Bonum Certa Men Certa

Masking Abstract Patents in the Age of Alice/€§ 101 in the United States

Line of masks



Summary: There are new examples and ample evidence of €§ 101-dodging strategies; the highest US court, however, wishes to limit patent scope and revert back to an era of patent sanity (as opposed to patent maximalism)

AS noted in our previous post, software patents aren't doing well in the US. The USPTO has become tougher on them, with or without the Patent Trial and Appeal Board (PTAB) and the courts weighing in.

"Recent patents in New Hampshire," published earlier this week in local media, reveal a little bit of information in the form of summaries. Some of these newly-granted (by USPTO) patents definitely sound like software patents. Having reviewed the media so far this week, we see other examples of it, including one from Accenture. "The newly issued patent," it says regarding U.S. Patent No. 9,818,067, "is the latest in the worldwide intellectual property (IP) portfolio for Accenture, which includes more than 6,000 granted patents and pending patent applications."

Many of these are just dubious software patents. How about this new example from Monday, which name-drops both "Blockchain" and "IoT" in the headline? It says:

HK-based AnApp’s founders are well-versed in computer hardware and software, holding more than 20 patents in semiconductor and electronics designs, and believe that the integration of IoT and blockchain will benefit our industries and daily lives.


Well, blockchains are software, but media hype about blockchains has been out of control lately, so the applicants hope it will make them sound innovative. The patent trolls' lobby/Richard Lloyd has in fact just name-dropped all the misleading buzzwords which are often misused to patent software even in an age when software patents are not ponent (at least in courts). "AI, blockchain and IoT patents all on the shopping list for latest IP3 buying programme" is the headline and the summary adds more buzzwords, such as "virtual reality" and "automotive". To quote:

Details of the latest iteration of IP3, the patent buying programme hosted by AST designed to give IP owners a quick and efficient way of selling their assets, were announced this morning with this year’s version open to non-AST members and focused on some of the hottest tech areas. On the shopping list for this year’s programme are patents in eight different categories including artificial intelligence, virtual reality, automotive, blockchain and Internet of Things (IoT).


They are simply trying to put new 'clothing' on abstract patents. Or ascribe algorithms to some device or vehicle they're installed on...

How about this one as a new example? Or this new press release about "Two New Design Patents" (design patents are somewhat of a farce; applicants would be wise to rely on trademarks and copyrights instead).

Yesterday, in Above the Law, Gaston Kroub said that "[t]here is a vulnerable population hungry for IP advice," but who are these vulnerable people? Victims of patent trolls or the ones patent law firms urge to sue just about everyone? The following loaded question is revealing:

3) There has been a lot of expressed concern about the declining value of U.S. patents, and the possible repercussions to the innovation economy. How do you think the clinic’s participants have adjusted or responded to the alleged malaise in the patent system?


There's no such "malaise"; the quality of patents is being elevated and there's nothing wrong with that. But they speak on behalf of the patent microcosm, not scientists.

Charlotte Tillett and Camille Arnold (Stevens & Bolton LLP, i.e. another law firm) has just published this new article alluding to the Supreme Court in relation to the pharmaceutical industry. To quote:

February saw the long-awaited Supreme Court hearing of Warner-Lambert v Generics t/a Mylan relating to the second medical use patent of pregabalin (Lyrica) for the treatment of pain. The judgement has huge importance to the pharmaceutical industry, clarifying the test for plausibility in patent applications, and determining the approach to take when applying for, or enforcing, second medical use patents.

[...]

The decision should come in the next few weeks, but what should companies do in the interim to protect their positions? Patent applications filed now run the risk of being found invalid for lack of plausibility later, should the Supreme Court enforce a higher threshold test. However, waiting to obtain further support for the patent application may be unwise, if there is a risk that another party may submit an application in the meantime.

Ultimately the decision will be a commercial one – if funding is required to progress research into the drug and cannot be acquired without a patent, then it will not be possible to wait to obtain clinical trials. However, if the Supreme Court does set a high bar for plausibility, funders may well be less inclined to accept patents that risk invalidity in the future.


Judging by many recent decisions from the Supreme Court (regarding patents), it's not hard to guess the outcome; either way, the law firm above perpetuates the "research" (or R&D) myth. It's common knowledge that much of the research money actually comes from government, e.g. university grants. In reality, for practical reasons, access to medicine is a lot more important than patents. We shall soon know if the Supreme Court maintains the consistency of its rulings. ⬆

Recent Techrights' Posts

The Local Staff Committee Munich (LSCMN) Speaks of Deterioration of Working Conditions at the European Patent Office (EPO)
"At least 3 days per week in the Office for an allocated office"
IBM's Anderon is Like Theranos, But Will Anybody at IBM or Anderon Be Imprisoned for This Billion-Dollar Scam?
Will anyone ever be held accountable for it?
 
Microsoft Has Confirmed It Had a Plan to Cut Azure (or Azure Costs) by 20%
So basically... yes! Microsoft did have a plan to slash Azure.
No Noticeable Libera Chat Exodus After Code of Censorship (CoC) Scandal Earlier This Month
Libera Chat pissed off some people by unmasking the CoC's real purpose
Red Hat Silent Layoffs Seem to Carry on Throughout This Month
How much longer will these silent layoffs (e.g. PIPs) carry on for?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, October 14, 2026
IRC logs for Wednesday, October 14, 2026
Netflix and Its Newest Rival Carry 100 Billion Dollars in Debt
What sort of economy is this?
Egypt: GNU/Linux Still Measured at About 5%
Egypt is a prominent African nation and economy
Gemini Links 14/10/2026: Time Allocation, English as a Fourth Language, and "Reading News Sources" in Geminispace
Links for the day
DRM Giant Announces Giant Layoffs (Netflix’s Debt is Huge)
It's not like operational costs are decreasing, they're climbing fast.
Intercontinental Brigading - Part III - Reporting Harassment From America to British Police
Why are they so hostile towards (and afraid of) cops?
Gemini Links 14/10/2026: GemPub, Randogoth Forge F-Droid Repo, Oddμ, and Kolibri
Links for the day
Bluewashing as Silent RAs: A "journey that began at Neudesic [...] and continued as part of IBM" inevitably came "to a close"
IBM can be antagonistic and reckless with whatever it buys
Links 14/10/2026: Houthi Attacks on KSA and Airstrikes Near Sudan-Egypt Border
Links for the day
No Coronation for 'Cocaine King' Campinos (Not Yet Anyway)
A flash update suggests perils exist and we must all wait until December as the position for EPO President may open
In Reddit, Moderators of IBM Subs Are Allegedly on IBM's Payroll (IBM Can Censor Discussions About IBM)
There also seem to be PIP layoffs in India
If Worthless Companies Are Valued at a Billion Dollars in the Slop Industry, Then What Is the True Worth of 'Trillion-Dollar' Companies?
Definitely not a bubble!
It Sounds Like Microsoft Plans to Lay Off Over 2,000 Azure (Microsoft) Workers as the Datacentre Business Brings Nothing But Epic Debt
Trillions in losses is not a solid business plan
Microsoft XBox Won't Survive, Microsoft's CEO for This Perishing Business Turns to Slop
What the founder or father of XBox said about Asha Sharma earlier this year turns out to be accurate
Links 14/10/2026: So-called 'AI' Giants Go Bankrupt, "Military Will Hack the Election"
Links for the day
Indoor Season
we have more planned in order to improve navigation, accessibility, and workflows
Microsoft Demands That Staff Keeps Silent About the Mass Layoffs
Way to cause anger and ensure whistleblowers will go to the media
Microsoft Has Had Mass Layoffs in Azure Every Year Since 2020 and the Bleeding Continues Because It Misreports Earnings There
This is a bad week for Microsoft
Microsoft's International Mass Layoffs (Asia, Europe, Africa), Now Vietnam
A crisis that Microsoft is unable to hide
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, October 13, 2026
IRC logs for Tuesday, October 13, 2026
Gemini Links 14/10/2026: Ceiling Fan, Fascism, Democracy, and Slop Being a Huge Bubble
Links for the day
Reports of Stress and Layoffs at Microsoft, Some People Laid Off Under the Guise of "Ban" (Gift From the Administration) and Many Sacked in India
"pip and gvsa" layoffs in India
ITwire Became Slop and Spam
The site still exists, but it's not what it used to be
W3C Died 20 Years Ago, Now We Live in a Post-W3C Era. Linux Foundation is 'Slop Bros', Now Linux is Becoming Unfree.
Torvalds is on the same side as Epsteingate
We're Way Past the Point Where Companies Announce or Declare Mass Layoffs
Layoffs are becoming hidden
Linux Kernel to Hide the Slop to Avoid Backlash, Suggestion Made by Former Microsoft Employee While Another Former Microsoft Employee is Worst Slopper/Culprit in Linux
Did Torvalds listen to slop antagonists?
Solicitors Regulation Authority (SRA) Besieged by Blind Justice UK, Politicians Increasingly Involved
"Today we have written to Members of both Houses of Parliament"
Vance Has Helped Microsoft Implement Secret, Silent Layoffs
Nothing excites Microsoft more than means by which to discard many employees without an obligation to tell shareholders about it
To The Register MS, Microsoft is the Only Brand That's at the Main Menu!
Consider that the Editor of The Register MS is a longtime faithful Microsofter
Microsoft's Collapse Will Continue, It's Drowning in Debt Now
Expect many more mass layoffs
Legal Self-Sufficiency
The more impact our work has, the more legal bullying will come our way
Plans for Winter in Manchester and London
From many perspectives, we're satisfied with the certainty and robustness of UK hosting, it's just that we're not yet robust/resistant enough to DDoS attacks
Customer Support Experience in 2026
Because the customer is never right
Microsoft Shutdowns in Africa, Mass Layoffs Also Reported This Week
further shutdowns
Links 13/10/2026: More Plagiarism Lawsuit Over Slop and AirAsia Needs State Help
Links for the day
Intercontinental Brigading - Part II - An Outline of This Series
What's to come
Gemini Links 13/10/2026: Dopamine Nation, Planner and Fatigue, and Moderators
Links for the day
Links 13/10/2026: Norway Fines Microsoft and Cops Can Creep on Airbnb
Links for the day
When Computers "Expire" Because Certificates Expire
People who promote Restricted Boot are liars. They lie for a living.
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, October 12, 2026
IRC logs for Monday, October 12, 2026
Gemini Links 13/10/2026: Modern Science, Joplin, Luddites, and Lots More
Links for the day