Bonum Certa Men Certa

Learning How to Patent Software by Saying 'Machine Learning', Even Though Courts Dismiss These Patents

Still granting software patents (loads of paper), awarding monopolies on mathematics/statistics

Many papers



Summary: Patents on mathematics/statistics are abstract patents; but examiners at the US patent office ignore this simple fact at their own peril

"Machine Learning" isn't merely a buzzword, unlike "AI"; but the term is misused by those looking to patent software in Europe through the EPO or receive software patents from the U.S. Patent and Trademark Office (USPTO). The concepts behind machine learning (or "Machine Learning" with capital lettersas some call it, glorifying the term) vary and they boil down to statistical analysis.

"Patents on Machine Learning are software patents, so they should be tossed out."In reality, once assessed by courts, such patents would rarely 'survive' (withstand scrutiny). Here for example we have a patent troll bemoaning such software patents being lost when tweeting: “In Blue Spike, LLC v. Google Inc. (N.D. Cal. 2015), the claims were similarly non-specific to machine learning. The patentee argued against the abstractness ...” #CAND ignored claim construction & validity ruling in #TXED - key term?"

TXED is the Eastern District of Texas, which we wrote about a few hours ago. The patent troll in question links to this new post from Michael Borella. To quote:

Machine learning is more than just a buzzword. It represents a fundamental shift in how problems are solved across industries and lines of business. In the near future, a machine learning library may become a standard part of all operating systems, just like TCP/IP and database technologies have in the past.

For the majority of the existence of computers, programmers wrote functions that were designed to take some input and produce a desired output. Or, if i represents the input and o represents the output, the goal of the programmer was to develop a function f such that o=f(i).

Machine learning inverts this paradigm to some extent. A data set (which in practice usually needs to be quite extensive) of mappings between inputs and their respective outputs is obtained. This data set is fed into a machine learning algorithm (e.g., a neural network, decision tree, support vector machine, etc.) which trains a model to "learn" a function that produces the mappings with a reasonably high accuracy. In other words, if you give the computer a large enough set of inputs and outputs, it finds f for you. And this function may even be able to produce the correct output for input that it has not seen during training.


Machine Learning is not a new thing; I wrote technical reports about it 15 years ago, as it's basically a branch of several things in statistics, so it's either software or maths or both, i.e. it's a collective label for an approach or several abstract (nonphysical) approaches. Patent lawyers lie about it.

"Examiners ought to pay closer attention to the courts and reject such patents; otherwise they reduce confidence in US patents in general."Patents on Machine Learning are software patents, so they should be tossed out. Mind this new press release [1, 2] titled "Barkly Awarded Patent for Advances in Responsive Machine Learning" (why was it granted by the USPTO?)

To quote: "Barkly, the company advancing endpoint security by combining the strongest, smartest protection with the simplest management, today announced it has been awarded US Patent #10,078,752 from the USPTO for its unique approach to increasing the accuracy of machine learning-based endpoint security. Leveraging their SaaS management infrastructure, Barkly has developed the capability to automatically and transparently train, test, and deliver tailored protection models for customers."

Examiners ought to pay closer attention to the courts and reject such patents; otherwise they reduce confidence in US patents in general.

Recent Techrights' Posts

Apparently Confirmed: IBM Layoffs in Canada Today, Hundreds Affected
Impacting "177 people", says one person, "in Ottawa"
[Video] Dr. Richard Stallman's Keynote Speech in Kerala Finally Uploaded
In non-free format and proprietary YouTube, but perhaps that's better than nothing
 
Microsoft Canonical Continues Its FUD (Fear, Uncertainty, Doubt) Campaign, Reveals Google Too Sponsored It
They're paid-for lies from a Chinese company that takes GAFAM money to write puff pieces about them
Android Rises Above 76% in Mozambique, Leaving Windows in the Dust
Windows may soon be measured as smaller than Apple's iOS
IBM, Red Hat and Microsoft Probably Also Manipulate Metrics (It Helps Con the Shareholders)
Wall Street's credibility will depend on enforcement of "checks and balances"
Slopwatch: trendhunter.com and Other Pure Junk From "Google News"
The need to vet sources is hardly new; anyone can spew out anything, anywhere. There's a need for vetting.
Gemini Links 28/03/2025: Rewatching The X-Files, Slop Concerns, and NOSTR Censorship
Links for the day
Links 28/03/2025: Australia at Risk, EPO Grants Illegal Patents With Illegal Effect
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, March 27, 2025
IRC logs for Thursday, March 27, 2025
Links 27/03/2025: Obituary to a Shop, Russia Trying to Buy Time
Links for the day
Links 27/03/2025: Slop, Autosuggestions, and Nostr
Links for the day
When Windows Was Dominant (1990s) Browser Monopoly Meant MSIE, But Now Google Android is Dominant and the Web in a 'Webapps' Era Works With (or Is Designed for) Chrome-isms
We've been there before
Slopwatch: BetaNews, LinuxSecurity.com, and the Attack on Web Search Using Fake and Likely Plagiarised Pages
Changing a few words here and there won't change the fact that it's not properly authored
Links 27/03/2025: U.S. Honeybee Deaths Reach Record High, Legal Occupation Next in Line After War on Science
Links for the day
Using Courts for 'Revenge' is Always a Losing Strategy
Trying to cause someone you dislike to spend a lot of money
IBM CFO James Kavanaugh Refers to Firing of Almost 10,000 Americans as "Workforce Rebalancing" (Shifting IBM's Centre of Balance to Low-salary Contracts/Countries)
The scale of IBM layoffs is getting too large to evade WARN Notices
Islands Are Leaving Microsoft Behind, According to statCounter
Android has had a very strong year
EPO Management Fails to Deny That the Office is Discriminating Against Women
Europe's second-largest institution isn't just exceedingly corrupt but also immoral
In Some Countries the Market Share of Vista 11 is Going Down, Not Up
despite being released in 2021
Rumour: Mass Layoffs in IBM Canada Today
Maybe later today some people from Canada will say something firmer and maybe some media will even talk about that
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, March 26, 2025
IRC logs for Wednesday, March 26, 2025
Gemini Links 27/03/2025: X-Files' "Kill Switch", Orlando, and ASN (Autonomous System Number) 'Hack'
Links for the day
Links 26/03/2025: Healthcare Cuts and Turkey's Own "2025 Project" (Culling Opposition)
Links for the day
LLM Slopfarm: A Site's Last Incarnation Before Throwing in the Towel, Going Offline Permanently
A lot of coverage that claims to be about Finland is chatbot-generated nonsense or poorly-plagiarised work
Microsoft Canonical Pays IDG to Spread FUD (Fear, Uncertainty, Doubt)
this seems a tad exploitative and reminds us of the time Novell kept telling companies that using anything other than SUSE was dangerous
Gemini Links 26/03/2025: GTD, Zenshuu, and Geminispace Community
Links for the day
Links 26/03/2025: Media's Failures, Arrests of Journalists, Limitations of End-to-End Encryption
Links for the day
LLM Slop (Lots of It Spewed Out by Microsoft) Versus Linux
Microsoft is a very, very evil company. It doesn't mind destroying the Web if there's a chance it'll make a buck in the process or mess up people's brains (in Microsoft's favour).
Slopfarms (Sites That Only Ever Publish LLM Slop) Are Killing Google News
pair of slopfarms still propped up by Google News
Microsoft's Serial Strangler's Law Firm Has a Long History of Fronting for People Who Do Bad and/or Illegal Things
Whose terrible idea was this?
Novell and Microsoft Apologist/Booster Bruce Byfield Writing About the FSF is a Recipe for Problems
Totally not shoehorning some agenda
Looking Forward to the Fall of UPC and Revocation of the Unified Patent Court (UPC) Agreement, Which Was Always Illegal and Unconstitutional
We'll try to keep abreast of any progress in this case
Slopwatch: Google News, LinuxSecurity.com, and the General Demise of the Web
many supposed or so-called "news" pages are just spewed out by some chatbots (or tools which help plagiarise original articles without getting caught; detection gets harder)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, March 25, 2025
IRC logs for Tuesday, March 25, 2025