Summary: A lot of software patents are being declared invalid (or not granted in the first place); having said that, using all sorts of hype waves (like calling databases "blockchains") firms and individuals manage to still be granted software patents and sometimes patent trolls hoard these

TACKLING software patents is a process which takes a lot of time. There are many such patents out there and software patents aren't typically marked as such. At the EPO they keep coming up with new buzzwords and the USPTO allows software patents as long as their abstract nature is disguised somehow. Patent lawyers now make a career out of manipulating or fooling examiners. Examiners oughtn't find that amusing because it takes its toll on the reputation of examiners, not these mischievous law firms' reputation. The presumption of honesty just isn't there anymore. Closer and longer scrutiny of patent applications may be needed. We have said all this before, so rather than repeat ourselves let's look at examples from the past week's news.

The OSI's Simon Phipps was a feature story/item in Linux Journal some days ago. Here is the part about software patents:

Software patents represent one of several areas into which OSI has been expanding. Patents have long been a thorny issue for open source, because they have the potential to affect not only people who develop software, but also companies who merely run open-source software on their machines. They also can be like a snake in the grass; any software application can be infringing on an unknown patent.



OSI has been rather disappointing in the sense that it did virtually nothing on the subject; to be fair, that's not a unique problem because the Linux Foundation, OIN and others are equally culpable. How can they keep promoting Free software (which they misname "Open Source") without talking about the perils of software patents? The FSF is perhaps the exception here; it still habitually talks about such issues. We'll come to that in a second, in the context of the Linux Foundation in particular.

There's good news however. Each year that goes by we generally see Alice getting further entrenched in the system. Last year, for example, the high patent court (CAFC) accepted virtually no software patents. We've mentioned this many times so far this year. It doesn't mean that workarounds do not exist or cannot be exploited. "Over the Internet" patents, for example, are one common trick for disguising software patents -- a subject we've been writing about for approximately 8 years. Thankfully, such patents too are still being rejected by courts. Here is an example which is only days old. In this particular case the court rejected an "over the Internet" patent under Alice/Section 101.

Here's the relevant part:

A Federal Court has granted SemaConnect’s motion to dismiss a patent infringement lawsuit filed by ChargePoint. The suit, filed in December, accused SemaConnect of infringing four of ChargePoint’s patents for technology to connect electric vehicle charging stations to the internet.

In a 70-page opinion, U.S. District Judge Marvin J. Garbis agreed with SemaConnect’s assertion that there was no infringement. Additionally, the court held that the claims brought by ChargePoint were little more than abstract ideas and did not, therefore, qualify for patent protection under the U.S. Supreme Court’s “Alice” opinion (2014), which established standards for software-related patents.


Another day goes by and yet another invalid(ated) software patent shows up in the news, this time in Morris Reese v Sprint Nextel Corporation et al. To be fair, it wasn't "in the news" per se but there was a Docket Report from Docket Navigator and it said this:

The court granted defendants' motion to dismiss because the asserted claims of plaintiff’s caller ID patent encompassed unpatentable subject matter and found that the claims were directed toward an abstract idea.


About a decade ago we showed how a caller ID patent literally destroyed an 'app' and took it offline. Probably for good! All it took was a bunch of threats of litigation. That was many years before Alice, but still, the cost of litigation for indie developers (even if they win the case) is far too high. Maybe PTAB is almost affordable, but the cost of IPRs rose some months back. Whatever eliminates all software patents would be a godsend to developers.

How about software patents on things like databases? Is it enough to call these something like "blockchain" to ride a hype wave which is certainly out of control these days? Watch sci-fi-like headlines, e.g. "Blockchain in Space" the other day. There are perhaps thousands of articles about something "blockchain" or "blockchainy" things every week. Here's a new one about the Linux Foundation’s Hyperledger project, courtesy of the Linux Foundation itself. Behind this project there are companies with varying policies, but the main one is IBM, which is hoarding software patents on blockchains. We wrote about this before. Do not expect the Linux Foundation to ever bring up the subject, let alone criticise such patents.

Speaking of IBM, which gradually turns into more of a patent troll and feeds patent trolls (we wrote about that last night), another one like it is BlackBerry. From market dominance it came to trolling. Market penetration grinds to a halt and all they're left with is a massive pile of patents.

Just before the weekend the Canadian media published "Has BlackBerry become a 'patent troll'? Not quite, says Ottawa researcher" (this is their headline).

It's a white-washing, damage-controlling piece. Has BlackBerry become a 'patent troll'? We'd say not yet, or not fully (yet). But it's getting there. People are noticing the trend. BlackBerry nowadays uses broad software patents -- not hardware patents -- to go after companies that do not even make phones but merely develop applications for chatting. The Financial Post (Canada) doesn't seem to mind software patents. A few days ago it published this nonsense titled "From blockchain to augmented reality, Canada's big banks aim to patent the future of finance" (several buzzwords/hype waves in there, including "blockchain" again). To quote:

These are just some of the ideas Canadian banks have been envisioning in public patent filings, which lenders have increasingly made in recent years as banking becomes more and more dependent on technology.

Toronto-Dominion Bank, for example, used to file around one patent application a year. But after ramping up its strategy about five years ago, it now files about 40 to 50 applications annually, according to Josh Death, associate vice president, legal, intellectual property and patentable innovation at TD.


We have been writing about the "blockchain" hype for at least 2 years now, exclusively in relation to patents on blockchains. We're sad to see it spreading even to Europe. Remember that these are all software patents, basically disguised as "blockchain" because it makes these sound innovative and exciting. Many patent examiners aren't familiar with the underlying concepts, which aren't even particularly complicated. Consider this new press release titled "ZK International Ready to Implement Patent Pending Software, IoTs and Blockchain Technologies into its Manufacturing Process and Supply Chain Management System" and scroll down to the part which says "to implement its patent pending software and blockchain technologies" as if they openly reveal that it's about software. Why would the US patent office grant a patent on such a thing? Why on Earth does EPO grant patents like these as well?

Several days ago we saw articles like this one:

Nchain to Offer Smart Contract Patents Exclusively to the Bitcoin Cash Community



[...]

According to the blockchain firm Nchain and its CEO Jimmy Nguyen, the company has secured its first approved patent recognized by the European Patent Office. The patent involves an invention that provides a method for an automated management and blockchain-enforced smart contracts.


This was preceded by this, wherein it was revealed that the EPO had been granting software patents disguised as "blockchain". This is a disgrace. To quote:

London-based nChain, a company involved in research and development of blockchain technologies, has announced that it has registered its first patent (#EP3257191) successfully with the European Patent Office (EPO). The patent , granted on April 11, 2018, is for a registry and automated management method for blockchain-enforced smart contracts. nChain has confirmed that it would use technological advancement for the growth of Bitcoin Cash.

The patent titled “A method and system for securing computer software using a distributed hash table and a blockchain” explains a technique that can be applied to any content, including music, video, and even PDF files) with an executable phase. The blockchain will guarantee that a party which possess a valid license gains access to the content. According to nChain, the invention can be deployed by content producers and rights holders to more efficiently perform digital rights management.


European Patent Office patent number EP3257191 shows that the EPO now grants software patents that are disguised using a hype wave, "blockchain". Here is the corresponding press release [1, 2]. "The patent," it says, "European Patent Office number EP3257191 - is entitled "A method and system for securing computer software using a distributed hash table and a blockchain"."

When we brought it up half a week ago the FFII's President wrote: "And after that blockchain patent, the EPO will still claim it does not grant software patents?"

"Software patents at the EPO [are] not even disguised as such anymore (or very thinly)," I responded to him. Other people too have noticed that since. Slide in quality of patents at the EPO, including software patents, is being noticed. One person wrote about it in German: "Jetzt kann man - überspitzt formuliert - seine #Blockchain beim @EPOorg patentieren lassen... WTF? So werden #Softwarepatente durch die Hintertür erteilt! #swpat // @FFII @zoobab https://www.prnewswire.com/news-releases/nchain-receives-first-patent-grant-for-blockchain-enforced-smart-contract-invention-300628007.html …"

In the next post we'll give some more examples of software patents at the EPO. This is not acceptable and it actually puts European software innovation at peril.

Recent Techrights' Posts

Security and blobs, by Alex Oliva (GNU Linux-Libre)
Reprinted with permission from Alex Oliva
Techrights Thanks Every Single EPO Worker Who Went on Strike Today
We have so much in common
EPO Staff Union: The Strike Actions and Other Industrial Actions "Have Already Delivered Measurable Gains."
SUEPO Munich has just issued a statement to staff
Based on Insider Leaks, Asha Sharma's Job is to Kill XBox While Talking About "AI"
They cite SneakerSO
Linux Kernel 7.0 Release Candidate Comes Out, Stallman Turns 73 in Three Weeks
It predates Microsoft and Apple
In Greenland, Firefox's Gecko and KHTML (KDE, But Bastardised by Apple) Bigger Than Chrome
Are those Danes recognising the risk of monoculture?
IBM Layoffs Definitely Still Happening
Contrary to what some apologists try to say
 
The Monday After the 9PM-on-Friday Prepared Puff Pieces-Under-Embargo Microsoft Strategy for XBox Collapse
There are more layoffs ahead at Microsoft's XBox
Kyndryl Also in a Freefall Today, James Kavanaugh's Accounting Skills Seem to be Based on Pumping and Dumping
What is the real value of Kyndryl when its debt is about twice its alleged "worth"?
Not Much Left to "Pump" in This Slop Bubble
let's hope that by the end of the year the whole bubble fully implodes
IBM Common Stock Crashes Hard (Almost $100 Below the Levels of February's Beginning)
Another Kyndryl?
Links 23/02/2026: Withdrawal From Slop and Ukraine Invasion Enters Fifth Year
Links for the day
Gemini Links 23/02/2026: Moving to Gentoo, Wake-on-LAN Script
Links for the day
Kyndryl Fell by About 50% in One Day, IBM Fell 23% in 20 Days
the IBM Titanic
Trusting the Evil Maids
Don't listen to liars and frauds
Aaron Swartz Has Already Explained What Reddit/Conde Nast Meant to Him and Why We Should All Avoid Reddit If We Value Software Freedom
Aaron Swartz did not start Reddit
Valnet's Good Legacy of GNU/Linux Advocacy in Journalism Form
Let's hope they carry on like this
Coders and Thinkers
I used to be a hyper-productive coder; these days I do more thinking and writing
Slop (So-called 'genAI') is Not a Skill, Slop Gets You Suspended or Even Sacked, It Can Eventually End Your Career
Benj Edwards, a so-called 'Senior' so-called 'AI' so-called 'Reporter'
Quitting Reddit (Social Control Media Controlled by Conde Nast)
There is a new post in Reddit
There is No Such Thing as "AI Skills", "AI Competency", "AI Fluency" Etc.
Slop does not give anybody an advantage
Links 23/02/2026: "What Boston Will Cost Me" and Women as Hostages
Links for the day
IRC Usage Levels Seem to be Rebounding This Year
it looks like the total count (tally) of users increased a lot lately
Microsoft Tricked the Media Into Lying About Microsoft Layoffs in January. Now It Does the Same (in February).
Microsoft has got the media by the wallet (or balls)
Free Software Projects Become Slow Due to Slop
It does not improve efficiency or productivity, it reduces both
EPO Strike Has Begun (or Resumed)
The EPO status quo is untenable
Links 23/02/2026: US Surrenders to Climate Change (to Benefit Oil Companies and Slop), UK Court of Appeal to Hear Mazur
Links for the day
GAFAM Jobs No Longer Lucrative
Those days are long gone
Germans Recognise the Contagion is Digital, Not Racial
How to dismantle or neutralise those weapons? Turn them off
Free Software (or Software Freedom) Ain't No Religion
It's hardly surprising that some of the loudest opponents of Software Freedom and its luminaries also disregard or bend facts
Dr. Andy Farnell Explains Why the Slop Industry is Like Trespassers and Thieves
interesting new article about robots.txt files
The Demise of the Solicitors Regulation Authority (SRA) and Profession Based Around Bullying With SLAPPs and Empty Threats
For press to survive and thrive in the UK we need the hired gun to be submerged
Gemini Links 23/02/2026: Imperfect Journal, Evil, and "Progress Goes Boing!"
Links for the day
“Power is a Thing of Perception. They Don't Need to be Able to Kill You. They Just Need You to Think They are Able to Kill You” ― Julian Assange
When leadership becomes corrupt enough to lose a sense of authority its days are numbered; it'll be replaced
IBM Has Already Admitted 2026 Mass Layoffs (in 4Q Earnings Call)
We showed this earlier this month, but some people bring that up again
Reasons to Go on Strike in the European Patent Office (EPO)
If you live in Europe and don't work for the EPO, you can still help
First speech of Chanellor Hitler, Andreas Tille & Debian denounce Branden Robinson
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 22, 2026
IRC logs for Sunday, February 22, 2026
More and More Projects Quit Microsoft GitHub This Year, XBox Will See the Same
Microsoft GitHub's embrace of slop as "strategic" gives us a clue of what'll happen to XBox very soon
Google "Intelligence": Despite Slam-Dunk or "Smoking Gun" Proof, Drug Abuse in EPO Leadership is "Unverified Allegations"
Google's slop (so-called 'AI') lacks intelligence
8,000 Pages/Articles Per Year
We're eager to maintain a good production/publication pace and illuminate the sinister attempts to interfere with Freedom of the Press in the UK
Don't Use the Future Tense to Discuss the Slop Bubble
Wall Street does not react to reality; it reacts to panic, which is related to expectations
Gemini Links 22/02/2026: Okonomiyaki and Midcrunch Crisis
Links for the day
The Broken Window Industry and Its Ongoing Desires to Make Technology Less Dependable
Reliable computing is becoming harder to find
Freedom Means Accepting He or She Who is Different
In the Debian community we're sadly seeing some authoritarian overreach this month
New XBox CEO Typecast in Social Control Media
Microsoft apologists will fall back on (or shuffle between) the "racist" and "sexist" angle
Sites Without JavaScript Deserve Your Visits
We're not arguing that the Web should be as simple or barebones like Gemini Protocol/GemText
EPO Strikes Are Already Working
Campinos is already going "into hiding"
Microsoft Windows Falls to Another New All-Time Low in Guatemala, It is a Bottomless Pit
Maybe users come to realise that Windows means back doors and those doors are open to a regime that ought not be trusted
"XBox" Will Become Slop After Mass Layoffs
When all else fails, "AI it"
Links 22/02/2026: Hardware Price Hikes Across the Board, "Microsoft Issues Statement on Potential Layoffs"
Links for the day
Microsoft "Layoffs Incoming"
This transition isn't about promoting games; it's about canning the console
Links 22/02/2026: "Bloat of Modern Fitness Apps" and Wikipedia Deprecates Archive.today
Links for the day
Our IRC 5-Year Anniversary (for Self-Hosted) is Fast Approaching
A week from now it's March already
Gemini Links 22/02/2026: Dream Job Gone and Slop in Taskwarrior
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 21, 2026
IRC logs for Saturday, February 21, 2026
GNU/Linux Grew a Lot in Nicaragua
We've not noticed until today
Techrights Has Over 1,000 Good Articles 'in the Tank'
Drafts, notes, and lengthy documents
New Article Challenges Solicitors Regulation Authority (SRA) for Choosing the Wrong SLAPP Cases to Investigate
The one point we can agree on is that SRA does not know how to correctly select the worst culprits/offenders
The Brand 'Watsonx' is a Terrible Name for IBM 'Hey Hi' (Chatbots) Because Watson Agreed With Adolf Hitler
Almost a century has passed and IBM still believes that selling "intelligence", chatbots in particular, should be done under the name "Watson"
Why IBM is Still Scary and Dangerous
Keep a distance from "Big Blue" Bully
Measuring the Growth of Our Mission and Community
Something between experiment and prototype
Richard Stallman in the United States - Part III - Georgia Tech Did a Fine Job Upholding Free Speech Principles
The real problem was social control media (toxic)
Debian's Master is Deleting Criticism of SystemD and Other Things (On-Topic and Published by Debian Developers), Resorts to the Excuse Messages Are "Too Long"
Censorship serves nobody except the masters that control this censorship
Digg's Latest Incarnation Already Failed, It's Infested With LLM Slop
Many submissions go to slopfarms and some get summarised by slop
Gemini Links 21/02/2026: Veganism and DeskPi RackMate T0
Links for the day
On The Web, XBox Already a Dying Breed
Down to about 0.05% on large machines, based on statCounter [...] Microsoft will never publicly admit or say how many billions it lost on the XBox
2026 a Year of 'Top-Down' Microsoft Layoffs (Management First)
Stay tuned for what comes next
Your "Likes" Aren't Yours and They're Mostly "Worthless Clicks"
Social hermits are not popular, irrespective of how many "Facebook friends" or "likes" they get
Waggener Edstrom/Frank Shaw Lied, There Are Definitely Microsoft Layoffs
Microsoft never issued a formal statement, it made allusions by proxy
Microsoft-Controlled Media With Embargo and Press Operatives
This won't be the last example of media manipulation for narrative control or face-saving "damage control"
Slop Hype Makes Our Core Technology Less Reliable and Far Less Resilient (We Pay for the Catastrophe That Follows)
Only slop-free projects can be trusted
Going for 1,000 (Days of Uptime)
universal records are vastly better
Firefox is No-Go in China, Not Even 1% "Market Share" Anymore
Given Mozilla's utterly rubbish marketing these days (politics over technical aspects), set aside the cheerleading for slop, there's hardly a chance of Mozilla Firefox reaching or exceeding 10% again
EPO "Cocaine Communication Manager" - Part III - It's in His Eyes
Workers are free to draw their own conclusions
Links 21/02/2026: Tensions Over Iran and Illegal Cheeto Tariffs, Presidential Approval Sags
Links for the day
Links 21/02/2026: "Moving Away From Cloudflare", Many Layoffs or Shutdowns in Games (Including XBox/Microsoft)
Links for the day
GNU Linux-libre is a Grown-Up Today
"before that, every distro that wanted to respect its users' freedom had to remove itself all of the binary blobs that were distributed as part of the kernel Linux's so-called sources"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 20, 2026
IRC logs for Friday, February 20, 2026
Gemini Links 21/02/2026: "The Evil of Action" and Slop Bots Causing Great Harm Online (Not Just the Web)
Links for the day