Bonum Certa Men Certa

Patents Roundup: Software Patents Continue to Die in the US, TPP Threatens Developers With Their Expansion, Europe Still in a Limbo

Urbis



Summary: News from around the world about patents, and software patents in particular, in light of recent and very important developments

TODAY we look at some good news and bad news regarding software patents. In order to make it easier to digest, we have decided to break it down by country/continent.



Software Patents in the US



Banner & Witcoff Ltd released an article titled "Certain Uncertainty: The Future Of Computer Software Patents" (in numerous legal sites [1, 2). It serves to reinforce our observations, as recent as last week's, that in the US software patents are arguably dying (or at least suffer a rapid decline). "Since the Alice decision came down last June," explain the lawyers, "the world of computer software patents has been upended, both in litigation and in prosecution. In the realm of prosecution, patent applications dealing with e-commerce and business methods have been hit particularly hard at the U.S. Patent and Trademark Office (USPTO) with Alice rejections, but even those applications dealing with relatively more “technical” concepts have also been facing a harsh new reality in which eligibility rejections are lurking behind every corner and claim amendment."

"The software patenting business seem to have collapsed due to lack of demand.""705 Companies Have Abandoned All Their Pending Patent Applications Due to Alice Rejections," Patent Buddy wrote earlier today, linking to the rather good Bilski Blog (still doing plenty of detailed research into such matters). To quote Robert R. Sachs, his "analysis was based on approximately 300,000 office action and notices of allowance received from Patent Advisor."

It is nice to see some supportive statistics as in this case. This makes it easier to refute proponents of software patents (patent lawyers specialising in this area) who do what they can to distract from these Earth-shaking changes.

"Quality of patents is at gutter level."According to recent reports such as [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15], the US protectionism office, USPTO, moves close to its big software patents clients in Silicon Valley . Worry not, however, as according to this, it only "Plans to hire 80 examiners, 21 judges". That's not much. It's probably a lot smaller (order of magnitude even) than people once foresaw. The software patenting business seem to have collapsed due to lack of demand. There are still areas, such as this one (plane designs), that require patents, but they are not anywhere near Silicon Valley. In the United States, based on some USPTO statistics, 92% of all patent applications are eventually "successful", so the distinction between patents and patent applications is remarkably weak. Quality of patents is at gutter level and when patents are brought before a court they are likely not to survive, especially if they are software patents on abstract ideas.

Software Patents in New Zealand



Software patents in New Zealand have been a big topic this past summer because the TPP was alleged to be covertly changing New Zealand's laws so as to create new loopholes, or simply declare software patents formally valid.

We are gratified to see that politicians like Clare Curran are now getting involved to stop this, and the media (IDG in this case) helps raise awareness. To quote an article from this week: "New Zealand’s tech sector faces an uncertain future if a hard-fought for exclusion for software patents is missing from the final text of the Trans Pacific Partnership (TPP).

"That’s the view of Labour’s ICT spokesperson Clare Curran, who believes clarity is required sooner rather than later from the Government on the issue."

Software Patents in Australia/Canada



Selling of software patents in Australia/Canada, where the status of software patents is worse (more favourable to them) than in New Zealand, caught our eyes yesterday. To quote the Canadian press, "Techlink Entertainment’s software and its patents are a key draw for bidders looking to purchase the now-defunct Sydney firm’s personal property."

This reminds us of a Canadian company, BlackBerry/RIM, which can still become somewhat of a patent troll or just a big pile of patents.

Why are software patents are being sold and who are they going to be sold to? Maybe some patent troll will end up grabbing them for extortion purposes.

Software Patents in Europe



Software patents in Europe have been a subject that we cover here quite a lot, sometimes in conjunction with EPO scandals. Speaking of the situation in Norway, which is not in the European union, this somewhat new article alludes to what we deem collusion between patent hoarders, or a conspiracy to pacify the public. To quote the opening paragraph: "On February 8 2012 the Department of Justice proposed new legislation regarding the establishment of pledges on IP rights. The bill was introduced by the government in the form of a proposition one year later (Prop 101 L (2013–2014)) and was approved on January 1 2015, in a process which took a lot longer than what most practitioners had expected. The new legislation came into force on July 1 2015; it is thus now possible to establish pledges on patents, patent applications and patent licences in Norway, in accordance with Sections 4 to 11 of the Mortgage Act. The new rules also require that anyone with rights under a patent must record these in order to ensure protection. The priority of the pledge is the time of registration in the official Patent Register."

"The only "good" patent on software is one that is totally invalidated."Patent pledges are pretty worthless, for reasons we explained many times before. They are usually used to excuse oneself for hoarding patents, which may, some time down the line, be sold to patent aggressors and then be used offensively. Thankfully, after various cases such as Oracle versus Android (Google), more people are aware of such issues. The only "good" patent on software is one that is totally invalidated.

Recent Techrights' Posts

Changing One's Name Won't Change One's Past
People who have earned a bad reputation are not magically "entitled" to reset
People Who Assault Women Are Not Victims of "Distress"
It seems like an American tradition. In a country with almost 50 presidents, not even one was a female.
Adoption of Gemini Protocol Still Growing
Gemini Protocol is being obscured by the media - it doesn't help that Google 'hijacked' the word "Gemini" - but people still manage to find out about it, download a client, and use it
Brett Wilson LLP "Takes it Personal" (Character Assassination, Not Professionalism). Everybody Can See That.
On behalf of violent men
Pissing Contests and Pissing Off Everyone
people who came from Microsoft are trying to vex and divide the community
Microsoft Repeats the Mistakes Made by the EPO After We Exposed a Major Microsoft/EPO Scandal 10 Years Ago
That scandal was all over the media, not just in English
 
Ubuntu is Becoming GAFAM-Like
What does that say about Canonical and Ubuntu?
Slopfarms Which Take Real Articles About GNU/Linux and Turn Them Into Copycats Which Are False
Even before the LLM hype those were quite common
The Firm That Picks on Techrights is Accustomed to Working With Criminals
Techrights never did anything illegal. So why is it being picked on by people who work with criminals?
Microsoft Said the Mass Layoffs Were for "Investment" in "AI", But It's Also Laying Off the "AI" and "Copilot" Staff
Months ago we showed many so-called "AI" people were getting the boot and this time it's the same
DryDeadFish is Dead, Long Live DryDeadFish
We kept checking, hoping it can recover from some temporary technical issue
For Quite Some Time Already Microsoft Attracts Crackpots, Scams, and More
Occasionally we talk about the situation at IBM as there are many parallels
Links 14/07/2025: Chatbots Broken Again, McHire LLM Shows Limits of the Hype
Links for the day
Slashdot Media Turned Linux Journal Into a Slopfarm and Now Slashdot Actively Promotes Anti-Linux Slopfarms
Yes, "no-nonsense" apparently means actual nonsense
Links 14/07/2025: Arresting Photographers, Threats to Revoke US Citizenship Over Criticism
Links for the day
More EPO Leaks on the Way
We hope that Mr. Rowan will actually try to refute what we say and show, not merely point the finger at the messengers
Decommodification is a Corporate Strategy Against Communities
systemd is led by Microsoft and hosted by Microsoft
copyleft.org 'Hijacked' by the People Who Attack the Person Who Created Copyleft
So far there's nothing "tasteless" in copyleft.org, but that can change at any time in the future
Asking People to Take Down Articles and Videos Only Makes These More Popular and "Viral"
If you do something bad, one of the worst things you can possibly do it try to silence those who speak about it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, July 13, 2025
IRC logs for Sunday, July 13, 2025
Two-Thirds Towards FSF Goal, Richard Stallman to Give Talks in Europe
There are 67 left before reaching the target
Gemini Links 14/07/2025: Politicised Tech and "Leaving GitHub"
Links for the day
The Demise of LLMs
We've just checked BetaNews again. They've dropped all the slop and went back to human authors.
Gemini Links 13/07/2025: Sonpo Museum of Art and FCEUX
Links for the day
Links 13/07/2025: UnitedHealth's Censorship Campaign, Australia Wary of China
Links for the day
Firing Away With Nonsense
Or fighting fire with fire
Links 13/07/2025: Climate Crisis, GAFAM Poisoning the Water
Links for the day
Turns Out LLMs for Code Don't Save Time and Don't Improve Quality
Neither legal nor useful
The Microsofters Will Have an Obligation to Compensate Us
This story isn't just about Microsoft. It's also about corruption, there are many women victims, there is abject "abuse of process", and many more scandals to be illuminated in years to come.
Reproducing at the EPO Instead of Producing Monopolies for Foreign Monopolies With Their Price-Fixing Cartels
Does the EPO recognise the need of well-educated Europeans to bear kids?
Valnet Inc. Dominates Real (Not LLM Slop) GNU/Linux Coverage in 2025
And likely in prior years, too
Free Software Foundation (FSF) Fund Raiser Goes on
Later this month we'll expose another OSI scandal
EPO Staff Representatives Issue a Warning About Staff's Health and Inadequate Care
Even the EPO's own stakeholders (money sources) are openly protesting against what the EPO became
Links 13/07/2025: Partly Assorted News From Deutsche Welle and CBC
Links for the day
Gemini Links 13/07/2025: Board Games and Battle Styles
Gemini Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, July 12, 2025
IRC logs for Saturday, July 12, 2025
Plunder at the Second-Largest Institution in Europe
cuts, neglect, health problems, even early deaths
Links 12/07/2025: Political Developments, Attack on Opposition, Climate Actions
Links for the day
Gemini Links 12/07/2025: Melodic Musings and Small Web July
Links for the day
Links 12/07/2025: Jail in China for Homoerotica, South Korea Discriminates Against Old Workers
Links for the day
If Only Everything Was Rewritten in Rust, We'd Have No More Security Issues?
Nope.
Links 12/07/2025: Birdwatching and Fake/Misleading Wall Street 'Valuation' Figures
Links for the day
Gemini Links 12/07/2025: How to Avoid Writing, Apps for Android
Links for the day
Using SLAPPs to Cover Up Sexual Abuse and Strangulation
The exact same legal team of the Serial Strangler from Microsoft and Garrett already has a history fighting against "metoo"
EPO Staff Committee on Harassment in the Workplace
slides
Adding the Voice of Writers to UK SLAPP Reform
The journey to repair antiquated (monarchy era) laws will likely be long
EPO Takes More Money From Staff for Speculation (Pensions), Actuarial Study Explains the Impact
"The key change in this year’s Actuarial Study, due to cascading the new “risk appetite” from the financial study, is a significant increase of the total pension contribution rate of 5.7 percentage points, up to a total of 37.8%. This is driven by an unprecedented decrease in the discount rate of 105 bps down to 2.2%."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, July 11, 2025
IRC logs for Friday, July 11, 2025