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

Like Kyndryl, Multiple Securities Fraud Investigations Into IBM
Remember what happened to Kyndryl
Who Next After IBM? (Bubbles Don't Last Forever)
the demise of companies with "ai" in their name/domain
GNU/Linux Estimated at 8% "Market Share" Today (in statCounter)
Days ago it said 7.1%, then 7.3% or 7.4%
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?
 
Microsoft Whistleblowers Say "The Entire Thing is Going to Fall Apart" and There Are "No Benefits" to Being Part of Microsoft
"Multiple sources, who chose to remain anonymous for fear of reprisal"
IBM's Crash Continues Today
Stocks go up and down, but they don't typically go down by over 25% in a single day
How Long Before GNU/Linux is Measured at 20% in Chad?
The main way to get people to adopt Vista 11 is to sell them a new PCs and in poor countries it happens a lot less
Making Techrights Faster Down Under (Australia and New Zealand)
there's more to life than speed
Strikes at the EPO Approved for the Rest of the Year, "€1,3 Billion Taken From Staff Income"
Intensity can be revised and increased over time
Focusing on What We Really Ought to Focus on
Today we'll focus mostly on EPO affairs
Violence is Not a Joke
"Police say Widdecombe killing was targeted but motive remains unclear"
How to Properly Measure the Performance of a Patent Office
A "contribution from staff [which] is published by SUEPO Munich."
EPO "Cocaine Communication Manager" - Part XIV - "Not One of Us" (How the Group Dubbed by EPO Insiders "Alicante Mafia" Pushes Out Talent, Replacing It With Friends)
misuses the EPO's budget like it is a fountain of money for his friends
LibreTech Collective Abandons Microsoft GitHub and All Other Proprietary Software
Each time a project eliminates control by a hostile party it stands to gain
Links 15/07/2026: US Regime "Cuts Two Utah National Monuments by More Than 90%", "Hormuz is Less Crucial Than It Was"
Links for the day
Gemini Links 15/07/2026: Old Computer Challenge, "Trial by Fire", LLM Slop Destroying Companies
Links for the day
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