Bonum Certa Men Certa

Artificial Intelligence is Just Software, So EFF Misses the Point/Reason Why USPTO Should Reject Such Patents

It's about Alice, not just public interest

20 Buzzwords you have to know in Artificial Intelligence
Reference: 20 Buzzwords you have to know in Artificial Intelligence



Summary: The recent hype about Artificial Intelligence (AI) -- hype that further dominated the media over the past couple of months -- spurred a response from the Electronic Frontier Foundation (EFF), which could probably make a stronger argument against software patents that are being labeled "AI"

THE Manual of Patent Examining Procedure (MPEP) at the USPTO is noteworthy. Examiners should no longer grant software patents, no matter how patent attorneys attempt to disguise these. In Europe, for example, EPO examiners see all sorts of software patent applications (or categories) with buzzwords like "4IR".

The other day we saw this patent maximalists' site speaking of the subject under "USPTO Releases Revised MPEP". To quote: "The U.S. Patent and Trademark Office announced via a Patent Alert e-mail last month that the Ninth Edition, Revision 08.2017 of the Manual of Patent Examining Procedure (MPEP) has been released. The new version of the MPEP includes changes to chapters 200, 700-1000, 1200, 1400, 1500, 1800, 2000-2300, 2500, and 2700. According to the Office's Alert, Appendices L and R have been revised to include laws and rules as of August 31, 2017, and Appendices T and AI have been revised to reflect the PCT Articles, Rules, and Administrative Instructions that were in force as of July 1, 2017."

No indication yet of anything related to Alice, which remains in tact and in force under Section 101.

In the meantime, the EFF's Vera Ranieri says that "we should give people limited monopolies in the hopes that overall, we end up with more innovation (whether this is actually true, particularly for software, is debatable)."

It's part of a long post titled "The Federal Circuit Should Not Allow Patents on Inventions that Should Belong to the Public" and it speaks specifically about software patents (among other things). To quote:

One of the most fundamental aspects of patent law is that patents should only be awarded for new inventions. That is, not only does someone have to invent something new to them in order to receive a patent, is must also be a new to the world. If someone independently comes up with an idea, it doesn’t mean that person should get a patent if someone else already came up with the same idea and told the public.

There’s good reason for this: patents are an artificial restraint on trade. They work to increase costs (the patent owner is rewarded with higher prices) and can impede follow-on innovation. Policy makers generally try to justify what would otherwise be considered a monopoly through the argument that without patents, inventors may never have invested in research or might not want to make their inventions public. Thus, the story goes, we should give people limited monopolies in the hopes that overall, we end up with more innovation (whether this is actually true, particularly for software, is debatable).


A few days later IP Watch wrote about the EFF, but only after it had brought up the "Artificial Intelligence" hype once again (an article behind paywall). These were posted in conjunction actually and the latter headline said: "Patenting Artificial Intelligence Might Hamper Progress, EFF Says"

"Patenting Artificial Intelligence" is patenting software because that's what "AI" is; it's software. Such patents are not supposed to be granted anymore, but will examiners understand it? To quote IP Watch:

The Electronic Frontier Foundation launched a project last year to measure progress in artificial intelligence innovations and understand the legal, political, and technical issues potentially raised by those inventions. Some eight months later, the project has tracked rapid progress of those technologies, in particular in machine learning. According to the foundation, patents might be hampering the progress of artificial intelligence, and with the risk of patent trolls claiming rights on patents on machine learning systems.

[...]

“Patents don’t seem to be assisting this cascade of invention in the slightest, and there’s good reason to fear that intellectual property can only hamper the progress of artificial intelligence as a field,” he said.

“We can be sure than in five to ten years, patent trolls will be popping up everywhere, claiming to hold patents on all of the machine learning techniques that are currently being invented in universities and commercial research labs, and generally published openly on arXiv and GitHub,” he added.


While this is true (a lot of the code being Free/libre software), it's baffling to see the EFF framing this as a matter of "hampering the progress of artificial intelligence" etc. Why not just state the obvious? These are algorithms, Alice voids patents on algorithms, and thus all those patents on "AI" should be rejected. It has long been known that patents on algorithms are hampering progress in society, irrespective of whether we call these algorithms "AI" or not.

Recent Techrights' Posts

'Cancel Culture' Doesn't Work (in the Long Run)
Despite all the attacks, I'm enjoying life, I'm keeping productive, and our audience continues to grow
GNU/Linux Still up (statCounter Says to 6%) in Bosnia And Herzegovina
Let's see where it is at year's end
Making Layout Changes
Feedback can be sent to us
Behind an Economy of Fake 'Worths' and Fictional 'Valuations' or 'Market Caps'
They normalise white-collar crime and say "everyone is doing it!"
Links 18/01/2026: "South Africa is Running Out of Software Developers", Companies Spooked to Find Slop is a Major Liability
Links for the day
Place Your Bets: Who Will Die First? Microsoft or IBM?
Not even joking; make a guess
Restoring Professional Pride in the Tech Sector
Rejecting slop isn't being a Luddite
Slop Bubble "Is Worse Than The Dot Com Bubble"
Edward Zitron Says It like it is
IRC Proceedings: Saturday, January 17, 2026
IRC logs for Saturday, January 17, 2026
 
Links 18/01/2026: The "Deepfake Porn Site Formerly Known as Twitter" and Turkey to Block Kids' Access to Social Control Media
Links for the day
Gemini Links 18/01/2026: Against English as Language of the Net, "Symposium of Destruction"
Links for the day
You Would Expect This Kind of Misleading Narrative Shortly Before Microsoft (or GAFAM) Mass Layoffs
misleading PR
FOSDEM 2026: democracy panel, GNOME & Sonny Piers modern slavery experiment
Reprinted with permission from Daniel Pocock
Pump-and-Dump With IBM Shares, Courtesy of People Who Stand to Gain From the 'Pump'
"3 Reasons to Buy IBM Stock Right Now"
IBM: Spying on Staff Like Never Before and Implementing Silent Layoffs This Month, Say Insiders
what we heard from whistleblowers seems to corroborate
IBM is Not a Free Software Company (It Never Was)
Red Hat's main product, RHEL, is full of secret sauce and has 'secret recipes' (it is basically proprietary)
IBM Turning Up the 'RTO' (Stress) and 'PIP' (Fear) Heat on Workers, Rebellion May be Brewing
Sometimes it feels like today's executives at IBM view IBM workers as a liability
Links 18/01/2026: Indonesia Against Comedy, Media-Hostile (Censors Comedians) Convicted Felon in White House Defecting to Opponents of NATO
Links for the day
Eventually the Joke (and Financial Fraud) is on Microsoft, Stigmatised for Slop
Is Microsoft trying to commit suicide?
GNU/Linux Leaps to All-time Highs in Virgin Islands
it seems to have started around the "end of 10"
Making and Keeping the Sites Accessible
Sometimes less does mean "more" (or "MOAR")
The "Alicante Mafia" - Part IV - How Europe's Largest Patent Office Recruited Drug Addicts, Antisemites, and People Who Absolutely Cannot Do the Job (But Know the 'Right' People)
To better overlap industrial actions we might delay/postpone/pause this series for a bit
Benefiting by Adding Presence in Geminispace
As the Web gets worse, not limited to bloat as a factor, people seek alternatives
Google News Recently Started Syndicating Another Slopfarm, Linuxiac
Even if Google is aware that there is slop there, it's hard to believe that Google will mind
Software Patents and USMCA (or NAFTA)
We recently pondered going back to issuing 2-3 articles per day about patents and common issues with them
IBM Sued Over PIPs
PIPs are "performance improvement plans"
Sites With "Linux" in Their Name That Are in Effect Slopfarms and Issue Fake Articles
We try to name some of the prolific culprits
Gemini Links 18/01/2026: Raising Notifications From Terminal and Environmental Sanity
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
Links 17/01/2026: Internet Blackout Normalised, Russian Attacks Civilians by Causing Massive Blackouts
Links for the day
Microsoft Lunduke Keeps Distracting From the Real Problems With Rust
Microsoft Lunduke is stigmatising critics
Linuxiac Has Become a Slopfarm, Calling Them Out Isn't Fixing That
What a shame. A once-decent site about "Linux" bites the dust.
Luzern Lion Monument, Albanian Female Whistleblowers: Swiss jurists were cowards
Reprinted with permission from Daniel Pocock
The Splinternet is Already Here, Owing to the Militarisation of Technology (Slop, Social Control Media, Back Doors, and More)
you know what's gonna happen next...
Stack Ranking Against IBM/Red Hat Staff and a Signal of Mass Layoffs (RAs) Justified by Red Hat and IBM as Poor Performance/Misconduct/Other
Working in an atmosphere like this sounds like a nightmare
Gemini Links 17/01/2026: Slow computing and Environment Leak
Links for the day
Links 17/01/2026: US Censorship and Violence Crisis, Growing Anger Levels Against Slop Sold as "Intelligence"
Links for the day
Microsoft's "valuation depends on infrastructure that does not exist."
Indeed
The Typical Trajectory: Datamation Began Experimenting With LLM Slop for Fake Articles. Then Datamation Died. (Last Month)
It's always ending up this way
Accounts or Devices (e.g. Phones) That Get 'Burnt' Have Many Pitfalls
Embassies and consulates habitually fail at this
Avoiding the Spooks (Nobody Watches the Watchers, They're Practically Unaccountable)
If more people adopt encryption, it'll be easier for us to deal with whistleblowers
Protecting Whistleblowers Requires Technical Knowledge/Skills
even the highest media judges aren't aware of how to protect sources
At Least 5 Women Quit Brett Wilson LLP in Recent Months. It's the Firm That Attacked My Wife and I on Behalf of Americans (One of Them Strangled Women).
It seems like good news that the women escape this workplace
Slop About Slop and Slop About "Linux"
In short, avoid slopfarms
Report/Benchmark Says 'Vibe Coding' Results in Security Holes
There are risks they don't like talking about
EPO Abuses Covered in Spanish
Knowing what we know (and heard/saw), the sinister silence of the media is perceived by some to be complicity of the lower order.
Richard Stallman Encourages "ICE Out For Good" Protests, His Opponents Do Not (Passive and Uncaring About Human Rights)
He has done a lot philosophically, politically, and so on
Record Traffic in Geminispace or Over Gemini Protocol
it's never too late to join
The "Alicante Mafia" - Part III - Europe's Second-Largest Organisation on Strike, Protests, Other Industrial Actions to Come Impacting Over 95% of the Workforce
The EPO's management is highly evasive, weak, and vulnerable
Claim That IBM Marked 15% of its Workforce for Potential Layoffs
No wonder we keep hearing from Red Hat people who say they hate IBM
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, January 16, 2026
IRC logs for Friday, January 16, 2026
Great Reset at IBM, the Company That Pulps Red Hat
In 2026 many workers are RTO'ed, PIP'ed, and at Red Hat many have effectively 'left the company' and now start afresh as "IBM" staff
The "Alicante Mafia" - Part II - Breakout of Discontent This Winter in Europe's Second-Largest Organisation
So far we've caused a lot of panic and stress inside Team Campinos
The "Alicante Mafia" - Part I - An Introduction to the Mafia Governing the EPO
Are some people 'evacuating' themselves to save face?
J.H.M. Ray Dassen & Debian, Red Hat, GNOME unexplained deaths
Reprinted with permission from Daniel Pocock
At Microsoft, "Firing People is a "Cheat Code" to Pump the Stock Short-term But They Are Literally Destroying the Company's Soul Long-term."
They frame layoffs as a "success story"
Gemini Links 16/01/2026: "Porting My Main Website Over to Gemini" and Seeed Studio DevBoard
Links for the day
IBM Stacked and Ranked Badly, Maladministration Dooms the Company
Now they stack people up for PIPs and layoffs ("RAs")
Google News Poisons Its Own Index With More Slopfarms (Including "filmogaz")
Naming and shaming lazy slobs who rip off other people using LLMs can work, eventually
Links 16/01/2026: UK Royal Family's "Legal Team Accused of Dishonesty, Fraud and Misconduct", OSI Still Controlled by Microsoft (the OSI's Spokesperson is on Microsoft's Payroll, Not Interim Executive Director, Deborah Bryant)
Links for the day
Writing About Corruption
Fraud is everywhere
The B in IBM is Brown-nosing and Buzzwords (or Both)
International Buzzwords Machines
Naming Culprits in Switzerland
Switzerland is highly secretive about white-collar crime
IBM's 'Scientific-Sounding' Tech-Porn Won't Help IBM Survive (or Be Bailed Out)
Who's next in the pipeline?
IBM Was Never the Good Guy
its original products were used for large-scale surveillance, not scientific endeavours
The Bluewashing is Making Red Hat Extinct (They All Become "IBM", Little by Little)
IBM does not care what's legal
Slopfarms Push Fake News About Microsoft Shutdown, 30,000+ Microsoft Layoffs Last Year Spun as Only "15,000"
The Web is seriously ill
Countries Take Action Against Social Control Media and 'Smart' 'Phones', Not Slop (Plagiarised Information Synthesis Systems or P.I.S.S.)
None of this is unprecedented except the scale and speed of sharing
Sanitised Plagiarism as "AI" (How Oligarchy Plots to Use Slop to Hide or Distract From Its Abuses, or Cause People Not to Trust Anything They See/Read Online)
This isn't innovation but repression
Sites That Expose Corruption Under Attack, Journalism Not Tolerated Anymore (the Super-Rich Abuse Their Wealth and Political Power)
Sometimes, albeit not always, the harder people try to hide something, the more effective and important it is for the general public
Recent Layoffs at Red Hat (2026 the Year of Ultimate Bluewashing)
I found it amusing that Red Hat's CEO has just chosen to wear all blue, as if to make a point
Links 16/01/2026: Social Control Media Curbs in Australia Underway, MElon Still Profiting by Sexualising Kids 'as a Service'
Links for the day
More People Nowadays Say "GNU/Linux"
We still see many distros and even journalists that say "GNU/Linux"
LLM Slop on the Web is Waning, But Linuxiac Has Become a Slopfarm
I gave Linuxiac a chance to deny this or explain this; Linuxiac did not
More Signs of Financial Troubles at Microsoft, Europe Puts Microsoft Under Investigation
The end of the library is part of the cuts
Team Campinos Talks About SAP Days Before EPO Industrial Actions and a Day Before the "Alicante Mafia" Series (About Team Campinos Doing Cocaine)
EPO staff that isn't morally feeble will insist on objecting to illegal instructions
Pedophilia-Enabling Microsoft Co-founder Cuts Staff
Compensating by sleeping with young girls does not make one younger
Microsoft Shuts Down Campus Library, Resorts to Storytelling About "AI" to Spin the Seriousness of It
Microsoft is in pain
Free Software Foundation (FSF) Back to Advertising the Talks of Richard Stallman
A pleasant surprise
Stack(ed) Rankings and Ongoing Layoffs at Red Hat and IBM (Failure to Keep Staff Acquired by IBM)
IBM is mismanaged and its sole aim is to game the stock market (by faking a lot of things)
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, January 15, 2026
IRC logs for Thursday, January 15, 2026
Gemini Links 16/01/2026: House Flood and Pragmatic Retrocomputing Dogfooding
Links for the day