Bonum Certa Men Certa

Section 101/Alice Patent Ineligibility Would Include Artificial Intelligence and Blockchains

So why do many firms still pursue patents in AI and blockchain 'clothing'?

Tube
Formula for success at the patent offices (sometimes), but not at patent courts



Summary: In an effort to make algorithms sound more advanced or more scientific applicants now ride the hype waves (fashionable trends), hoping that examiners would grant out of ignorance (of the said buzzwords/hype)

THE patenting of software was always our first and foremost concern, predating by 8 years our in-depth EPO coverage, which also concerns software patents in Europe.



In the United States we've been seeing a retreat to buzzwords and hype; applicants try to disguise the fact that the patents they pursue simply cover some algorithms. Buzzwords and hype are increasingly being used to pursue software patents that are totally bunk. Such patents would be invalidated in courts (if that ever reached them).

"In the United States we've been seeing a retreat to buzzword and hype; applicants try to disguise the fact that the patents they pursue simply cover some algorithms."Bereskin & Parr LLP's Isi Caulder and Paul Blizzard have just published this article at Lexology; it speaks of "Expanding Use of AI and ML software at Intellectual Property Offices (IPOs)," by which they mean automation of examination and search using clever algorithms, not necessarily patenting of these underlying algorithms.

To quote:

On February 8th, 2018 the World Intellectual Property Office (WIPO) released a summary[1] of the replies given by national and regional IPOs about the use of Artificial Intelligence (AI) and Machine Learning (ML) software in the administration at the IPO, and the results are a very interesting perspective on the adoption of various legal tech initiatives in government and administrative environments.

[...]

The report pointed to numerous different use cases for AI in the administration of IP, including automatic patent classification, automatic recommendation of classes for goods and services in Trademark applications, prior art searching and analytics, Trademark image searching, Trademark examination as a whole, helpdesk services for Applicants, general administrative tasks for IP management, machine translation of foreign language documents, and data analysis for economic research.


WIPO, incidentally, also promotes patents on so-called 'AI', not just use of it for patent processes. The EPO has been doing a lot of that lately.

Strafford now promotes software patents under the umbrella of "Machine Learning"; those are software patents and mathematics, statistics. Those would not be valid under €§ 101, but they frame it as a sort of open question: "How can patent counsel meet the requirements under €§101 and €§112 in machine learning patent applications?"

"Aside from the "AI" hype there's also "blockchain" and patents that claim to be on or pertaining to blockchains."Well, Strafford is just interested in litigation (see this other webinar it has just advertised; it's about PPH).

Aside from the "AI" hype there's also "blockchain" and patents that claim to be on or pertaining to blockchains. These are worthless patents. They would never withstand scrutiny of higher courts. It's part of a patent gold rush in the US and elsewhere. Days ago there was this article about it which said:

While the landscape for blockchain is still in its infancy, its potential has led the world’s leading accounting firms to explore ways to implement the emerging technology in their work. The latest is Ernst & Young LLP which has acquired certain technology assets and patents to boost its services for crypto assets.

Accounting services firm has purchased the Andy Crypto-Asset Accounting and Tax (CAAT) tool from the US-based startup Elevated Consciousness, Inc. The solution connects with multiple cryptocurrency exchanges and wallets, allowing for better visibility into cryptocurrency transactions.


Those are just software patents. We couldn't help noticing this new tweet, which correctly points out: "What kind of protection today are #blockchain patent owners expecting? Even with long claims (which diminishes value) the courts can quickly invalidate under #Alice for abstraction. Is long term bet that eligibility laws will open up?"

"If quality control isn't taken seriously, people will gradually learn that there's no point bothering with the system."Where we are at the moment isn't too encouraging; patent offices grant software patents under the guise of supporting "AI" and other vague concepts; what will happen when many of these patents get invalidated, ruining confidence in the remainder and devaluing the system? If quality control isn't taken seriously, people will gradually learn that there's no point bothering with the system.

Recent Techrights' Posts

IBM Stock Collapses and It's Only the Beginning
Will GAFAM soon follow and will any executives be arrested for the accounting fraud insiders have long cautioned about?
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, July 14, 2026
IRC logs for Tuesday, July 14, 2026
Heshan de Silva-Weeramuni Becomes Program Manager at the Free Software Foundation (FSF)
Heshan's addition means that the FSF is growing after a solid financial year (best in years)
Michael McMahon Explains Distributed Denial of Service (DDoS) Attacks on the Free Software Foundation (FSF)
The real solution is a curb on botnets. A mitigation strategy, however, would involve going static.
Matters of Public Safety
"Police say Ann Widdecombe killed in 'targeted attack' as motive investigated"
The Register MS and Its Promotional Microsoft Content
It's not too hard to see what the business model of The Register MS is
IBM: From $306 to $212 in 7 Days, IBM Won't Go Up More Than 50% to Where It Was at 'Peak Vapourware'
There's a limit to how much or how long a company can fake its performance and its potential [...] Early this morning a few insiders ("traders") cashed in on their "pump-n-dump"
Red Hat Staff Needs to Start Looking for the Next Job
Workers can conveniently lie or deny it to themselves, but waves of PIPs ("silent layoffs") will sweep over more and more units or teams as the company runs out of money to play with
IBM the Next Bear Stearns
IBM cannot recover if all it has to show is vapourware
I'll Be Extremely Difficult for Microsoft to Sell Any XBox Consoles Now
Microsoft understands this
How Software Freedom Would Benefit Everybody
A society that denies control by greedy companies would do a disservice to monopolies and improve all services to citizens
Links 14/07/2026: Harsh But Also Fair Criticism of Hey Hi (AI) Slop, 'Open' AI Shuts Down Its Own Products as Funds Run Out
Links for the day
Gemini Links 14/07/2026: Old CD Binder and AWK
Links for the day
In Defence of Physical Tickets
Tickets are not some "app" and not some "code" on some "screen"
Microsoft Layoffs Not Limited to XBox (False Narrative in the Mainstream Media)
Microsoft is becoming less relevant and workforce reductions won't end any time soon
Links 14/07/2026: Plagiarism Spun as "Training", Zelensky Announces Leadership Shuffle
Links for the day
The Register MS Has Just Published "AI" Webspam That Mentions "AI" 54 Times. It Was Paid to Do This.
Who pays for all this "AI" hype or "buzz"?
Gemini Links 14/07/2026: Self-Advocacy Online; "The Internet Is Dead: How the Web Lost Its Human Soul"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, July 13, 2026
IRC logs for Monday, July 13, 2026
Modern Technology Harms Women More Than Men (Because the 'Tech Bros' Who Dominate STEM Have a Poor View of Women)
“Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.”
Internet Relay Chat Trolls Are Not Expressing Opinions, They Are Saboteurs
For the record
Links 14/07/2026: "The Freedom of Information Act Is in Serious Trouble"; Irish Datacenters Use Up Almost 25% of Total Energy
Links for the day
The Register MS: "AI" Puff Pieces for Sale, Not Journalism at All, Just "Webspam"
The Register MS isn't the sole culprit
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 12, 2026
IRC logs for Sunday, July 12, 2026
How We Do Techrights (and What's Changing Next Week)
Many former news sites no longer yield much non-meaningless news (not anymore); there's a gap to be filled