Bonum Certa Men Certa

Illegal Software Patents and Patent Trolls Well Served by European and American Patent Offices But Not Courts

“As for a future life, every man must judge for himself between conflicting vague probabilities.”

--Charles Darwin



Summary: Patent offices are departing from the rule of law; first it was the EPO and now it's the USPTO under Donald Trump's appointees, chosen based on nepotism

THE previous post alluded to EPO President António Campinos and his promotion of software patents in Europe (the European Inventor Award 2019 made such patents a contender for an award). But the EPO never speaks of or uses the term "software patents"; even "CII" is gradually being deprecated in favour of buzzwords like "4IR" and "AI".

Yesterday the EPO wrote: "Day one was rounded off by #SearchMatters first panel discussion. A lively expert debate and really interesting questions from the audience tackled the issue of AI future developments in the context of #patent searches"

When the EPO says "AI" (as in this case) it means illegal software patents -- so in essence it leverages buzzwords to break the law, or to violate the EPC.

Here's another EPO tweet from yesterday: "The next opportunity to visit the EPO will be in Munich. If you want to know more about the EPO's approach to #artificialintelligence"

Two things to point out here: 1) "AI" does not make software patents acceptable. They break/violate the law, EPC and beyond (caselaw included). 2) Guests at the EPO are subjected to illegal surveillance, so why visit? The EPO's violations of domestic and international laws have always gone unpunished.

Meanwhile, a vocal patent attorney (Kalis) says that the Patent Trial and Appeal Board (PTAB) "Affirmed Several AI Learning Patent Applications..."

He means software patents (which 35 U.S.C. €§ 101 trashes) disguised using buzzwords like "AI" for a fake sense of 'novelty'. "Over the Past 24 Hours," he adds, "the PTAB Posted a Lot of New Decisions. They Have Reversed a Lot of Examiners' 101 Rejections and Affirmed Several AI Learning Patent Applications. Scroll down for the decisions. They are Posted in Several Groups."

Among the examples: "The PTAB Affirmed a 101 Rejection of Machine Learning Claims in an AI Patent Application: https://e-foia.uspto.gov/Foia/RetrievePdf?system=BPAI&flNm=fd2018005866-04-03-2019-1 …"

"AI" nonsense again. Even at PTAB...

"Patent Trolls want to destroy PTAB & 101 so they can issue all the Software Patents they like," a critic of software patents wrote this week.

This is part of the trend, where PTAB is the equivalent of the EPO's Boards coming under attack. This attack has been 'harmonised' along both sides of the Atlantic. The Director of the U.S. Patent and Trademark Office (USPTO) also participates in this attack. Yesterday Watchtroll published under the headline "Iancu: USPTO Guidance Gets 101 [35 U.S.C. €§ 101] Right; Time for Courts to Follow Suit..." (American Battistellism)

Actually, the vast majority of public comments (submitted to the USPTO) said it was wrong. The USPTO nowadays has its own Ajit Pai, however, so he is lying about public input. Almost all the comments received by the USPTO disagree with him, but here he is trying to tell courts what to do.

In addition, Watchtroll (which he's close to) still issues personal attacks on PTAB judges all the time. That's because trolls dislike justice (it stands in the way of their extortion). Benjamin Henrion quoted Iancu from the above (which we prefer not to link to directly): "In the end, all three branches need to be rowing in the same direction on something like 101" (which translates [to]: "we need a law to make software patents great again," as Henrion put it).

Also published on Wednesday by the EFF's Alex Moss was this update about patent troll Uniloc:

Patent owners shouldn’t be allowed to keep basic facts about their patents secret—especially when they initiate litigation in courts, which are presumptively open to the public. Uniloc is one of the worst examples of such a company: it doesn’t make any products, but sues lots of others that do. Then, it hides its licensing agreements while demanding fees from hundreds of other companies that make products supposedly covered by the patents in their vast portfolio. But those secretive tactics may finally be coming to an end: a federal judge has ruled, for the second time, that Uniloc must unseal documents about how it licenses its patents.

In 2018 alone, Uniloc filed more than 170 patent infringement lawsuits against a wide array of technology companies that make products we all use. EFF has fought repeatedly for the public’s right to access court documents in patent cases, and we moved to intervene in Uniloc v. Apple—where Apple is arguing that Uniloc doesn't have the right to sue—because the basic facts of patent ownership should not be shrouded in secrecy.

At an earlier hearing on Apple’s motion to dismiss Uniloc’s whole case, Judge Alsup called out Uniloc’s wildly improper sealing requests, saying, “There is no way this deserves to be under seal." He then denied all of the sealing requests, and gave Uniloc a short time to appeal before making the documents public. We hoped that would change Uniloc’s approach to sealing, and afterwards, the company did file public versions of some of the sealed documents. But it still sought to hide information that there was no basis to seal, like the names of companies they had licensed. So EFF renewed its motion to intervene and opposed Uniloc’s motion for reconsideration.


An author from a patent maximalists' publication said (quoting the above judge): "Judge Alsup unloads: "Patent holders tend to demand in litigation a vastly bloated figure in 'reasonably royalties' compared to what they have earned in actual licenses. ... There is a public need to police this litigation gimmick via more public access." https://www.almcms.com/contrib/content/uploads/documents/403/16984/Uniloc-v.-Apple.Alsup-motion-on-reconsideration1.pdf …"

Uncensored Alsup: patent holders are charlatans and frauds. Who other than Iancu defends the trolls? The other Trump appointee, Makan Delrahim. Appointed by the same con man who appointed Iancu (from the firm that used to serve his business). What a "swamp". As Josh from CCIA put it yesterday: "Delrahim again on his “exercising your patent rights should never be an antitrust violation” while completely ignoring the context—when you’ve made commitments as part of an industry-wide coordinating agreement, it can be an antitrust violation to fail to uphold them."

There's a toxic state of affairs when the officials in charge are in the pockets of patent trolls and law firms rather than science and technology. This is the case both in Europe and in the United States (under Trump).

Recent Techrights' Posts

EPO "Productivity" Will Fall Off a Cliff If Examiners Stick to the European Patent Convention (EPC) and Follow the Real Rules
The EPO's "Cocaine Communication Manager" would hate to see the next "productivity" metrics
The Problem is Not Technology, the Problem is Really Bad Things Sold or Imposed as "Tech" (Like a Religion Built Around Technology)
Don't hate technology, hate the corporations that abuse it to promote coercion, exploitation etc.
Resisting IBM and EPO Corruption
Rise up against EPO dictatorship next week
Where Slop Meets Ghostwriting: It's a False Analogy
It's a false analogy
Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
 
Gemini Links 17/02/2026: 3D-Printed Stainless Steel Smartwatch and Gopher Bay Offline
Links for the day
Links 17/02/2026: Machine Rage and Microsoft Kills XBox Social Clubs
Links for the day
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026