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

Slop-Posting is a New Form of S---posting
We recently caught several more "linux" sites (with "linux" in their domain name) turning to slop
Losses From Slop Are "Investment", Hundreds of Billions in Debt Are "Growth Opportunity", Layoffs Are "Great to See", and Loss of Business Means "We Need a Slowdown" (for "Safety")
Microsoft is removing staff, as investment is apparently the act of shrtinking
Brigading Against Women - Part XII - Toxic Masculinity, Hunting Women, Will Code for Sex
Who says things like these?
The Microsoft Lunduke Slop Problem
Microsoft Lunduke does not support Software Freedom; he serves to discredit many ideas championed by Free software or ideals articulated which are apolitical for the most part
 
IBM Layoffs Cover-up
thelayoff.com is censoring threads
"Restricted Boot" Garrett's State is Now Implementing Kill Switches (Just What We've Warned About All Along)
The underlying concept is hardly new
Brett Wilson LLP Has Had No Annual Report in 16 Months
A cynic might hint that they try to hide something
Reform UK last minute accounts filing
Reprinted with permission from Daniel Pocock
Gemini Links 01/10/2026: "Babel With Better Hardware", Software Input That's Slop, and DWeb Cascadia 2026
Links for the day
Today is D-Day at Red Hat and People Leave in Droves
They said there would be "bluewashing", we're mostly seeing people announcing they're leaving
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, September 30, 2026
IRC logs for Wednesday, September 30, 2026
Gemini Links 30/09/2026: Fish Leather, Slop Formation, and ROOPHLOCH
Links for the day
In a Lot of Europe (or EU) Android (With Linux) is Bigger Than Windows
For example in Greece
EPO Cocainegate: Lots of Money (Over a Million Euros) for Cocaine Addicts, Not for Children With Special Needs
Next month we'll bring out some more Campinos scandals
High Court victory: Nigel Farage is 'the Company's own candidate'
Reprinted with permission from Daniel Pocock
It Took GNOME's Code of Conduct Committee (CoCC) Over 8 Months to Realise CoC Reports Went Into /dev/null/
It would be ironic if the blunder's culprits were punished for it, would it not?
Links 30/09/2026: Microsoft "OpenAI Ignored Employees’ Warnings About Safely" and "Pentagon Personnel Agency Data Breach Impacts 3 Million People"
Links for the day
The Register MS "Events" As Paid Spam That Promotes and Keeps Afloat Hype About Slop
This dreary sort of media reads like a soup of words, i.e. like the thing it is advertising
Digital Independence in the UK and in Western Europe
We have the technical capacity and skilled personnel to achieve this
IBM's Anderon as a Mass Layoffs Ritual With a Bailout (From US Taxpayers to IBM) and Other Perks
Like those empty promises in the first term of the Cheeto dictator
Gemini Links 30/09/2026: David Bowie, Web Rendering Proxy, Ink and Letters, Gemlog Nostalgia
Links for the day
EPO Annual General Meeting (AGM) Will Speak of Financial State of the EPO's Union
Their work is needed because the EPO breaks the law
Rust Causes Upgrade Issues in Ubuntu
They could just keep GNU coreutils in place (nothing was broken about it) and avoid Microsoft's back doors and TPMs
Links 30/09/2026: "Understanding the LLM Bubble" and "Florida Senate Threatened Legal Action Against Newspapers"
Links for the day
It Looks Like Mass Layoffs at "Nordcloud, an IBM Company" Today (a Day Ahead of Red Hat)
Expect the same from Red Hat next
British Prime Minister Recognises Social Control Media as National Cohesion Problem
one has to wonder if addiction to social control media is not compatible with peace
The Future Isn't Social Control Media (Nothing Will be Left of It, Not Even Archives)
"Error code: 502 Bad Gateway"
GNU/Linux Usage in China is Increasing
China is leaving Microsoft and Windows behind
43 Years of GNU and GAFAM's (Especially Microsoft's) Attacks On It
GNU is very widely used (when people say "Linux commands" they typically mean "GNU programs"), hence it's being attacked a lot
CDMAG Covers Free Software, New Magazine From Decent People
If enough people accessed their site, they would not rely on social control media (third parties, censorship platforms)
Brigading Against Women - Part XI - An Abject Lack of Social Skills (and Not Knowing How to Handle Women)
GGG enjoy - if that's the right term - very bizarre or esoteric sex life
Gemini Links 30/09/2026: Accelerationism, "The Billionaire is Wrong", Rant About LLM-generated Support E-mails
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, September 29, 2026
IRC logs for Tuesday, September 29, 2026
Black Brit on "Pictures Comparing Me to a Monkey" Because of Brett Wilson LLP Client
"Like Firm, Like Clients..."
President of the EPO Should be Kicked Out, Not Have His Term Terminated in 2028
The President is facing more scandals soon
David Gordon at The Register MS Keeps Feeding the Pyramid Scheme With Fake Articles That Say "AI" Dozens of Times
How can such a publisher still be taken seriously?
The Local Staff Committee The Hague (LSCTH) at the EPO Explains the Working Conditions and Crisis of Plunder (Less for Workers, a Lot More for Dictators Who Refuse to Leave Leadership Roles)
Next week will be epic
EPO Will Stop Working for 10 Days to Protest Against 'Cocaine King' and His Assault on Democracy, Lawfulness, Transfer of Power at EPO
Strikes, work stoppage, all rolled onto one
IBM Brings Avalanche to Red Hat October 1st 2026 (Thursday)
IBM is turning up the heat on staff
Links 29/09/2026: Mass Layoffs at Microsoft and Backlash Over Data Center Policy of Microsoft
Links for the day
Techrights is International
There are many sites that focus on local communities or nations. We're not one of those sites.
5 Years Ago (September 29, 2021) Richard Stallman's Talk in Ukraine Noted
Let's hope the war will end soon
Links 29/09/2026: Acceleration, Morale, and ROOPHLOCH 2026
Links for the day
Links 29/09/2026: "Scam Altman Is Driving Drunk" and Anthropic Lies About Slop Usage
Links for the day
Brigading Against Women - Part X - When Actions of American Men Are Not Judged by Other American Men
"There is not the slightest suggestion that either Dr or Mrs Schestowitz did anything to invite or deserve it. They are both clearly and justifiably angered, dismayed, distressed and hurt by it."
European Patent Office (EPO) Series: A Source of Pride for Portugal?
In this part our focus returns to the main theme of this series, namely the current reappointment campaign of the EPO President, as we consider whether Campinos can still expect to enjoy the same level of support from the Portuguese political establishment as he did during the earlier stages of his career
Computers Freeze Because of UEFI Restricted Boot
damage is also done to computers running Windows
It is Very Expensive to Slow Down Techrights
Garrett's expensive hearing (costing the British taxpayers about 120,000 pounds; he doesn't live here and does not pay tax here) slowed us down for a few days, but we've picked up the pace since
Linux Has Conquered Mobile, But Desktops and Laptops Matter More
When people say the desktop "doesn't matter" they seem to be missing the point that workplaces use desktops (or laptops) and a lot of the work gets done not on skinnerboxes but "workstations" or terminals
Brigading Against Women - Part IX - "What Are You, a Racist?"
Because behind every strong man is a strong opinion?
Gemini Links 29/09/2026: "Digital Sabbath", Starting a GemCapsule, and Sterrenkijker 1.1.0
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, September 28, 2026
IRC logs for Monday, September 28, 2026