Bonum Certa Men Certa

Software Patents, Secured by 'Smart' and 'Intelligent' Tricks, Help Microsoft and Others Bypass Alice/Section 101

Native American tribes (so-called 'Indians') are exploited by patent maximalists and India gets it right on software patents

Blue lagoon



Summary: A look at the use of fashionable trends and buzzwords to acquire and pass around dubious software patents, then attempting to guard these from much-needed post-Alice scrutiny

THE USPTO has limited somewhat the sorts of patents or number of patents it grants, partly owing to restrictions on abstract patents, which include software patents. This is the correct thing to do and software development powerhouses such as India got it right (there are almost no software patents in India).

Seeing the usual nonsense of LexOrbis (e.g. [1, 2]) the other day, we're still meeting a familiar old pattern. Watch how Anil Kumar (LexOrbis) is promoting software patents under the guise of "mobile" (or "on a phone"). "In other words," he said, "to be patent eligible, the mobile application should make the mobile device function in a certain way. The software code itself that achieves the function is not patent eligible. However, the functionality achieved by means of the software is patentable. On the other hand, the software code doing it can be protected under copyright."

Copyright is the only thing software developers need and want. Looking at this other new article from India (one of a large bunch), it says that TCS wants to branch out a firm that "has more than 75 patents filed in the artificial intelligence (AI), machine-learning and intelligent-automation space..,"

These are abstract software patents that should not have been granted. India's TCS somehow managed to get those. What would courts say? There is still lots of "AI" hype in patent boosting circles, trying to paint algorithms as "smart" or "intelligence" ("intelligent") because of Section 101/Alice. Sometimes they mention "AI" in relation to prior art search (new example here; it's the same old snake oil and this really does not deal with underlying understanding of antonyms etc.) and timetimes they basically allude to algorithms by calling them "AI" or "machine learning" or whatever.

Here is the patent trolls' lobby (Timothy Au, IAM) writing about this in relation to Microsoft:

Microsoft and Alphabet currently own the most – and the highest quality – patents relating to machine learning, research commissioned by IAM has revealed. However, the data also shows that most companies are being outpaced by the technology’s rapid rate of development, and at this stage anyone could come from anywhere to claim a leadership position. Jointly produced by IP analytics platform PatentSight and ip-search, a commercial patent search service provider of the Swiss Federal Institute of Intellectual Property, the research provides a detailed look at the machine learning landscape from a patent perspective.


Those are software patents. I know because I worked in that area.

The patent trolls' lobby (Richard Lloyd in this case) also wrote about Microsoft-connected patent trolls such as Intellectual Ventures (IV) using more proxies, e.g. Dominion Harbor, when he said: "This blog has closely followed the patent divestments that Intellectual Ventures has undertaken since the firm stopped buying for its most recent fund and looked to slim down its giant portfolio. Many of those assets have ended up in the hands of some familiar hands, with Dominion Harbor picking up the lion’s share and others going to entities linked to serial patent monetiser Leigh Rothschild. However, two recent assignments (seen here and here) recorded with the USPTO show the range of acquirers that have been looking to pick up what IV has on offer."

"IV assignments to Native American tribe shows just how far it is casting sales net," says the headline, but American tribes provide no protection from the Patent Trial and Appeal Board (PTAB), so what's the point? An inter partes review (IPR) can still be filed against such patents. Earlier today Patent Docs advertised an upcoming "Webinar on Sovereign Immunity before the PTAB," so basically they have a webinar on something that does not exist. Great! What a waste of time and money.

The general trend we're seeing here is an attempt to sneak software patents through the system and then avoid reassessment of such patents. In effect they dodge justice itself.

Recent Techrights' Posts

Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025