Bonum Certa Men Certa

Patent Scope Recognised as Essential For Patent Quality, But Software Patents Continue to be Granted

...not that courts tolerate these patents (if one can afford fighting them in court)

A lionSummary: Patents that are toothless, clawless lions are being accumulated by companies that should know various courts would scrutinise these enough to rule them invalid

THE number of software patents at the USPTO is hundreds of thousands. And these are the ones that aren't expired yet. It's a bubble. It's madness. No way any software developer (or even software firm) can keep track of this many patents, which is one of many reasons such patents aren't desirable.



Suffice to say, software patents are being 'dressed up' as something they're not. As this news article from South Africa put it four days ago, it's widely known that the "existence of patents may actually stifle innovation in key sectors, for example in software..."

This article is about patents on life-saving medicine -- an area in which prominent US lobbyists (including the Podesta Group) bully South Africans, on behalf of large US corporations, obviously. From the article:

In the case of medicines, the mere existence of patent protection may lead to the high price of lives being lost, as in our recent history, when millions of South Africans could not afford antiretroviral treatment for HIV, and as in the present day, when few can afford the impossible burden of new, life-saving treatments for cancer.


The other day we also saw this article about Singapore, noting correctly that they may need to limit "patent regime to spur innovation and improve the quality of patents granted..."

"What sort of loopholes exist? We already named words like "device", "car", "phone" and phrases like "over the Internet" or buzzwords such as "cloud", "AI" etc."Because patent quality matters. Not the number of patents. It should be about quality, not quantity. Singapore should stop issuing/granting software patents and patents on business methods, not just on genome (or anything about DNA). To quote: "One of the package’s most important steps is to follow decisions in the landmark cases of Association for Molecular Pathology v Myriad Genetics, from the US, and Australia’s D'Arcy v Myriad Genetics by clarifying that Singapore believes isolating DNA" is not patenable.

Only the crazy EPO has decided to become the world's laughing stock by granting patents on genome. As we said earlier today, the EPO also gave a green light/loophole to software patenting -- something which examiners we heard from vehemently object to but are pressured (from above) to accept.

What sort of loopholes exist? We already named words like "device", "car", "phone" and phrases like "over the Internet" or buzzwords such as "cloud", "AI" etc.

These are the new tricks.

Buzzword overload and media hype, accompanied by marketing from large companies, brought back an old buzzword from the dead. Now it's "AI" everywhere; for whose benefit? It's not a new concept and it's a broad area which pertains to statistics and maths (at the lower level). I did my doctorate on it.

"It’s a shame the above companies/people don’t know that software patents are a waste of time and mere paper, mostly because these are worthless in courts."It's disturbing to see just how often these days patents get painted as "AI" to hide the fact that they're on software and maths. Here is a new example [1, 2] (only days old) which speaks of an "AI techniques to identify individual attacker behavior and to judge the severity of combinations of such behaviors."

There's an illusion of novelty and illusion of it not being abstract, but courts in the US repeatedly reject such patents (the USTPO continues to grant them, under the assumption a buzzword like "AI" can bypass tests). It's all just software. How about this other example from last week's news? Malicious patents that are not only on software but also for surveillance? Surely Alice makes these patent-ineligible. Here's another new one, which speaks of "pioneer[ing] in patented physical, cyber and biometric technologies..."

"Will examiners learn to stop all these tricks and loopholes? They’re being ambushed and bamboozled by law firms whose main skill (or so-called ‘service’) is confusing examiners into granting what they should not."Well, biometrics are software. There's a device for scanning, sure, but much of the work is done by maths. Is "biometric" another one of those buzzwords that are now being used to disguise software patents? It's a shame the above companies/people don't know that software patents are a waste of time and mere paper, mostly because these are worthless in courts. Maybe some dishonest lawyers talked them into it. Here is another example, this one saying that "BOS GLOBAL Holdings PLC managing director hailed as a “remarkable achievement” the granting of two Australian patents protecting its workplace productivity software."

Well, as we noted here earlier this month (citing an Australian law firm), the Australian courts don't tolerate software patents, so this too is a waste of time and money.

Will examiners learn to stop all these tricks and loopholes? They're being ambushed and bamboozled by law firms whose main skill (or so-called 'service') is confusing examiners into granting what they should not.

Recent Techrights' Posts

Amended Input From Software Freedom Institute for EU Consultation on Free Software
"On 3 February 2026 Software Freedom Institute lodged a submission with the European Commission's inquiry into Open Digital Ecosystems"
Nadella's Mindless PR Spam Ahead of the Layoffs 'Snowball' (Adding Up Batches) Turning Into an Avalanche
Based on recent observations, the more puff pieces we see about Nadella, the closer we get to Microsoft "pulling the trigger" on mass layoffs
When Happens to Red Hat If (or When) IBM Collapses
IBM is in flux because its CFO is now implicated in what seems like accounting fraud
With an IBM Company Down Over 75% After Apparent Accounting Fraud the IBM Insiders Want Answers From James Krabanaugh
He has no technical qualifications
A "horrible week (hebdomada horribilis?) for the Solicitors Regulation Authority" (SRA)
The SRA is part of the SLAPP problem
EPO's Central Staff Committee (CSC) on EPO Social Dialogue
They've refrained from mentioning the industrial actions
The Register MS is Promoting Ponzi Scheme for Financial Fraud/Accounting Fraud Company, The Register MS Gets Paid to Do This
Published 6 hours ago
IBM's Kyndryl Managed to Fall to Less Than a Quarter of Its Past Year's High
Imagine IBM falling to $75
Links 10/02/2026: Media Freedom Feels Dead in Hong Kong and Grammys, Superbowl Becoming Politics
Links for the day
IBM RAs (or PIPs) in London, England?
They try to keep the lid on it
 
Links 11/02/2026: $700 Billion Slop Bill, Social Control Media Under Political Fire for Deliberate Health Harms
Links for the day
Mobbing at the European Patent Office (EPO) - Part VI - Attacks on Staff and Attacks on the Law Merit Another New Series
new series coming shortly
IBM's Financial Engineering (Accounting Fraud) Shell, Kyndryl Holdings Inc, is Insolvent
If this was done by the very same people who still run IBM, can we expect any better from "Sugar Daddy" IBM?
2026 a Very Productive Year and We Have Many Big Stories to Tell
maybe we'll produce 8,000 new articles/pages by year's end
Clownflare is in Trouble as Its Debt More Than Doubled in Less Than a Year, Expect Further Enshittification
Clownflare isn't free
After the Next Wave of Microsoft Layoffs Washington State Could be #1 for US Layoffs
Microsoft Corp shares were down yesterday
EPO's Local Staff Committee The Hague (LSCTH): The EPO is Generally “Managed by Excel” (Microsoft)
The current management has basically defined corruption to be "success"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, February 10, 2026
IRC logs for Tuesday, February 10, 2026
Google Still Helping the Slop Pyramid Scheme, Encouraging Plagiarism Too
Google is a plagiarism company and it wants public solidarity for plagiarism by LLMs
Gemini Links 10/02/2026: "The Luminous Dead", Matrix, and Containers
Links for the day
Kyndryl CFO Harsh Chugh Comes From IBM (17+ Years)
Who would want such a position?
International Buybacks Machines
Will the current US administration/regime look into IBM's accounting or only its mini me's?
IBM Could be the Next Kyndryl, a Dinosaur With Accounting Fraud
Many shareholders (or even pension funds) are taking a big hit today
Ian Murdock Died in San Francisco 10 Years Ago. Cops Led to His Death.
10 years ago Ian Murdock died after cops had messed him up
US/Europe divergence: health & safety, criminality & Debian harassment culture: Open Digital Ecosystems submission F33370170
Reprinted with permission from Daniel Pocock
Links 10/02/2026: Splinternets and "Meta Goes to Trial in a New Mexico Child Safety Case"
Links for the day
Russia and China Best Off Without GAFAM
What if they abandoned GAFAM?
Will Finns Put Out the Online Cigarettes?
More people recognise that the child porn site formerly known as "Twitter" and Cheeto/Pooh-tin controlled TikTok are no longer trustworthy
As the US Economy Sags Microsoft Layoffs Carry on (Now in Larger Waves Like 15,000 Per Season or 30,000+ Per Year)
They try to avoid "negative" topics
GNU/Linux at 3.99% in Australia
now that Australians can no longer keep Vista 10
Microsoft Windows Falling
analytics.usa.gov Shows Rapid Erosion of Windows Market Share Since 'End of 10' (Vista 10)
Microsoft Windows Hits All-Time Low in The Netherlands in 2026
Europe needs to rid itself or wean itself off GAFAM
SRA: SLAPPs From Russian War Criminals and American Men Who Strangle Women Are Acceptable
The SRA, by inaction, is complicit in this
The Solicitors Regulation Authority (SRA) Delusion - Part IV - Machos in Charge of the House (and System), Even If the Faces Are Female (Optics)
basically a Windows/Microsoft (US) shop
From Weber Shandwick (Microsoft PR) to Brett Wilson LLP (Hired Gun of the Serial Strangler of Microsoft)
they basically tried to charge me a lot of money for a PR project of someone who strangled women
The Solicitors Regulation Authority (SRA) is Not a Regulator, It's Part of the Litigation "Industry" in the UK (They Overlap Each Other)
Does nothing except talk about SLAPPs
Brett Wilson LLP Seems to Have Done for Roberto Foa What It Did a Year Earlier for the Serial Strangler from Microsoft
Repeat abusers (of the legal system) will misuse it as long as regulators do nothing
In Finland, Microsoft Falls Behind Yandex (Russia)
Bing has had many layoffs in recent years
Security More Advanced in Geminispace Than on the Web (Bloat)
For real security, use Geminispace capsules, not Web sites
Slop at Microsoft is a Miserable Failure, Now Microsoft Takes the "Vista Route" (Paying People to Say Good Things About It)
This is brainwash, it's meant to delay the implosion of the bubble
Rumours About February 2026 Microsoft Layoffs: Silent Layoffs or 30,000 Culled Tomorrow
Sooner or later (and soon) Microsoft will need to say something and file some WARN notifications
GNU/Linux at 12% in Guam, Based on statCounter (Compared to 2-3% a Year Ago)
Guam's "uptick" in GNU/Linux usage started weeks after "end of 10"
Where We Stand With the Winter Series
We'll need to protect names and sources
Fighting Slop With the Public Domain (and Why Slopfarms Perish Faster Than New Ones Appear)
We can combat the nonsense by producing more human-made works until the slop bubble implodes
After Employee Reviews at IBM Staff Expects Another Large Wave of PIPs and "RAs" (Layoffs)
From what we can see in the "public Web"
Gemini Links 10/02/2026: "The Last Messiah", Discord for Adults
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 09, 2026
IRC logs for Monday, February 09, 2026
Is Europe Abandoning Digital Opium?
GAFAM-controlled social control media
Mobbing at the European Patent Office (EPO) - Part V - Strongest Strike Under António Campinos
SUEPO Munich is also reminding people of the threat of PIPs
Microslop is Slop, Slop is Considered "Quality"
no wonder Microsoft's stuff breaks down so often
thelayoff.com Deletes On-Topic Discussions (Layoffs) While Leaving in Tact Pro-Corporate Trolling Made by LLMs (Slop)
Who at thelayoff.com deems spam made by LLMs (slop) to be on-topic and unworthy of zapping, whereas actually on-topic and authentic threads get routinely deleted?
Gemini Links 09/02/2026: Great Salt Lake Ecological Observatory and Offpunk 3.0 "A Community is Born" Release
Links for the day
Links 09/02/2026: Mass Plagiarism and Pollution/FakeCoin Company Nvidia Contacted Anna’s Archives, Narges Mohammadi Gets Second Prison Sentence
Links for the day
GNU/Linux May Have Grown to 7% in Equatorial Guinea
Has there been some kind of mass migration there or is this just noise in the data?
Links 09/02/2026: Russia Intentionally Killing Civilians, Jimmy Lai Effectively Sentenced for Life for Publishing News
Links for the day
Microsoft Competitions, Addictions, and Popularity Contests Are Not Going to Help Perl, They'll Waste Everybody's Time and Give Microsoft More Control Over Its Competition
Microsoft does not like Perl
A Can of WORMS - Part IV - They Would Even Attack RMS for Criticising Autocrats (Saying This is "Politics")
Conforming to society's perceived expectations isn't how effective activism can ever be done or was ever done in the recent past
Gemini Links 09/02/2026: The Exploration Myth and Making JavaScript Fun
Links for the day
EPO Outrage and Maintaining the Pressure
A vending machine does not fall over after a first push
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 08, 2026
IRC logs for Sunday, February 08, 2026
"Low Performer" and "Underperformer" as Harmful Misnomers That Damage a Company's Reputation
Misnomers need to be avoided or called out