Bonum Certa Men Certa

PTAB is Loathed by Patent Maximalists Because It Can Potentially Invalidate Thousands of Software Patents (More Than Courts Can Handle)

It's nowadays needed more than ever because of examination sloppiness

Intuitive visions



Summary: The US patent system has become more resistant to software patents; courts, however, are still needed to invalidate such patents (a potentially expensive process) because the USPTO continues to grant these provided some fashionable buzzwords/hype waves are utilised (e.g. "facial recognition", "blockchain", "autonomous vehicles")

THE U.S. Patent and Trademark Office (USPTO), increasingly dealing 35 U.S.C. ۤ 101 (Section 101) barriers (based on SCOTUS rulings), no longer grants software patents quite so easily; the Patent Trial and Appeal Board (PTAB) with its inter partes reviews (IPRs) sometimes prevents examiners from granting such patents, so software patents are prevented from even existing in the first place. The Federal Circuit (CAFC) typically approves all this. So where can the patent maximalists turn? Who can they blame? Who will they attack?



""Blockchain patents" are another type of bunk patents on algorithms, i.e. patents that should not be granted as per Section 101/Alice. Existing ones should be invalidated en masse, e.g. one by one at PTAB."Jeremy Doerre is the latest to moan about Section 101. He does this in Watchtroll. These people just want software patents because they want more patent litigation, not because of any other reason. Remember that Watchtroll routinely attacks PTAB, CAFC and even SCOTUS. This is what we have come to expect because nothing else has worked. Attacking courts and judges won't help either; that's just likely to alienate.

Another site of patent maximalists has just promoted a patent maximalists' 'event' about PTAB (among other things). "Webinar" is what they call it; there's also a FCBA webinar about the USPTO being promoted/advertised there (a day ago). In spite of its name, FCBA has nothing to do with CAFC; it's arguably against CAFC's interests because patent maximalism is the goal. What troubles us is that these sites and groups basically strive to undo all the patent progress. All they want is litigation; lots and lots of it! In order to better facilitate such litigation they need to broaden patent scope and make courts more plaintiff-friendly.

We're still seeing all sorts of abstract patents being granted and then bragged about. This example from a few days ago is a press release and there was plenty of press coverage about a new Intuit patent on Bitcoin stuff (e.g. [1, 2, 3, 4, 5, 6, 7, 8] and lots more -- perhaps dozens -- like that). These are software patents (likely invalid, abstract); why grant these? Generally speaking, software patents are abstract and thus bunk. These should never be granted as courts would not honour them. That merely reduces confidence in patents and lowers certainty associated with patent litigation. Some of the applicants try to work around Section 101, falsely believing that fooling examiners would also mean that judges and experts can be fooled. In practice it doesn't work that way because in the courtrooms (or even at PTAB) they quickly catch the errors; examiners are inclined to grant, unlike PTAB and the courts.

"On a car" patents, which are basically software patents, are showing up again. Apple, based on other reports [1, 2], patents new ways to distract drivers. Even European Patent (granted by the EPO). "Over the last eight months a wide range of patent applications covering autonomous vehicles have come to light," said a news site citing a pro-Apple site, "with many of them discovered in Europe. In that time frame we also learned that Apple is working with Volkswagen on an autonomous vehicle. Earlier today Patently Apple discovered yet another European Patent application from Apple that was published on Wednesday August 1, 2018."

But once again, these are just software patents which the EPO should not have granted. Where are the oppositions and the appeal boards? EPO examiners told us specifically about Apple that they were pressured to grant bogus patents to it. It's like they have no choice (otherwise the job is at risk).

"Blockchain patents" are another type of bunk patents on algorithms, i.e. patents that should not be granted as per Section 101/Alice. Existing ones should be invalidated en masse, e.g. one by one at PTAB.

Mind this new report titled "Blockchain Patents Will Shape Innovation – and That’s a Little Bit Scary", stating that "[t]here were 1,240 blockchain patents filed last year. That’s not normal. The number of blockchain patent applications, in fact, has grown over 600 percent since 2016. This year, retailing giant Wal-Mart secured blockchain patents for crypto household energy payments, wearable medical records, and a security system. They also filed patents for drone delivery and “autonomous ground vehicle” delivery systems."

See that pattern of “autonomous ground vehicle” patents? This is, once again, software. They're just pursuing software patents by another name/label, "fintech" if not stuff like "blockchain". "Tech Giants Lead the Way on Fintech Patents, Ahead of Banks," Watchtroll wrote. Sadly, the USPTO actively promotes software patents under the guise of "blockchain" (abstract); the EPO facilitates similar tricks, but courts won't fall for it. As one site put it some days ago: "The US Patent and Trademark Office (USPTO) published on Thursday a series of patent applications, some of which were related to distributed ledger technology (DLT), also called blockchain. Among the applicants, we noticed companies such as Microsoft, IBM, Northern Trust Corporation, British Telecommunications, and JPMorgan."

What's curious here is that the USPTO willfully promotes patents which it probably knows would be invalidated under Section 101 (if assessed properly). Also mind this new report about "IBM facial recognition patents". These too should be invalidated as they're on algorithms, not just because IBM is "trolling" many companies with many such bogus patents. To quote: "The media has gone into a frenzy over Google’s latest facial recognition patent that shows an algorithm can track you across social media and gather your personal details. We thought, we’d dive further into what other patents Google has applied for in facial recognition tehnology in 2018. What we discovered was an eye opener (pun intended). Google is only the 3rd largest applicant with IBM and Samsung leading the patents race in facial recognition. As of 10th Aug, 2018, 1292 patents have been granted in 2018 on Facial recognition. Of those, IBM received 53. Here is the summary comparison of leading companies in facial recognition patents in 2018."

Well, facial recognition patents are patents on algorithms. Why are they being granted at all? "As of 10th Aug, 2018, 1292 patents have been granted in 2018 on Facial recognition," the above says. What does that mean for software developers and what does that say about the USPTO?

Many software developers despair at the sight of such 'thickets' of patents; they cannot practically read thousands of patents (for just one single domain of theirs) and they don't want to risk litigation. PTAB and courts need to make it clear to examiners that patent maximalism should not be tolerated. It's better to reject in haste than to wrongly grant an abstract patent.

Recent Techrights' Posts

In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
The UEFI hype and Microsoft's lies
By Sami Tikkanen
 
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025
Another Day and Another LLM Slopfest From Madame Day at the Slopfarm LinuxSecurity.com
Can't take a break, can she?
Sucking Up to Fascists (Like IBM's Watson Sucked Up to Adolf Hitler in the 1930s) Did Not Help IBM
IBM could stick to better principles, but instead it treats the Free software community and even its own staff like trash
Links 01/03/2025: GB News Loses Over 100 Million Pounds, Zelensky Wins World's Sympathy
Links for the day
Getting Serial Sloppers to Knock the Habit of Plagiarism by LLM Slop
All in all, the fewer the slop objects, the better
As Prices Soar and Services Shut Down (Even YouTube Starts Demanding Money for the Original or a Tolerable Experience) It's Time to Explore the Real Alternatives
https://inv.nadeko.net is the most viable instance of Invidious these days
Gemini Links 01/03/2025: Amends and GNU/Linux
Links for the day
Links 01/03/2025: Scam Altman's Latest Excuse, Google Price Hikes
Links for the day
Justice Will Find Its Way at the End
We deserve an award, not SLAPP, for what we've done
March Already, Rumours of IBM Layoffs in Brazil
Red Hat might be impacted too
Links 01/03/2025: Squashing Software Patents, USPTO Facing Additional Cuts
Links for the day
Links 01/03/2025: UNM Gopher and Getting One's Pages on gemini://
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 28, 2025
IRC logs for Friday, February 28, 2025