Bonum Certa Men Certa

From the Eastern District of Texas (US) to Australia Patent Quality Remains a Problem

Patents of all colours of the rainbow

Appeal to swatches



Summary: Patents on anything from thoughts to nature/life (in the US and in Australia, respectively) demonstrate the wildly wide range (or spectrum) of patents nowadays granted irrespective of their impact on innovation

A FEW HOURS ago Eibhlin Vardy published this post (part of a series) celebrating patent maximalism at the USPTO, whose ten millionth patent may ironically enough be bunk.



"We might already be in the midst of such a decline, i.e. a restoration of patent quality."What if patent grants started to decline in terms of number, e.g. each year that goes by (rather than the opposite)? We might already be in the midst of such a decline, i.e. a restoration of patent quality.

Well, a system which strives to grant as many patents as possible isn't one that necessarily encourages innovation and in many cases it actually prioritises monopolisation at innovation's expense for numbers' sake; that would practically discourage innovation.

A few days ago we saw this news report about a patent on “[s]ystem and method for data management,” i.e. a software patent and hence bunk patent. The US District Court for the Eastern District of Texas is a national and international laughing stock because of stuff like this:

Papa John’s International and its subsidiary Star Papa have been sued over the US-based pizza franchise’s mobile app.

Oklahoma-based Fall Line Patents filed its patent infringement complaint yesterday, August 15, at the US District Court for the Eastern District of Texas.

Fall Line Patents is the owner of US patent number 9,454,748, called “System and method for data management”.

According to the complaint, the patent “teaches methods for managing and collecting data from a remote computing device” by gathering location-specific information on different hardware and software platforms on one device.


This is a relatively new patent, judging by its number. This ought to go to the Patent Trial and Appeal Board (PTAB) through an inter partes review (IPR); if needed, the Federal Circuit would likely affirm an invalidation; Papa John’s can afford this. Such is the high cost of sloppy patent grants pertaining to abstract ideas. Watch who got the patent; it's an entity outside Texas (Oklahoma is far away) and it's called "Fall Line Patents". We wrote about it last year and a few months ago when Unified Patents implicitly called it a patent troll. Why are these patents still around? Moreover, why are such patents still being granted after Alice?

Are patents being granted for the sake of numbers or for the sake of innovation? Judging by this new press release [1, 2], the repository is nowadays treated like some kind of literature. "This new section provides easy access to historical patent and exclusivity data for FDA-approved drugs," it says. They're typically just evergreening their patents in order to ensure drug exclusivity persists (perpetuity). It's neither beneficial to innovation nor is this healthy for patients.

Lately we have been writing a great deal about how patents get granted on software owing to a bunch of hype and/or buzzwords. Yet more bunk patents, for example, came from Walmart (it labels some "Blockchain"). Days ago, based on media reports [1, 2, 3], Walmart was shown to be riding the "VR" wave, exploiting buzz when a patent (or application) at hand has absolutely nothing to do with VR innovation/s but merely utilisation thereof from the software side. Here is what Matthew Boyle wrote about it:

The world’s biggest retailer wants to find out, according to filings with the U.S. Patent and Trademark Office.

The company has applied for two patents that detail a “virtual show room” and fulfillment system that would connect shoppers clad in VR headsets and sensor-packed gloves to a three-dimensional representation of a Walmart store. Customers could wander digital aisles from home and “grab” items, which would be immediately picked and shipped from a fully automated distribution center.


The supposed invention involves no improvement to the hardware; it's ridiculous and it's what we have come to expect.

Earlier today Patent Docs mentioned a "Webinar on Blockchain and IP," once again invoking that hype about blockchains, which most lawyers are unable to even explain. "Blockchain"- and "Bitcoin"-washing have become popular because they can make everything sound novel and cutting-edge. It's especially necessary in the US, unlike China for example. Anything goes in China, including software patents, because SIPO -- to the chagrin of WIPO -- doesn't give a damn about patent quality. Shouldn't the US care more? Coinbase is now attempting to get a US patent on a "new bitcoin payment system" [1, 2, 3, 4, 5, 6, 7], relying perhaps on the examiners not understanding that it's pure software and thus not patent-eligible. Can the lawyers find a way to manipulate/fool the examiner? That's perfectly possible and they can retry until they get the 'right' examiner.

Days ago in Mondaq and in Lexology we saw this new article from Aird & Berlis LLP | Aird & McBurney LP's Tony Sabeta. He starts with a Big Lie, insinuating that "blockchain applications are patent-eligible" even though they're not. They're software patents. Bunk, waste of paper. They may eventually get granted, but no high court would tolerate these. The USPTO advertises and brags about these, which actually says a lot about the USPTO and its attitude. To quote Sabeta:

As a patent practitioner, one of the questions I often get asked is whether distributed ledger technology (DLT), such as blockchain, is patentable. I naturally respond in the affirmative (with some qualifiers of course), and inevitably there is a deluge of follow-up questions and statements such as: “That can’t be! Blockchain is just software, and isn’t it nearly impossible to get patents for software these days? or “This technology has been around for almost 10 years, there is nothing new to patent here,” and so forth.


It's not even about novelty; it's about it being an abstract concept and therefore patent-ineligible.

We live in crazy times, however, so to examiners who are rewarded for granting more patents rules will be convenient to bend. That's how we ended up with so many patents on algorithms, life, and nature (even though the rules forbade all of them). Over at Watchtroll two days ago Ted Mathias, Stacie Ropka, and Rebecca Clegg published "The CRISPR Tug of War" -- yet another one of those promotions of 'life monopolies' (or monopolies on life itself). That was around the same time Merck was awarded a CRISPR patent in Australia:

Merck has been awarded a patent for CRISPR nickases by the Australian Patent Office.

The application covers a foundational CRISPR strategy in which two CRISPR nickases are targeted to a common gene target and work together by nicking or cleaving opposite strands of chromosomal sequence to create a double-stranded break.

Merck said in a statement that these paired nickases will “improve CRISPR’s ability to fix diseased genes while not affecting healthy ones”.

In addition to allowing a patent application on paired nickases, the Australian Patent Office also announced the formal grant of Merck’s 2017 CRISPR integration patent, following withdrawal of four independent, anonymously filed oppositions.


Australia grants such ridiculous patents on life because of CSIRO and the influence of lawyers. There's an ongoing fight over the matter at the EPO because the authorities say no to such patents whereas EPO management actively flouts the rules. As it always does... ⬆

Recent Techrights' Posts

Links 01/11/2026: Digital Minimalism and "Palantir Cofounder Announces Cruel Plan to Breed Thousands of Lab Monkeys for Medical Experiments"
Links for the day
 
On Desktops/Laptops, Clownflare Sees Windows at Under 60% and GNU/Linux at 15% This Past Weekend
Impressive if accurate
Microsoft Lunduke is Slop
Microsoft Lunduke is just trying to stir up hatred
Intercontinental Brigading - Part XXVII - Shooting the Messengers (People Who Oppose Microsoft Back Doors), Even Across the Atlantic
Keep this in mind later this week when a dictator either discredits the voting or covertly tampers with the voting process
Microsoft Wants 60,000 Employees Gone (One Way or Another)
At IBM, 15% of staff got marked as candidates for removal; at Microsoft it's almost 30%
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, November 01, 2026
IRC logs for Sunday, November 01, 2026
Jean-Claude Van Linus
Claude talking?
Gemini Links 01/11/2026: OpenBSD, Broken MicroHDMI, Nextcloud, and More
Links for the day
IBM Vapourware on a Budget (to Grab Bailouts From US Taxpayers)
Anderon is the sort of thing that makes IBMers uncomfortable
Microsoft Accenture in Trouble, Accenture’s Debt Skyrockets
Seeing a wave of adoption of Free software in Europe, it's not exactly shocking that "consultants" from Microsoft Accenture are no longer in demand
Microsoft Says Its "Goodwill" Value Has Been Declining for Years, But It Also Claimed That Doubled in One Year
Wall Street deserves far more criticism or scepticism (at the very least)
SkyChatz: From Nothing to #2 in IRC (in Less Than a Year)
Second only to Libera.Chat
Making Up Words or Inventing a Vocabulary
Or why Large Language Models are useless
Assange on What Lula Means to Free Press
Here in the UK we've also found our 'Lulas'
GNU/Linux is No Underdog (But There Are Attempts to Put It "To Sleep")
There's a moral imperative
Intercontinental Brigading - Part XXVI - The "Law and Order" Candidate Who Crushes Both Law and Order and Even Rejects Election Outcomes (Insurrection Follows)
A world without real technical security is a world void of democracy, justice, and human rights
Links 01/11/2026: Malaysian Media Perishing, France Belatedly Identifies Social Control Media as Weaponised Yellow Press
Links for the day
Gemini Links 01/11/2026: "Trick-or-Treating seems to be dead, at least in our neighborhood"; BaseFree Numerical System and Human Emacs
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, October 31, 2026
IRC logs for Saturday, October 31, 2026
Gemini Links 31/10/2026: MangoWM, Qutebrowser and Codeberg, Plugh
Links for the day
Massive Cuts Inside Microsoft (the Media Does Not Talk About That)
It is in many ways like IBM a decade ago
In US Government Sites, GNU/Linux Measured at New All-Time High of 7% (or About 10% Across Desktops/Laptops Alone)
There's no doubt GNU/Linux is growing
Intel Has Just Lost in One Single Day Over 150 Billion Dollars in 'Value' (Market Cap), Intel is Also Over 50 Billion Dollars in Debt
This really says a lot about Wall Street and the slop bubble, doesn't it?
They Hate Him Because He's Effective
Effective voices invite more aggressive censorship attempts
Audience Growing in Spite of the Deluge of Webslop
We probably benefit from the rejection of LLM slop
The Munich FUD Tactics (Microsoft Modus Operandi): Microsoft-Connected Sites Claim Denmark Failed With Free Software, But That's Not What Actually Happened
With Microsoft, it almost always boils down to politics
Links 31/10/2026: John Romero Comeback After Being Shafted by Microsoft, Google Faces Criminal Probe Over Deforestation in Finland
Links for the day
Gemini Links 31/10/2026: Rambling on Self-hosting and Ad Video Screens Don’t Make Money
Links for the day
Can't Trust Big Banks, Let's Try 'Bros' Instead?
But let's blame "North Korea"
IRC's Growing Popularity in 2026
No company controls or profits from IRC, it is in the Commons
"AI" as Surrogate for Debt and Distraction From Computing (Bots Described as "Agents" and/or Any Form of "Intelligence" is More Like a Religion)
We're letting people without even college degrees game the "market" (Wall Street) by lying to it
Intercontinental Brigading - Part XXV - Election Integrity at a Time of Back Doors and Very Severe Bugs in UEFI
How dare British media comment on insurrection following a US election?
"The Judge Accepted That Mrs Schestowitz Had Been the Subject of a Vicious Campaign of Online Harassment"
That's consistent with how they men treat women
Gemini Links 31/10/2026: Hallowe'en and "Thinking About People"
Links for the day
Links 31/10/2026: The Hinge on Apple's Constantly Breaking New Foldable iPhone Was "Built With Slop", Slop Causes Cash Squeeze GAFAM
Links for the day
Amazon's Debt Skyrockets by Almost 100 Billion Dollars in 9 Months
On top of that there is additional (secret, kept stealth by accounting tricks) debt
Google Illegally Destroyed a Quarter Million Trees Without a Permit for a Hypothetical Project That Might be Cancelled, Debt Has Soared by 30 Billion Dollars in 3 Months ($10 Billions Borrowed Per Month)
Google is bleeding from slop
Slavery at Microsoft
illegal if true
Many People "Left" Red Hat This Month, Including Yesterday
We already saw this with SUSE
Gemini Links 31/10/2026: "Where I Draw the Line With" Slop Plagiarism and "Nobody Cares That You're Leaving Proton" (Over Slop)
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, October 30, 2026
IRC logs for Friday, October 30, 2026