06.28.18

Gemini version available ♊︎

US Patent Number 10,000,000 May be a Bogus One, as Per Alice/Section 101

Posted in America, Law, Patents at 4:11 am by Dr. Roy Schestowitz

It basically processes some signals using a computer algorithm

US patent number 10 million

Summary: US patent number 10,000,000 would likely be invalidated if challenged by an inter partes review (IPR), but it’s being blindly celebrated by the patent microcosm regardless

THE quality of patents at the EPO sure is declining, but what about the US? Well, in the US a lot of patents continue to be granted, but courts reject the lion’s share of these (which are asserted in courts or behind closed doors, instigating potential IPRs).

“People online have long obsessed over US patent number 10,000,000, even before it was named (or even its issuance date known).”Remember the hype about US patent number 10 million? That USPTO-granted patent is likely bogus too, as per the SCOTUS-inspired Section 101/Alice. We sure think so, but the Federal Circuit and the Patent Trial and Appeal Board (PTAB) have not looked at it yet. SCOTUS itself will be busy looking into Helsinn v Teva (mostly a prior art case) — a subject still covered by Kevin E. Noonan (Patent Docs) and other patent maximalists. “The court in Helsinn v Teva appears will rule on the issue of whether the confidential sale or license of a not-yet-patented technology or process qualifies as prior art under the AIA,” Managing IP wrote yesterday.

People online have long obsessed over US patent number 10,000,000, even before it was named (or even its issuance date known). More of this dumb obsession over the mere number of patents rather than their quality/value hasn’t quite stopped yet; there’s still more of that (see [1-3] at the bottom — all from this week).

“Scroll down a bit and nothing will be found except diagrams which correspond to data flow (like pseudo-code), explicitly with a computer/processor named.”Some people (a)(be)mused themselves by asking what would happen if a PTAB IPR rendered it invalid, making a sort of void at that historic point in the series of granted patents. We’ve already mentioned a couple of times that the patent may be abstract. Someone has just said: “The 10M patent issued for a “Coherent LADAR Using Intra-Pixel Detection” last week. It wasn’t deemed to be “abstract”? Weird. It seems like all examiners these days are smoking cigs at a French cafe contemplating existence. Just kidding. Pretty cool!”

So let’s look at it. The USPTO made a special URL for it: https://10millionpatents.uspto.gov/docs/patent10million.pdf

“We understand that this may upset patent maximalists and the person to whom this patent was assigned, but it reads “Section 101″ all over it.”Scroll down a bit and nothing will be found except diagrams which correspond to data flow (like pseudo-code), explicitly with a computer/processor named. So what’s the invention here really? Surely not the methods of acquisition of signals.

We understand that this may upset patent maximalists and the person to whom this patent was assigned, but it reads “Section 101″ all over it.

Suffice to say, patent maximalists would rather obsess over cases which better suit their agenda. Yesterday, for instance, Kluwer Patent Blog covered this (a case from last week):

The Patent Trial and Appeal Board correctly determined that claims 1-8 of a patent for a method for drilling holes for dental implants, held by Sirona Dental Systems GmbH, were unpatentable as obvious in light of prior art, the U.S. Court of Appeals for the Federal Circuit has ruled. Further, the petitioners, Institut Straumann AG and Dental Wings Inc., failed to demonstrate that claims 9-10 of the challenged patent were unpatentable, as the Board correctly found. However, the Board erred when it denied Sirona’s contingent motion to amend the claims of its patent, and that ruling of the Board was vacated, and the dispute remanded with instructions to the Board to reconsider in light of recent precedent (Sirona Dental Systems GmbH v. Institut Straumann AG, June 19, 2018, Moore, K.).

This case, which was judged (or ruling authored) by Moore, is the exception, not the norm. For a more realistic view of what happens at PTAB see the insanely angry Mr. Gross, who just keeps bashing PTAB every hour of the day. Yesterday he called “MALICE”, said he “[a]lmost fell out of my chair”, used words like “trashes” and went all caps with “THIS IS COMPLETELY FALSE; ENFISH SAYS “RELEVANT” NOT “MANDATORY”…”

“Goodbye software patents. Goodbye US patent number 10,000,000 as well? We might never know unless someone files an IPR or the patent goes to court.”He called “nonsense” and moaned the loss of another patent from big bully IBM. Basically, almost everything perishes at the altar of PTAB and patent maximalists who are connected to patent trolls can’t stand it. There was only one exception to this (“reversal today of §101 rejection at PTAB”).

The sidekick of Gross brought up the much older Bilski case and said: “In Bilski, J Kennedy worried about the risk that he might “create uncertainty as to the patentability of software, advanced diagnostic medicine techniques, and inventions based on linear programming, data compression, and the manipulation of digital signals.””

Why worry? It’s a good thing. Goodbye software patents. Goodbye US patent number 10,000,000 as well? We might never know unless someone files an IPR or the patent goes to court.

Related/contextual items from the news:

  1. Celebrating American ingenuity to the 7th power

    From mainframe computers to mobile devices, from vaccines to cures, American ingenuity underwritten by the U.S. patent system has compounded over time to make our lives longer, more productive and more fulfilling.

  2. From 1 to 10,000,000 – A History of Patents
  3. The USPTO passed up a “golden opportunity” with its Raytheon 10 millionth patent award, expert claims

    The USPTO missed out on a significant chance to have a major impact with its choice for the 10 millionth patent, according to Matt Troyer, director of patent analytics at IP services provider Anaqua. “The news definitely made some noise,” he told IAM, “but this was a missed, one-of-a-kind opportunity to pay tribute to the acceleration of technology, celebrate 228 years of US innovation and pave the way for the next generation of inventors.” Last Tuesday the office issued patent number 10 million to Raytheon’s Joseph Marron for a method of getting real-time readings from LADAR.

Share in other sites/networks: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Reddit
  • email

Decor ᶃ Gemini Space

Below is a Web proxy. We recommend getting a Gemini client/browser.

Black/white/grey bullet button This post is also available in Gemini over at this address (requires a Gemini client/browser to open).

Decor ✐ Cross-references

Black/white/grey bullet button Pages that cross-reference this one, if any exist, are listed below or will be listed below over time.

Decor ▢ Respond and Discuss

Black/white/grey bullet button If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

DecorWhat Else is New


  1. Links 24/10/2021: Ceph Boss Sage Weil Resigns and Many GPL Enforcement Stories

    Links for the day



  2. GAFAM-Funded NPR Reports That Facebook Let Millions of People Like Trump Flout the So-called Rules. Not Just “a Few”.

    Guest post by Ryan, reprinted with permission



  3. Some Memes About What Croatia Means to the European Patent Office

    Before we proceed to other countries in the region, let’s not forget or let’s immortalise the role played by Croatia in the EPO (memes are memorable)



  4. Gangster Culture in the EPO

    The EPO‘s Administrative Council was gamed by a gangster from Croatia; today we start the segment of the series which deals with the Balkan region



  5. The EPO’s Overseer/Overseen Collusion — Part XXI: The Balkan League – The Doyen and His “Protégée”

    The EPO‘s circle of corruption in the Balkan region will be the focus of today’s (and upcoming) coverage, showing some of the controversial enablers of Benoît Battistelli and António Campinos, two deeply corrupt French officials who rapidly drive the Office into the ground for personal gain (at Europe’s expense!)



  6. Links 23/10/2021: FreeBSD 12.3 Beta, Wine 6.20, and NuTyX 21.10.0

    Links for the day



  7. IRC Proceedings: Friday, October 22, 2021

    IRC logs for Friday, October 22, 2021



  8. [Meme] [Teaser] Crime Express

    The series about Battistelli's "Strike Regulations" (20 parts thus far) culminates as the next station is the Balkan region



  9. Links 23/10/2021: Star Labs/StarLite, Ventoy 1.0.56

    Links for the day



  10. Gemini on Sourcehut and Further Expansion of Gemini Space

    Gemini protocol is becoming a widely adopted de facto standard for many who want to de-clutter the Internet by moving away from the World Wide Web and HTML (nowadays plagued by JavaScript, CSS, and many bloated frameworks that spy)



  11. Unlawful Regimes Even Hungary and Poland Would Envy

    There’s plenty of news reports about Polish and Hungarian heads of states violating human rights, but never can one find criticism of the EPO’s management doing the same (the mainstream avoids this subject altogether); today we examine how that area of Europe voted on the illegal "Strike Regulations" of Benoît Battistelli



  12. The EPO’s Overseer/Overseen Collusion — Part XX: The Visegrád Group

    The EPO‘s unlawful “Strike Regulations” (which helped Benoît Battistelli and António Campinos illegally crush or repress EPO staff) were supported by only one among 4 Visegrád delegates



  13. [Meme] IBM Has Paid ZDNet to Troll the Community

    Over the past few weeks ZDNet has constantly published courses with the word "master" in their headlines (we caught several examples; a few are shown above); years ago this was common, also in relation to IBM itself; clearly IBM thinks that the word is racially sensitive and offensive only when it's not IBM using the word and nowadays IBM pays ZDNet — sometimes proxying through the Linux Foundation — to relay this self-contradictory message whose objective is to shame programmers, Free software communities etc. (through guilt they can leverage more power and resort to projection tactics, sometimes outright slander which distracts)



  14. [Meme] ILO Designed to Fail: EPO Presidents Cannot be Held Accountable If ILOAT Takes Almost a Decade to Issue a Simple Ruling

    The recent ILOAT ruling (a trivial no-brainer) inadvertently reminds one of the severe weaknesses of ILOAT; what good is a system of accountability that issues rulings on decisions that are barely relevant anymore (or too late to correct)?



  15. Links 22/10/2021: Trump's AGPL Violations and Chrome 95 Released

    Links for the day



  16. [Meme] How Corporate Monopolies Demonise Critics of Their Technically and Legally Problematic 'Products'

    When the technical substance of some criticism stands (defensible based upon evidence), and is increasingly difficult to refute based on facts, make up some fictional issue — a straw man argument — and then respond to that phony issue based on no facts at all



  17. Links 22/10/2021: Global Encryption Day

    Links for the day



  18. [Meme] Speaking the Same Language

    Language inside the EPO is misleading. Francophones Benoît Battistelli and António Campinos casually misuse the word “social”.



  19. António Campinos Thinks Salary Reductions Months Before He Leaves is “Exceptional Social Gesture”

    Just as Benoît Battistelli had a profound misunderstanding of the concept of “social democracy” his mate seems to completely misunderstand what a “social gesture” is (should have asked his father)



  20. IRC Proceedings: Thursday, October 21, 2021

    IRC logs for Thursday, October 21, 2021



  21. Links 21/10/2021: MX Linux 21 and Git Contributors’ Summit in a Nutshell

    Links for the day



  22. [Meme] [Teaser] Miguel de Icaza on CEO of Microsoft GitHub

    Our ongoing series, which is very long, will shed much-needed light on GitHub and its goals (the dark side is a lot darker than people care to realise)



  23. Gemini Protocol and Gemini Space Are Not a Niche; for Techrights, Gemini Means Half a Million Page Requests a Month

    Techrights on gemini:// has become very big and we’ll soon regenerate all the pages (about 37,500 of them) to improve clarity, consistency, and general integrity



  24. 'Satellite States' of EPO Autocrats

    Today we look more closely at how Baltic states were rendered 'voting fodder' by large European states, looking to rubber-stamp new and oppressive measures which disempower the masses



  25. [Meme] Don't Mention 'Brexit' to Team UPC

    It seems perfectly clear that UPC cannot start, contrary to what the EPO‘s António Campinos told the Council last week (lying, as usual) and what the EPO insinuates in Twitter; in fact, a legal challenge to this should be almost trivial



  26. The EPO’s Overseer/Overseen Collusion — Part IXX: The Baltic States

    How unlawful EPO rules were unsurprisingly supported by Benoît Battistelli‘s friends in Baltic states; António Campinos maintained those same unlawful rules and Baltic connections, in effect liaising with offices known for their corruption (convicted officials, too; they did not have diplomatic immunity, unlike Battistelli and Campinos)



  27. Links 21/10/2021: GIMP 2.99.8 Released, Hardware Shortages, Mozilla Crisis

    Links for the day



  28. How Oppressive Governments and Web Monopolists Might Try to Discourage Adoption of Internet Protocols Like Gemini

    Popular movements and even some courageous publications have long been subverted by demonisation tactics, splits along unrelated grounds (such as controversial politics) and — failing that — technical sabotage and censorship; one must familiarise oneself with commonly-recurring themes of social control by altercation



  29. [Meme] Strike Triangulations, Reception Issues

    Financial strangulations for Benoît Battistelli‘s unlawful “Strike Regulations”? The EPO will come to regret 2013…



  30. [Meme] Is Saying “No!” to Unlawful Proposals Considered “Impolite”?

    A ‘toxic mix’ of enablers and cowards (who won’t vote negatively on EPO proposals which they know to be unlawful) can serve to show that the EPO isn’t a “social democracy” as Benoît Battistelli liked to call it; it’s just a dictatorship, currently run by the son of a person who actually fought dictatorship


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts