Bonum Certa Men Certa

Software Patents in the United States: It's a Lot More Difficult, But Patent Examiners Must Watch Out for Buzzwords and Hype/Marketing

Patent lawyers/applicants try to describe algorithms in terms which are deliberately misleading

Pep vibrates
Anxious to see if they can mislead the examiners



Summary: A roundup of announcements and news pertaining to software patents in the US, including some of the latest 'trendy' ways for bypassing Alice/Section 101 (in effect a ban on abstract patents, such as patents on algorithms)

THE USPTO does not grant software patents as easily or as frequently as it did before. Sure, many of these slip in and of course the courts (and PTAB) throw many of these away. We happen to be watching (and have watched) patent lawsuits and grants. We try to understand what's going on. Several months ago we habitually showed the many cases/situations where PTAB thwarted patent grants just before the grant; Section 101 was cited quite a lot back then. But PTAB's capacity is limited, so there aren't always appeals. PTAB rarely gets involved at this particular stage (when it does, as happens more over time, a grant typically gets denied).

A few days ago this press release came out, bragging about nothing but new patent grants. Some of these patents are software patents based on my fast reading of the press release. It's likely that patent law (e.g. assessment by PTAB) would render them worthless. From the press release: "Covering a spectrum of technologies including: vehicle-to-grid power integration, vehicle controls software, exportable power, and unique powertrain architectures, these recent patent grants further strengthen the international IP position for EDI."

"Several months ago we habitually showed the many cases/situations where PTAB thwarted patent grants just before the grant; Section 101 was cited quite a lot back then."Based on another new press release, Bigbelly continues in its patent lawsuits expedition/campaign, using what seems like software patents. Techrights covered this quite a few times in the past. Bigbelly seems like somewhat of a troll. The press release says that "the cloud-connected Bigbelly smart waste and recycling system combines smart, sensing, compacting stations with real-time software." (yes, they say software)

Another litigious firm, 3Shape, uses patents -- apparently software patents included [1, 2] -- to harass a rival. It's doing it again. Its press release says:

3Shape A/S today announced that it has filed a patent infringement complaint asserting its Patent No. US 9,962,244 B2: Focus Scanning Apparatus Recording Color against Align Technology, asserting that Align Technology's ITero Elements intraoral scanner infringes the 3Shape patent.


We've already explained why at least some of these patents seem to cover software.

If lawsuits aren't bad enough, how about patent-induced embargo (ish) over "motion sensor hardware, software and/or design" (which might be deemed invalid if actually properly assessed)? To quote this days-old announcement:

The District Court has issued an injunction against PPG and its principals, officers, directors, shareholders, employees, affiliates, agents, successors and assigns are, as of May 9, 2018, enjoined from making, using, selling, importing, or offering motion sensor hardware, software and/or designs that operate (and/or would enable products to operate) in the same or substantially similar manner as the PPG technology accused of infringing multiple claims for U.S. Patent No. 8,903,521.This injunction shall continue until the expiration of the ’521 patent or until modified by the Court.


There are even patents that mention software explicitly, e.g. [1, 2] in recent days. 'Cloudwashing' and other buzzwords such as "IoT" are exploited to patent software as well. Such patents are bunk, void, rubbish, but here they go again with "Internet of Things" in the headline (4 patents). CloudTrade too does not seem to be aware that software patents are nowadays pretty much void and invalid, worthless at best. It still brags about these. To quote: "CloudTrade's patent-protected software uses unique rules-based technology with backward tracking search, to interpret, validate, and extrapolate semantic meaning from complex documents, of any type."

"We certainly hope that examiners know better than hype waves and buzzwords; software remains software (code), no matter what label/marketing term one 'slaps' onto it."We should probably note that Alice-dodging has become rather common a practice -- one that we'll cover separately in a later post. Among the tricks? Having software disguised using "AI", "Internet of Things", or "blockchain" hype (there are many others). Here is a new example of it -- one wherein bunk patents and likely worthless patents are painted/framed as "blockchain". On April 24th the patent maximalists wrote about "blockchain patent trends" (basically software patents). "Johan StÃ¥hlberg and Isabel Cantallops Fiol of Valea AB consider developments in the field of blockchain patents, examining the number of blockchain patents applied for and granted in various jurisdictions and fields," said the summary. Weeks later colleagues like Karry Lai in Hong Kong wrote about "blockchain and AI". "The chief IP counsel of the fintech leader tells Managing IP about the challenges of blockchain and AI patent filing," says the summary. They actively promote all this hype and they avoid speaking about software (which is, inherently, what all those things boil down to). Software patents are bunk, even if one labels algorithms “AI” or "blockchain" or whatever.

A few days ago Susan Y. Tull from Finnegan (Finnegan, Henderson, Farabow, Garrett & Dunner LLP) wrote about "machine learning" and said that “[n]ewly published patent application and granted patents reveal applications of artificial intelligence software” (notice the word software).

She correctly attributed this kind of 'trick' to IBM, which nowadays calls many of its software patents "cloud" or "AI" (we covered this before). To quote:

In 2017, IBM received a patent for drug discovery using machine learning.

[...]

Software and software applications are increasingly being applied to the medical device and health tracking fields. Apple recently obtained a patent directed to an “electronic device that computes health data.” U.S. Patent No. 9,723,993 is directed to an electronic device including a camera and sensors to compute the health data of the user. Of note, the patent’s illustrations show Apple’s iPhone performing this function. Oxygen saturation, pulse rate, and perfusion index are among the tracked conditions identified in the patent.


When they speak about stuff like "computes health data" they talk about data processing using algorithms; they want the readers to think that supposed "intelligence" (as in AI) somehow makes that an invention and therefore patent-eligible. We certainly hope that examiners know better than hype waves and buzzwords; software remains software (code), no matter what label/marketing term one 'slaps' onto it.

Recent Techrights' Posts

Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
 
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day
Links 15/01/2026: Starlink Weaponised for Regime Change (by Man Who Boasted About Annexing South American Countries for Tesla's Mining), Corruption in Switzerland Uncovered by JuristGate
Links for the day
Linuxiac May Have Reverted Back to LLM Slop (Updated Same Day)
Is he back off the wagon?
GAFAM and IBM Layoffs Outline
a lot of the layoffs happen in secrecy and involve convincing people to resign, retire, relocate etc.
Links 15/01/2026: Internet Blackouts, Jackboots Society in US
Links for the day
Coming Soon: Impact With EPO Cocainegate
Will Campinos survive 2026?
The Last 'Dilberts' or Some of the Last Salvaged (Comic Strips Which Disappeared Shortly After They Had Been Published)
Around the time the creator of Dilbert went silent he published some strips mocking TikTok and usage of it
The Creator of Git Probably Doesn't Know How to Install and Deploy Git
Nobody disputes this: Mr. Torvalds created Git
Slop is a Liability
Slopfarms too will become extinct because people aren't interested in them
GAFAM is a National and International Threat to Everybody
GAFAM is just a tentacle in service of imperialism
EPO People Power - Part XXXVI - In Conclusion and Taking Things Up Another Notch
They often say that the law won't deter or stop criminals because it's hard to enforce laws against people who reject the law
Running Techrights is Fun, Rewarding, and Gratifying
In Geminispace we are already quite dominant
Red Hat is Connected to the Military, Its Chief Comes From Military Family (From Both Sides)
The founder of Red Hat's parent company literally saluted Hitler himself (yes, a Nazi salute)
Don't Cry for Gaslighting Media in a Country Which Loathes the Press
my wife and I received threats for merely writing about Americans
Red Hat (IBM) is Driving Away Remaining Fedora Users
I've not used Fedora since Moonshine
Robert X. Cringely Has Already Explained IBM's Bullying Culture (Towards Its Own Staff)
IBM is a fairly nasty company
Proton Mail compromise, Hannah Natanson (Washington Post) police raid & Debian
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, January 14, 2026
IRC logs for Wednesday, January 14, 2026
Gemini Links 15/01/2026: "Ode to elinks", envs.net Pubnix and Downtime at geminiprotocol.net
Links for the day