Bonum Certa Men Certa

Playing With Words and Buzzwords in a Landscape of Software Patents Rejections

Colour letters



Summary: The efforts to get patents on software granted nowadays increasingly rely on synonyms and vague/nebulous buzzwords, such as "AI"; examiners ought to be aware of this because PTAB and courts would almost definitely reject all of these patents

THE limitations in terms of patent scope sometimes seem farcical because both the EPO and USPTO promote loopholes/ways around these limitations. Courts don't.

"There have been lots of EPO tweets in favour of software patents (disguised by buzzwords like "AI") since Campinos took over."Commercials disguised as articles are again being pushed by a site that recently wrote about António Campinos, who says he will continue to pursue patent maximalism, not patent quality. The term "AI" is nowadays being used by the EPO to promote software patents in Europe (without explicitly mentioning the term "software patents"). There have been lots of EPO tweets in favour of software patents (disguised by buzzwords like "AI") since Campinos took over. Not a good sign at all. The new commercial disguised as an article says:

Dr Susan Keston of HGF tells IPPro about her new promotion, the landscape of software and computer-implementation, and AI patent applications


Well, "AI patent applications" are just software patent applications and "computer-implementation" (with a dash) makes no sense at all unless they're alluding to "computer-implemented inventions", a misleading EPO term for "software patents". Either way, this is part of a trend that we've been writing about for over a year. Applicable to Europe and the US alike (with slight variations in the terms used), what we have here is a game of words. Below we focus on the US; we'd rather set aside EPO coverage.

"Why getting patents is smart for domain name companies" was the headline of this article from last week. It's very bad advice in the post-Alice world because software patents are very weak now. So who's behind such advice? As usual, it's the shameless self promoters. To quote: "As a bit of background, I once worked in the intellectual property group of a Fortune 500 company. My job was to license non-patented software technology for commercialization, but I also saw the inner-workings of patent programs."

"Applicable to Europe and the US alike (with slight variations in the terms used), what we have here is a game of words."So what we have here is a site about domain names promoting abstract patents in this domain; but the person who wrote the article is no domain expert, just a patent profiteer, as usual.

Also on the subject of domain names, here we have another commercial disguised as an article (same site as above) about someone who "counsels companies in domain name disputes and software litigation."

This is not necessarily about patents (more likely trademarks), but it mentions PTAB as follows: "He represents clients in false advertising, breach of contract, and defamation cases and has previously been involved in cases before the Patent Trial and Appeal Board, and the US Patent and Trademark Office."

They make a hiring an actual 'news' item; this is part of a problem we used to speak of. Sites that claim to provide news about patents are actually stuffed by the world's law firms (litigation industry) and their PR. This problem extends to the USPTO itself. It now actively promotes the Blockchain hype, leading to articles such as this, which says: "U.S. retail giant Walmart has applied for another patent, which describes the management of smart appliances using blockchain technology, according to an application published by the U.S. Patent and Trademark Office August 2."

"As we've already noted above, more and more companies just call their software "AI", knowing patents on such software would likely be worthless in courts (but enough to fool examiners)."Well, these are software patents disguised using buzz/hype. "The USPTO has published blockchain-related patent applications coming from six major technological companies," said another article from last week. Just like in China. Published days ago was a page titled "The 2018 White Paper on China’s Blockchain Industry and the Question of How to Protect Intellectual Property Rights for China’s Game-Changing Technology" (overlap in hype).

As we've already noted above, more and more companies just call their software "AI", knowing patents on such software would likely be worthless in courts (but enough to fool examiners). See last week's article "Despite Pledging Openness, Companies Rush to Patent AI Tech" and also mind these statistics ("Machine Learning" being a branch of "AI"): "I identified 21 PTAB Decisions Directed to Machine Learning Patent Applications Since 4/1/2018. The PTAB Affirmed Examiners’ 101 Rejections in 16 Cases and Reversed in Only 1 Case. 5 Cases Had No 101 Rejections."

So the Patent Trial and Appeal Board (PTAB) is wise enough to know -- in the context of inter partes reviews (IPRs) -- that such patents are abstract and thus bunk. The Federal Circuit would likely agree.

It is quite frankly tiring to see all these buzzwords flooding the media, perhaps in an effort to pass off old ideas as more innovative than they really are. Forbes, we might add/stress again, has become quite a patent propaganda site. Their so-called 'bloggers' and writers are patent extremists and some are patent trolls (literally). As a new example of that, see an article titled "Before You Begin The Patenting Process, Read This" (blocked behind a spywall, as usual).

"Greedy patent offices exploit that to simply disregard the law, including precedents from the US Supreme Court and a directive from the European Parliament."Over the past week we've caught up with numerous other patents, e.g. [1, 2, 3, 4], which appear to be software patents. It's hard to tell without looking at the underlying patent texts. We also continue to see companies that brag about new patents. INNOVENTIONS ("Established in 1984," according to its press release) has nothing to show except a pile of new patents; it wants people to pay for these patents. Here is another example which speaks of "350 granted and pending patents across 15 countries, demonstrating ClearMotion's IP leadership position across the globe."

Patents per se are OK, depending on the domain. Software patents, however, are bogus patents (so says the US Supreme Court) and sadly we see the media not only promoting these patents but also mislabeling them, e.g. "AI". Greedy patent offices exploit that to simply disregard the law, including precedents from the US Supreme Court and a directive from the European Parliament. ⬆

Recent Techrights' Posts

“Losing Huang Would Introduce a Lot of Uncertainty"
Huang won't last much longer
Intercontinental Brigading - Part XXXXV - The Brand (and Reputation)
"Russell Brand sentenced to 10 years and six months for rape and sexual assault"
Protestants at the EPO Fight On, Rising in Opposition to and Against Corruption, Also Against GAFAM
Don't say we didn't warn you...
When Some Footage Causes Your 'Company' to Lose Almost Half a Trillion Dollars in 'Value' in a Few Minutes Your Company is Fictionally Valued
stock slips 8% because the CEO cheats on the wife
Links 09/11/2026: Nvidia CEO Jensen Huang Cheats on Wife With A Suspected Chinese Spy, "400,000 Russians Killed in Battle Since 2022 Invasion"
Links for the day
 
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, November 09, 2026
IRC logs for Monday, November 09, 2026
Gemini Links 10/11/2026: Open Problem in Computer Science Due to Bloat and "Queueing Nine Hours for an iPhone"
Links for the day
GNU/Linux Rose to 6% as Laptop/Desktop Operating System in Azerbaijan
In the past two weeks the average measure as seen by Clownflare is 5.7%
Microsoft Will Pay $11,742 USD for Workers to Leave
11 lakh Indian Rupees
Since Records Began 18 Months Ago, statCounter Saw Chatbot Usage Falling Sharply
Chatbots are not becoming more popular and the commercial world is having second thoughts
Losing Their 'Faith' in Slop
Are leather jackets becoming a "signal" of "cheating on the wife"?
Boosters of Non-reciprocal Licensing Are Just Trying to Cancel Richard Stallman (RMS) and His Baby, GNU
If only they liked freedom as much as they love Microsoft (or Microsoft's GitHub, which is proprietary and unsafe)
Gemini Links 09/11/2026: Zephyr, Wireless Planet, and Old E-mail
Links for the day
IBM: From Illegal NDAs to Illegal Secret Settlements (Money in Exchange for Promise Not to Sue)
Insiders also explain why RAs may come weeks from now [...] IBM has marked 40,000 workers it wishes to get rid of
Links 09/11/2026: 'Humanitarian' Putin Knocks 600,000 Civilians Off the Grid, Eminem’s Publisher Sues Suno
Links for the day
Like Crooked Politicians, The Register MS is Selling "Dinners" (Access, Sponsors)
Talk about "hey hi".
The Register MS is Not Objective Regarding "AI", It's Paid by Pushers of the Pyramid Scheme (including Nvidia)
Some time soon we'll name some companies that pay millions to The Register MS in order to cement their role in the house of cards (while it lasts)
GAFAM Moribund
A lot of what we say about Microsoft in respect to debt is equally applicable to the rest of GAFAM
NVIDIA as a Scam Company Run by Scammers Who Fake Demand for Their Waste of Energy (Subsidising GPU Sales for Use Cases That Don't Exist)
First they targeted gamers, then fake 'currencies' (which turned out to be a bust), now it's slop (obfuscation of plagiarism using brute force and fusion) [...] We're quite glad that Huang publicly broadcasts how untrustworthy he is
Zero Tolerance for Slop
very few sites that dabbled in slop ended up well off (for it)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 08, 2026
IRC logs for Sunday, November 08, 2026
Gemini Links 09/11/2026: "The Blue Wave Won't Save Us" and "Discoverability Is Only Solved If You Can Be Discovered"
Links for the day
IBM 'Robbery': No More Car Allowance in the UK, Severance Shredded, CEO Pay Up 51% in One Year While Thousands Laid Off in Secret
Why does a CEO reward himself so much when the company does so badly?
Digitalisation Is Not Inevitable or Unavoidable
Nor inescapable
Gemini Links 08/11/2026: "Back", Zot, and Information Overload
Links for the day
Intercontinental Brigading - Part XXXXIV - Why the Swatting Failed
After that we only ever heard from or spoke to cops when we invited them to our home to collect evidence
“Concerned Microsoft Workers” Say “Working at Microsoft Has Become Joyless and Demoralizing.” (That's What Microsoft Wants, More Will Leave That Way)
Many Microsoft employees are going to leave
The Register MS is Losing Hundreds of Thousands of Pounds a Year While Directors Pay Themselves Hundreds of Thousands of Pounds a Year in Dividends
they take money from slop pushers and have clearly compromised some journalistic standards in the process
GNU/Linux Measured at 7.4% in the UK This Weekend: Clownflare Radar
I hope that one day GNU/Linux will be everywhere here
Never a One-Person Project
Just because I'm the main "public face" of the site (who takes all the insults and SLAPPs) doesn't mean I deserve all the credit
“I Always Expect to Lose. I Fight Anyway, and Sometimes I Win.” — Richard Stallman
To change the world meaningfully people must think big
Stop Looking for News About "Layoffs", Layoffs Are Over (They've Been Rebranded)
To properly assess the status quo we need other yardsticks
Links 08/11/2026: Bosses Who Were Forcing Their Workers to Use Slop Change Mind, "Rapper RBX Files Ninth Circuit Appeal in Fraud-Focused Class Action Lawsuit Against Spotify"
Links for the day
Links 08/11/2026: Why Vikings Stayed in Iceland and "TikTok Accused Of Promoting Sex Industry To Young Girls"
Links for the day
Gemini Links 08/11/2026: "Before Sunrise" and LLM Scrapers Versus Self-Hosting (or Web in General)
Links for the day
Intercontinental Brigading - Part XXXXIII - Weaponising Cops in Another Continent (Europe), Knowing They Cannot Come to Your Home in America, While Threatening Women
This year it culminated in death threats
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, November 07, 2026
IRC logs for Saturday, November 07, 2026