Bonum Certa Men Certa

Today's USPTO Grants a Lot of Fake Patents, Software Patents That Courts Would Invalidate

Trump and Iancu



Summary: The 35 U.S.C. €§ 101 effect is very much real; patents on abstract/nonphysical ideas get invalidated en masse (in courts/PTAB) and Director Andrei Iancu refuses to pay attention as if he's above the law and court rulings don't apply to him

THE current state of 35 U.S.C. €§ 101 is encouraging and as we noted a couple of hours ago, 35 U.S.C. €§ 101 isn't going to be revisited by SCOTUS.



On Sunday we wrote about the European Patent Office's obsession with "AI". We have since then seen similar examples about patents from the U.S. Patent and Trademark Office, e.g. "AI-driven" here and "AI-driven network security" here ("BluVector Awarded Additional Patent for Machine Learning in Cybersecurity"). Those tricks are fast becoming rather common, even worryingly so. Those are very obviously bunk, bogus, fake, abstract software patents. Why is the Office still granting these, knowing courts would trash them? Here's an example of a new patent on video processing and another of an Irish firm that went to the US to patent software on a very trivial 'idea' [1, 2]. Based on all these press releases and articles, quality control is lacking. Everything there sounds like bogus software patents that are going to be invalidated based on 35 U.S.C. €§ 101 in any court (if they reach that far) and should never have been granted in the first place. Here's an example from exactly one week ago. "The virtual reel of modern machines goes back to a 1984 patent obtained by Norwegian mathematician Inge Telnaes, which brought the industry into the modern age and helped turn it into a “gold mine,” CDC says.

"Based on all these press releases and articles, quality control is lacking."One thing we alluded to a few hours ago, albeit we prefer not to dwell on it, is the fact that Watchtroll himself (Quinn) is stepping down/out as chief editor at the end of this month (2 decades of patent maximalism must have led to frustration, seeing how things are going). His latest article it titled "Why do you want a Patent?" but it might as well say "Why do you STILL want a Patent?"

Looking at other sites of patent maximalists, they're doing new ads for the Intellectual Property Owners Association (IPO), a fairly radical organisation that lobbies aggressively for software patents. This same site also advertises USPTO events (example from yesterday) like this "USPTO Patent Quality Chat Webinar Series" (another example from yesterday). The Office does not understand quality, however, it just strives for revenue. To be fair, the EPO under António Campinos also abandoned quality; it's granting software patents in Europe even if/when courts reject these. They just use or misuse buzzwords.

"Fintech is one of those fast-paced industries," says this new article. "Currently, there are over 1200 FinTech businesses in Singapore, according to IPOS."

"What will happen to the Office under Iancu if so many US patents continue to be rejected by courts? People will lose confidence in US patents, the presumption of validity will be lost."And this is how they justify "IPOS grant[ing] first ever accelerated financial technology patent" (this is the headline); it's about using the "Fintech" buzzword to get software patents in Singapore. "The Intellectual Property Office of Singapore (IPOS) has granted the first accelerated patent under its financial technology fast-track initiative," it says. They not only grant abstract patents; they even fast-track these.

We have meanwhile noticed Kate Gaudry and Samuel Hayim writing about 35 U.S.C. €§ 101/Alice rejections at the USPTO. "A concise set of statutes dictate the characteristics that a patent application must have to be allowed to grant as a patent," they argue. But a grant is not enough; what would actual courts say? We worry that the arrival of Iancu signaled to many examiners that it's OK to wave away 35 U.S.C. €§ 101 and pretty much ignore Alice. Just watch these latest roundups of newly-granted patents in the press [1, 2, 3]. I've looked through these very quickly and some of these new patents are absolutely absurd. Some are obviously bogus (legally speaking. e.g. Section 101 would bin them). What will happen to the Office under Iancu if so many US patents continue to be rejected by courts? People will lose confidence in US patents, the presumption of validity will be lost.

"A CEO of a company left after they had sued a rival using software patents."We couldn't help but notice this report from exactly one week ago. A CEO of a company left after they had sued a rival using software patents. To quote: "The announcement of Pittman as the company’s new CEO comes less than two months after Matterport confirmed to Inman it’s suing GeoCV, a rival 3D tour company, for patent infringement."

This is neat software, no doubt, but all the patents on it should be voided as they're bogus software patents on computer vision and visualisation (algorithms/maths). Suing with such patents in 2018 would almost assure loss of the patents, assuming the accused can afford the court battle. What misguided or dishonest law firm prodded for this?

Recent Techrights' Posts

Hopping From One Set of Buzzwords to the Next
Rotating hype and vapourware
Currys PCWorld Hates GNU/Linux Even Though It Runs the World
If more and more people choose to remove Windows, then Currys PCWorld will feel the financial impact of its dumb policies
The Register MS Takes More Money to Boost Slop Hype, This Time From Snyk, a Notorious FUD Source
At some stage or at some point they might even decide to stop doing so
"AI" Hype or LLM Slop is Not About Efficiency, It's About Lowering Standards
It does not seem like IBM is genuinely committed to the same goals (or commitments) as the original Red Hat
If Free/Libre Software is Adding Trillions in Value to the European Economy, Then the European Commission Must Crush Software Patents
Further to what we wrote yesterday
 
Links 14/08/2025: Data Brokers Hiding Opt-Out Pages From Google, "Fight Chat Control"
Links for the day
FSF Infrastructure Under Constant Attack
The disconnect (literally) has had an effect on credibility
Feels Like The Register MS is Trying to Diversify a Bit
If The Register MS goes back to being The Register US (or UK), that will be a nice improvement
Gemini Links 14/08/2025: Reading Journal and LLM Fatigue Revisited
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 13, 2025
IRC logs for Wednesday, August 13, 2025
Internet Relay Chat and Gemini Protocol Help Us Relive the Net of the Dial-Up Era
The kids were alright
"GPT-5" is Another Microsoft Dead Cat Trying to Bounce
The hype, the momentum (or the inertia) is wearing off
Microsoft Windows Losing Its Grip Near Turkey and Russia
The 'corridor' nations connecting Iran to Europe
Slopwatch: LinuxSecurity, Google News, and Serial Slopper (SS)
The slop, the bad, and the ugly
Links 13/08/2025: The “Incriminating Video” Scam and Corruption in South Korea
Links for the day
Gemini Links 13/08/2025: Movie Memories and Mystery Machine Bus
Links for the day
Links 13/08/2025: GitHub Trouble and Openwashing by Microsoft OSI With the Typical Buzzwords
Links for the day
Microsoft Swallows GitHub Losses
Only Microsoft knows how much money it has already lost on GitHub
Gemini Links 13/08/2025: Climate, Coffee, and Deploying Troops in Washington DC After Pardoning 1,000+ Insurrectionists in Washington DC
Links for the day
The Register MS Lowered MS Focus This Week
We hope The Register recognises its errors and tries to make up for them
Learning Ethics From Jeffrey Epstein's Enabler/Client/Ally, Coca-Cola, and Microsoft Accenture
Whatever merits vocabulary changes initially had are being tainted or obscured by later iterations, which tell us to avoid word like "normal", which apparently offend some people (so they argue)
Personal Attacks From Rust People Serve to Confirm They Have Lost the Argument
"The discussion I find around the net so far has no technical merit and centers around ad hominem"
Physical Meters and Purely Mechanical Meters Aren't Dumb; It's Dumb to Mock or Dismiss Them as Antiquated
I've learned a lot this week, both online and over the telephone
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 12, 2025
IRC logs for Tuesday, August 12, 2025
GitHub Will End Up like XBox and Skype
It is not likely that the XBox franchise will survive the next 5 years
Stones Thrown in Glass Houses
Projecting? You bet!
As Europe Gets Increasingly Serious About Software Freedom and Digital Sovereignty It Needs to Enforce a Ban on Software Patents ASAP
many councils in Europe move to Free software and US policy/companies cannot be trusted
Windows 12 in Bahrain (Microsoft "Market Share" Down to 12%, an All-Time Low)
They really ought to get away from Windows even faster
The Web Needs 'Pest Control' When It Comes to LLM Slopfarms
The goal is to discourage more sites becoming slopfarms
Microsoft Can Now Stop Reporting the GitHub Layoffs (Even When They Happen)
GitHub's original staff will see the true cost of becoming "b0rged" - something that Microsoft earned a bad reputation for
How to Get Very Bad or Even Malicious Code Into Linux? Write it in a Language That Linus Torvalds and Most Other Linux Developers Don't Understand.
One point nobody brings up is, what if code gets committed while evading audits and scrutiny?
Links 12/08/2025: Wikipedia Fails at UK High Court, Perlmutter Still Fights to Squash the Slop Lobby
Links for the day
Gemini Links 12/08/2025: Field Recording and Digital Legacy
Links for the day
Links 12/08/2025: WinRAR Zero-Day, SonicWall Does More Harm Than Good
Links for the day
Links 12/08/2025: More Sabotage of Underwater Cable Ahead of Russian Alaska Summit
Links for the day
Richard Stallman Will Not Miss Microsoft GitHub, It Was Only Good at Harvesting a Lot of Code for Plagiarism-as-a-Service
investors are apparently willing to lose money for buzzwords
Slopfarms Slopping Away at "Linux" and Spreading Microsoft Misinformation
Slopfarms don't comprehend this as they lack actual comprehension, they're just parrots
Links 12/08/2025: Science, Hardware, and Ukraine Excluded From Negotiations About Its Future
Links for the day
GitHub the Company Has, in Effect, Just Died (Time to Look for Alternatives)
To Microsoft, what's left of GitHub after dismantling/folding it is some "training set" (people's code, without permission to "train" i.e. misuse under the guise of "GenAI" plagiarism)
Linux Foundation Says "Housekeeping", "Hung", "Normal", "Native Feature/Support" and "Girl/Girls" Are Offensive Words
Bombing people is OK, just use the right "terms"
It Looks More Like Microsoft GitHub Layoffs
GitHub is just losing loads of money
Gemini Links 12/08/2025: Meditation, OpenStreetMap, Smolweb, and More
Links for the day
Google News is Dying: Most of Its Top Stories Now Are LLM Slop With Slop Images (i.e. 100% Fake 'Content')
Google News has been drowning in this sort of stuff for quite some time
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 11, 2025
IRC logs for Monday, August 11, 2025
Our Predictions Were Right: GitHub Dying as Losses Pile Up (as a Company It Cannot Continue to Exist, It's Not 'Free Hosting')
GitHub always lost money