Bonum Certa Men Certa

Hope at the End of the Tunnel as More Software Patents Are Squashed in the US

Where there's light there may be justice (unlike at the USPTO, where profit trumps justice)

Hope at the End



Summary: A roundup of patent news regarding software in particular, with concerns about quality control both at the USPTO and the EPO

BEGRUDGINGLY but inevitably the USPTO will need to realign as per the SCOTUS' rulings and stop issuing abstract patents on software methods. This is definitely going to upset a lot of patent lawyers, but it's not them who set the rules (they're not objective as they have their own motivations, usually just money, not science). Gene Quinn has just gone bonkers again. He wants examiners in patent offices to be replaced (almost) by just a filing system and based on today's IAM-hosted words of 'wisdom', the EPO may be sinking to Turkish patent standards, or looking for middle ground where there's a "post-grant opposition system" (grant first, ask questions or sort out the mess later).



"What we have in common here is declining quality control at patent offices."Based on this new article by Jakob Pade Frederiksen at MIP, the EPO's "Appeal Board condemns examination delay" (that's the headline). How about more than 12 years? Consider the following paragraph: "While the recently released EPO performance statistics for 2015 show an increase in the number of grants compared to the previous year and a decrease of backlog of searches by two thirds, delay in examination of pending cases is still of concern to some. A recent appeal decision rendered in the field of computer implemented inventions reveals that excessive examination delays do not amuse the Boards of Appeal. More specifically, in decision T 823/11 rendered in December 2015, Board 3.5.07 has ruled that duration of examination proceedings of more than 12 years must be regarded as excessive and amounts to a substantial procedural violation."

What we have in common here is declining quality control at patent offices. It's all about the money! And whose? But at the same time the courts compel the offices to admit their errors. Let's look at some recent court cases. 2 days ago we mentioned Sequenom, which we had also mentioned last year and in 2014. Sequenom, based on this new report ("Sequenom Asks the Supreme Court to Clarify the Limits on Section 101"), is freaking out after SCOTUS eliminated many abstract patents. Based on this patent lawyer, on the other hand, "US Pat 8,180,858, Survived 101/Alice Attack in Delaware" (words like "Survive" and "Attack" make it sounds like "Alice" is a ruthless warrior rather than SCOTUS fixing patent law). "Prior Stats Were 8/10 Alice Kills," notes the same patent lawyer, still associating software patents that got invalidated (because they're bogus) with death. To quote the thing in full: "J. robinson of Dist. Ct. of Delaware Rejected 101/Alice Arguments in 4 decisions issued in past week; Prior Stats Were 8/10 Alice Kills" (meaning, the large majority of them are invalided by Alice when properly challenged in a court of law). One software patent can do a lot of damage in the United States; that is what I told this lawyer regarding this tweet ("US Pat 6,928,433, Apple Paid $100M for Infringing; Asserted Against 7 Others") as it reminded me of other such Apple cases (the patent owner/assignee is Canadian in this case, just like i4i). All in all, wrote this lawyer, "11% of Patent Reexams Appealed to Beijing IP Ct. Were Reversed; 11% of PTAB Decisions Appealed to Fed. Cir. Have Been Reversed." We actually consider this patent lawyer to be a "good guy" because he is quite honest and looks at the breadth of things, unlike people who read or write IAM 'magazine'.

"The USPTO wants no legal challenges because hey, who needs quality control anyway?"In other news of interest, the Court of Appeals for the Federal Circuit (CAFC) has just demolished a gaming patent based on the aforementioned criterion. To quote a lawyers' site: "Under 35 U.S.C. €§ 101, patent-eligible subject matter is defined as any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, with the caveat that laws of nature, natural phenomena, and abstract ideas are not patent eligible. The purpose of the exceptions is to prevent patents from preventing access to “the basic tools of scientific and technological work.” The examiner rejected the claims as directed to patent-ineligible subject matter under 35 USC €§ 101, taking the position that the claims were directed to an abstract idea as the claims attempted “to claim a new set of rules for playing a card game.”"

On the other hand, or by contrast, "Computer Modeling Breast Prosthesis Survives 12(b)(6) €§ 101 Challenge," said another site, also one that's in the patent maximalism fold. Speaking of this fold, Lexology has just reposted two articles that we mentioned here some days ago [1, 2]. They amplify the patent maximalists' messages (usually patent attorneys). Patently-O has been relatively quiet over Easter, but yesterday we found this update about the USPTO, where patent maximalism is embedded because of profit motives. To quote Patently-O: "The U.S. Government has also filed its responsive merits brief. The brief appears to be a joint effort of the Solicitor General (DOJ) and the USPTO and does a solid job of justifying its positions [...] The PTO is looking for a strong decision in this case to effectively shut-down the myriad challenges it is currently facing."

"They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it."The USPTO wants no legal challenges because hey, who needs quality control anyway? A lot patent lawyers (or their clients) just want it the easy way; they want to bombard the system with patents (not applications) and not ever face rejection. Wild West. Now there's a whole new software 'industry' dedicated to fooling patent examiners into accepting bogus applications. That's just another arms race and the potential gains are big (at someone else's expense). To give this new example from MIP: "A jury in the Northern District of California has ordered Gilead Sciences to pay $200 million in damages for infringing Merck and Ionis Pharmaceuticals patents for compounds and methods used to develop medicines for the treatment of hepatitis C, including Sovaldi and Harvoni."

So a massive company, Merck, will get to keep its prices artificially high while destroying a smaller company and taking away its money. They tell us it's good because "R&D" or something along those lines, neglecting to point out that a lot of Merck's funding actually comes from taxpayers and the profits get pumped not into "R&D" (or even marketing) but pocketed by billionaires who own the company or have stakes in it. So much for 'innovation'.

Remember what patent offices were conceived and created for. Have we not lost sight of that?

Recent Techrights' Posts

Giving a Voice to the Community (Even When It's Inconvenient or 'Scary')
Once upon a time we were threatened with deplatforming for merely reposting articles by Daniel Pocock; we no longer have this problem
Judgment: French army vanquishes German FSFE on Hitler's birthday, Microsoft contract dispute (1716711)
Reprinted with permission from Daniel Pocock
Projection Tactics - Part IV: SLAPP by Americans Against Techrights (UK) to Hide Serious Abuses Against American Women
"PRs need to stop being complicit in suppression of information via SLAPPs"
 
The "Alicante Mafia" - Part XI - No Comment From Steve Rowan, Niloofar Simon, and Christoph Ernst About Cocaine Inside EPO
What kind of patent office is this?
Projection of Fanatic From Microsoft
Microsoft Lunduke is pandering to the 4Chan 'crowd'
Digg.com (Digg) is a Censorship Platform, Just Another Social Control Media/Network, Controlled by the Few
We are not going to bother with any social control media
Spam, Slop, and Fake 'Articles' Regarding "Linux"
Serial Sloppers like these are harming real reporting about Linux and GNU
Rape investigation dropped: Will Fowles & ALP transgender deception
Reprinted with permission from Daniel Pocock
Diversity, Grooming & Debian transgender Zero
Reprinted with permission from Daniel Pocock
Pauline / Maria / Alice Climent(-Pommeret) & Debian transgender offensive cybersecurity deception
Reprinted with permission from Daniel Pocock
Did judge with transgender sister & Debian conflict of interest help cover-up a death?
Reprinted with permission from Daniel Pocock
Links 24/01/2026: CBS News Demolished From the Inside and Many Publishers Admit Layoffs
Links for the day
Gemini Links 24/01/2026: Dreams and Raspberry Pi Zero 2W
Links for the day
Richard Stallman's First Talk in US College Since 2018: Videos and Photos
There are some backstories
Judge Richard Oulevey (Grandcour Choeur, Tribunal Vaud) & Debian shaming abuse victims and witnesses
Reprinted with permission from Daniel Pocock
EDPB/CNIL privacy expert Amandine Jambert (cryptie, FSFE) implicitly admitted lying about harassment when she resigned admitting conflict of interest
Reprinted with permission from Daniel Pocock
Links 24/01/2026: TikTok Controlled by Alt Reich in US Now, White House Shares Fake, Manipulated, Misleading Images Already
Links for the day
Dirty Laundry at Debian and Elsewhere
We cannot just brush aside real issues involving real people and their families
Illegal, Unconstitutional Kangaroo Court for Patents Drops the Masks, Shows Its Real Purpose is to Serve Multinational Monopolists and Crush European SMEs
Europe (or the EU) is rapidly becoming a corporate project, not a unified governance initiative
The "Alicante Mafia" - Part X - EPO Strikes to Begin Next Week
Things gradually escalate this month
Gemini Links 24/01/2026: Snow, Boxing, and Lisp is Fun
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 23, 2026
IRC logs for Friday, January 23, 2026
Senior management and HR email privacy: Martin Ebnoether (venty), Axel Beckert (xtaran) & Debian abuse in Switzerland
Reprinted with permission from Daniel Pocock
Pierre-Elliott Bécue, ANSSI & Debian cybertorture
Reprinted with permission from Daniel Pocock
MJ Ray, Micah Anderson & Debian on drugs, prostitution at DebConf6 fight
Reprinted with permission from Daniel Pocock
Excellence in Ethics: a list of victories for the truth
Reprinted with permission from Daniel Pocock
Richard Stallman Giving Public Talk, Answering Questions From the Audience
We understand (from the organisers) that there will be a video of the talk
Forbes Covers in 2026 What Was Already Clear for Over a Decade: Microsoft's BitLocker 'Encryption' is a Back Door
One that's promoted by the loudest boosters of UEFI 'secure boot' as well
The Grapevine Says IBM's American RAs (Mass Layoffs) Soon to Follow European RAs, PIPs and "Reviews" as Pretext for a Likely Baseless Dismissal
The days of honourable corporations and work ethics are long gone it seems...
Links 23/01/2026: Minus 24 deg C in South Korea, "Iran Internet Blackout Passes Two-Week Mark"
Links for the day
Gemini Links 23/01/2026: "Witch Watch" and English on the Net
Links for the day
Reminder That "Linux" in the Site's Name (and Domain) Does Not Imply Authentic Journalism About GNU/Linux
the sad fact that some once-legitimate sites became slopfarms
Further Comments Illuminate Observations Regarding IBM's Layoffs (RAs) Plan for Europe
Some shed light on the expected scale
Links 23/01/2026: Growing Censorship, Intel Falls (Another Bubble, Propped Up by Cheeto Bailout), and Huge GAFAM Layoffs Continue
Links for the day
Working for Freedom Makes You a Target
it's not about what you do but about who gets served
Appeasing Bullies Doesn't Work
The reason we're still here and very active is that we're good at what we do
Claim That IBM Mass Layoffs Began Again in Europe, With Rumours It'll Close Offices
Unless IBM issues a statement (admission) to the media or issues WARN notices (in the US), the lousy media will simply assume - however wrongly - that nothing is happening and there's nothing to report
How Microsoft Will Tell Shareholders That the Business is Failing in a Few Days
It'll resort to "AI" storytelling (lying about slop having potential for some unspecified future year)
Flying to See Today's Talk by Richard Stallman
It's probably not too late to reserve a seat for today's talk
The Fall of Freenode Didn't Kill IRC and the Web's Issues (Not Limited to LLM Slop) Didn't Kill Everything
As long as there are enough people willing to keep the simple (or "old") stuff it'll refuse to die
GAFAM Layoffs by Performance Improvement Plans (PIPs) Hide the Real Scale of Their Financial Troubles
the "official" numbers of layoffs will never tell the true story
'Domesticated' Animals Not More Valuable Than Free-range Wildlife, Proprietary ('Commercial') Software Isn't Better Than Free Software
the proprietary software giants (companies like SAP or Microsoft) have a lot of lobbyists
The "Alicante Mafia" - Part IX - EPO Budget Funnelled Into Cocaine and Moreover Rewards Cocaine-Addicted Management for Getting Busted by Police
Any day that passes without European media and European politicians doing anything about it merely discredits the media and the EU (or national governments)
Richard Stallman Won't Talk About "AI", He'll Talk About Chatbots and LLMs Lacking Any Intelligence
This really irritates people who dislike the message; so they attack the person
Slopfarms Still Fed by Google, Boosting Fake 'Articles' That Pretend to Cover "Linux"
At this point about 80-90% of the search results appear not to be slopfarms
Gemini Links 23/01/2026: The Danish Approach to Deepfakes and Random vi Things
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 22, 2026
IRC logs for Thursday, January 22, 2026