Bonum Certa Men Certa

The World Has Moved on and Beyond Software Patents, But Buzzwords and Hype Provide Workarounds

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

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



Summary: A look at the status quo of software patents and some of the past week's reports, which still disguise such patents as "financial"

Software patents in India aren't allowed (not "per se" anyway). In the EPO it's "as such" and in the USPTO there are now exclusions for "abstract" ideas, which many interpret as inclusive of computer algorithms.



As we reported last week, Australia had gone down the same route, as did New Zealand. South Africa also, so the English-speaking world is overwhelmingly against software patents now. The main exception to that global trend is China.

A few days ago a patent law firm from India (one that we mentioned here before) noted that:

A software by itself or computer program per se is not considered as an invention as per Section 3(k) of the Patents Act, 1970. Section 3(k) stipulates that a mathematical or business method or a computer programe per se or algorithm are not invention within the meaning of this Act.


None of that has changed. Over the years we've been keeping track of many efforts to change that. But India stood firm in the face of lobbyists.

"Cryptocurrency", "AI", "cloud" and other hype has meanwhile been exploited in the US and Europe to bypass restrictions and patent software. We've written many articles about that and here's a new example:

Ernst & Young LLP (EY) announced on Thursday it has acquired technology assets and related patents from Elevated Consciousness, Inc., a U.S. startup focused on developing unique solutions for the crypto-asset ecosystem. EY reported that the acquisition is part of its strategy to expand blockchain-related capabilities and services worldwide.


Well, such patents are bunk, even ifthey 'dress them up' as "blockchain" or "cryptocurrency". Those are software patents. Here is another new example, this one about Walmart:

Is blockchain technology the answer to fighting porch pirates and ensuring safe delivery of items from online retailers to customers' homes? Walmart seems to be at least exploring the possibility, according to a patent application that the company recently filed.

The application , dated July 5, describes a system of "locker docking stations" that could be "located at a user's home, at public locations such as transportation hubs, public venues, or the like, or other desired locations." The stations would coordinate "directly with one or more delivery systems" to organize the delivery of items.


This isn't the first time we see Walmart dabbling in it; if tested in US courts, however, such patents would likely be rendered invalid under Section 101.

News has been relatively slow this past week (normal for summertime), but we carry on watching trends and milestones in the fight against software patents.

Recent Techrights' Posts

Trolls With LLM Slop Are Disrupting Communications About Mass Layoffs at IBM
LLM slop to drown out the signal
Bing Might Shut Down - Just Like Skype Did - Some Time in the Coming Months/Years (Parts of It Already Shut Down)
they try to bring the losses under control
 
The SLAPPs From Microsofters Distract From Serious Copyright Infringement by Microsoft and Apparent Business Crimes
Aside from other issues, such as strangling women
Enshittification is Everywhere: You Pay More, the Services Get Worse
"Enshittification" is a term coined by an online friend; I increasingly use this term to describe what's happening even outside the realm of technology (which it was adopted to describe)
Microsoft Reduces Office Space Ahead of More Waves of Mass Layoffs
"The Gerstnerisation of Microsoft"
Anti-Linux FUD Produced by Microsoft LLMs to Blame "Linux" for Microsoft's Own Failures
We call out some of the worst culprits
Gemini Links 16/05/2025: Hoking GPS, Grabovac, and Tanana
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 15, 2025
IRC logs for Thursday, May 15, 2025
Microsoft WARN Notices Proliferate in the United States
From what we've seen, this wave was more than 3% (a lot more) and the next wave/s will be even bigger (possible as imminent as weeks from now), based on insider leaks
Links 15/05/2025: Google Betrays Publishers Again, Openwashing by Sysdig
Links for the day
Richard Stallman Still Respected by Many in the Libre Graphics Community
Richard Stallman and Professor Moglen never harmed anyone
If You Read Techrights, Then You Probably Want to Read Tux Machines as Well
That site is more active than this one
Gemini Links 15/05/2025: Forced Music in Publicly Accessible Space and ~silv is Online
Links for the day
Links 15/05/2025: KOSA Censorship (USA Becomes More Like KSA) and More National Cuts
Links for the day
Your Real Ally Would Not Defend the Company of SLAPP and Strangling of Women
who's left to tell us what's true?
Breakdown of Microsoft Layoffs Shows It's About Cost, Not Performance or Hype (Like "AI")
MSN (Microsoft) reposted this with some unnecessary spin
The Lawyers Working for the Serial Strangler From Microsoft on SLAPPing Techrights Have Apparently Lost Their Voice
the moment we mentioned that their media lawyer is leaving they went all quiet in social control media
At IBM, Relocation Can be a Trick or a Trap (IBM Gets Rid of Staff Under the Guise of "Relo")
IBM is not being honest with employees
Microsoft Rumours: This Week's Scale of Layoffs "Higher Than Reported" and More Coming Soon ("A Lot More Severe" Than May's)
The "3%" figure is false
Slopwatch: Sloppy Brian, Brittany Slop, and General Observations
Creative people don't need slop; there's just nothing good about it, slop appeals to lazy people careless about quality
Over at Tux Machines...
GNU/Linux news for the past day
Beyond Mass Layoffs at Microsoft: Entire Units Shut Down for Good
And it's far from over
Links 15/05/2025: Crikvenica, Analog Computer, and Slop 'Hallucinations'
Links for the day
IRC Proceedings: Wednesday, May 14, 2025
IRC logs for Wednesday, May 14, 2025
Links 14/05/2025: Fentanylware (TikTok) Harms Kids, Russia Refuses to Defuse
Links for the day
Gemini Links 15/05/2025: Poseur Nerds and Mennonites
Links for the day
VS Code Is Not FOSS, And Neither Is the Site "It's FOSS"
VS Code is proprietary spyware of Microsoft, yet this site keeps promoting it like it's FOSS
No, Microsoft Didn't Lay Off So Many People Because of "AI" "Innovation" or "Efficiency" or "Era" or "Revolution" Etc.
Debunking one very common lie
What We Do When We Say "GNU/Linux" to People
It talks about "Linux", "GNU", and what it means to say "GNU/Linux"
Links 14/05/2025: Facebook And Instagram Risk Nationwide Bans, Microsoft Subsidiaries Have Mass Layoffs Too
Links for the day
Canonical Will Give You Money Only If You Work for Microsoft!
Only if you are servicing (being a slave to) proprietary forges that Microsoft and the NSA control while violating the GPL will Canonical give you money
If Microsoft Staff That Strangles Woman Pays You to Write Lies, It Will Not End Well
The past couple of years were our most productive ever
Gemini Links 14/05/2025: "Writing My Story with Inspiration from Notable Lives" and People Start Shovelling Up LLM Slop Onto Geminispace,
Links for the day
Microsoft is Very Highly Stressed About Adoption of GNU/Linux at Windows' Expense (on Former "Vista 10" PCs)
What does this tell us?
Slopwatch: BetaNoise (BetaNews), LinuxSecurity, and Slopfarms Still Promoted by Google News
The primary goal is to demonstrate the problem persists
Links 14/05/2025: Google Agrees to $1.3 Billion Settlement After Spying, China Tariffs Don't Work
Links for the day
There Are Also Loads of Microsoft LinkedIn Layoffs Today (Keep Track of the Subsidiaries They Keep Out of Headlines)
Perhaps lost in the smokescreen
There Are Bigger Rounds of Microsoft Layoffs Coming, a Cull of 10% Implemented in Waves (the "3%" Figure is Misleading, Face-Saving)
Last night we said they might do the layoffs in three or at least two waves
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 13, 2025
IRC logs for Tuesday, May 13, 2025