Bonum Certa Men Certa

Learning How to Patent Software by Saying 'Machine Learning', Even Though Courts Dismiss These Patents

Still granting software patents (loads of paper), awarding monopolies on mathematics/statistics

Many papers



Summary: Patents on mathematics/statistics are abstract patents; but examiners at the US patent office ignore this simple fact at their own peril

"Machine Learning" isn't merely a buzzword, unlike "AI"; but the term is misused by those looking to patent software in Europe through the EPO or receive software patents from the U.S. Patent and Trademark Office (USPTO). The concepts behind machine learning (or "Machine Learning" with capital lettersas some call it, glorifying the term) vary and they boil down to statistical analysis.

"Patents on Machine Learning are software patents, so they should be tossed out."In reality, once assessed by courts, such patents would rarely 'survive' (withstand scrutiny). Here for example we have a patent troll bemoaning such software patents being lost when tweeting: “In Blue Spike, LLC v. Google Inc. (N.D. Cal. 2015), the claims were similarly non-specific to machine learning. The patentee argued against the abstractness ...” #CAND ignored claim construction & validity ruling in #TXED - key term?"

TXED is the Eastern District of Texas, which we wrote about a few hours ago. The patent troll in question links to this new post from Michael Borella. To quote:

Machine learning is more than just a buzzword. It represents a fundamental shift in how problems are solved across industries and lines of business. In the near future, a machine learning library may become a standard part of all operating systems, just like TCP/IP and database technologies have in the past.

For the majority of the existence of computers, programmers wrote functions that were designed to take some input and produce a desired output. Or, if i represents the input and o represents the output, the goal of the programmer was to develop a function f such that o=f(i).

Machine learning inverts this paradigm to some extent. A data set (which in practice usually needs to be quite extensive) of mappings between inputs and their respective outputs is obtained. This data set is fed into a machine learning algorithm (e.g., a neural network, decision tree, support vector machine, etc.) which trains a model to "learn" a function that produces the mappings with a reasonably high accuracy. In other words, if you give the computer a large enough set of inputs and outputs, it finds f for you. And this function may even be able to produce the correct output for input that it has not seen during training.


Machine Learning is not a new thing; I wrote technical reports about it 15 years ago, as it's basically a branch of several things in statistics, so it's either software or maths or both, i.e. it's a collective label for an approach or several abstract (nonphysical) approaches. Patent lawyers lie about it.

"Examiners ought to pay closer attention to the courts and reject such patents; otherwise they reduce confidence in US patents in general."Patents on Machine Learning are software patents, so they should be tossed out. Mind this new press release [1, 2] titled "Barkly Awarded Patent for Advances in Responsive Machine Learning" (why was it granted by the USPTO?)

To quote: "Barkly, the company advancing endpoint security by combining the strongest, smartest protection with the simplest management, today announced it has been awarded US Patent #10,078,752 from the USPTO for its unique approach to increasing the accuracy of machine learning-based endpoint security. Leveraging their SaaS management infrastructure, Barkly has developed the capability to automatically and transparently train, test, and deliver tailored protection models for customers."

Examiners ought to pay closer attention to the courts and reject such patents; otherwise they reduce confidence in US patents in general.

Recent Techrights' Posts

Slop Cannot Replace Everybody (the Story of Perl and Universities)
Quantity where abundance exists is without merit; quality is what people opt for as they have limited time and patience
 
Links 14/05/2026: Health Science, Cheeto Meets Pooh, and Facebook Staff Loathing the CEO
Links for the day
Gemini Links 14/05/2026: Early Morning Practice and Number to Roman Numeral Converter
Links for the day
FSF Advertises the Father of Software Freedom Giving a Talk in Germany (a Digital Sovereignty Interest Hub, Sponsor of Free Software)
Free Software vs malware and the need for reverse engineering
Cybershow (UK) Shaping Up to be a Neat and Very Large Gemini Capsule
If only more platforms did the same, plenty of energy would be spared, "old" machines would be totally suitable (even with 20 tabs open), as we'd focus on substance, not bells and whistles
SLAPP Censorship - Part 76 Out of 200: The Problem With the United Kingdom Allowing Americans to File Lawsuits by Proxy (Relayed by "Hired Guns")
Solicitors in UK warned not to act as ‘hired guns’ to silence critics of super-rich
When Microsoft's LinkedIn Goes Offline All Your Fake Friends/Connections and Manufactured 'Status' Will be Gone
Many people quit social control media because they recognise it for what it truly is
Major Setback for IBM in the Courtroom, the Demolition of IBM is Proving Costly
Kyndryl is a sign of how IBM ("mother ship") is run and where IBM is heading
Links 14/05/2026: Willful Ignorance and Mass Layoffs at Microsoft
Links for the day
Gemini Links 14/05/2026: Rewatching V for Vendetta, JPEG XL, and Platform Migrations
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XXII - What the Science Says About Cocaine in the Workplace (EPO President, Mr. Campinos, Please Take Note)
What the science says
European Patent Office (EPO) President, Mr. Campinos, Ignoring Its Staff While Protecting His Friends
the President is covering up cocaine use while ignoring his own workers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 13, 2026
IRC logs for Wednesday, May 13, 2026
Links 13/05/2026: Sudan War Enters Fourth Year and Strait of Hormuz Leaves Safe Passage a Gamble
Links for the day
Gemini Links 13/05/2026: Useless Protests and Foofaraw on Geminispace
Links for the day
Mainstream Media: Microsoft Says No Layoffs. Microsoft: OK, There Are Layoffs.
Where is Waggener Edstrom/Frank Shaw now?
IBM's Kyndryl Down Almost 20% in 5 Days, IBM Down 35% in About 6 Months, Further 'Staff Reductions' at Red Hat (Problems Paying Salaries!)
Will this year's festivities be Krishna's last?
More Mass Layoffs at Microsoft, Only Weeks After the "Buyout" Nonsense (Glorified Severance to Highest-Paid American Staff)
Next up it is LinkedIn
IBM is in a Freefall, When Will IBM's CEO Fall on His Sword?
Since he controls the Board, is anyone in a position to fire him?
At GitLab, "AI" is "All India"
It says "as much as 30%," but they also hire and it's clear what demography is targeted
Verified Accounts of Microsoft Offering 'Retirement' (Layoffs) to People in Their 40s, Over Two Decades Earlier Than Retirement Age
It's not even about performance, it's about age (or "cost" as well as location; they cheapen the labour)
Links 13/05/2026: Slop Turns Into 2008-Style Subprime Bubble, Mass Layoffs at Starbucks
Links for the day
They Don't Like the Layoffs, So They Are Rebranding Them
Layoffs are layoffs
IBM Downgraded as the Shares Sink to New Lows
The current strategy of IBM is financial engineering, wage reductions, and mass layoffs that the corporate media refuses to even write about
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 12, 2026
IRC logs for Tuesday, May 12, 2026
Gemini Links 13/05/2026: TUIs and Internet Radio
Links for the day
How the European Patent Office Became a Crime and Corruption Hub, One of Europe's Biggest
incomplete outline
Techrights at 19.5 (We Started in 2006, Days After the Microsoft/Novell Deal)
When Novell bought Ximian (run by the "best friend" of Graveley) it brought trouble to all of us, not just to Novell
In Croatia, Microsoft Windows Share Sank From 98% to All-Time Low of 67% (or 28% If One Counts Android)
statements made last week (and last month) by Microsoft's CEO confirm that Windows is rapidly losing users
SLAPP Censorship - Part 75 Out of 200: All True, All Verifiable, Unlike Garrett and Graveley Lying to at Least Three High Court Judges About What They Did
A lot of what I said a year ago not only turned out to be correct; it was moreover affirmed by Garrett after he had sworn on the Bible and put himself at risk to his liberty
The Corrupt Lecture the Non-Corrupt - Part XXI - EPO President Campinos Bribing to Buy His Seat, But Cautions Staff Against Bribery
This isn't a democratic institution
IBM Lost Nearly 33% in "Value" in 3 Months (Shares Down $100), But Nobody Held Accountable
This is a truly dysfunctional company
Gemini Links 12/05/2026: Spring Cleaning and New GemText Software
Links for the day
Links 12/05/2026: Samsung Sued by Dua Lipa (Publicity Rights), ‘Savage Love’ Copyright Infringement Lawsuit
Links for the day
IBM Falls to One-year Low
At one point or threshold does the Board (controlled by the CEO) sack the CEO?
Gemini Links 12/05/2026: On Astronomy and Stargazing, Coyote Time, and Freenom
Links for the day
Links 12/05/2026: Data Centres Destroying Neighbourhoods, "Care Workers Are Saying No to 24-Hour Workdays"
Links for the day
Richard Stallman to Give Public Talk in Erlangen, Germany (Next European Tour)
Seems like a large room
Google "Hey Hi" (Slop) Having a Stroke, Thinks I am Married to the Grandmother of My Grandfather
Seriously!
If IBM Suddenly Vanished in the 1980s, There Would be Chaos. Not Anymore.
IBM's management has rendered IBM more irrelevant than ever before
Beehiiv and Substack Are Platform Lock-in (Similar to Vendor Lock-in), Don't Use Beehiiv and Substack (and the Likes of These)
Proprietary platforms are a problem. Some people "get it" sooner than others.
Gitlab is in Trouble and Its Shares Have Collapsed
Down almost 80% since it began [...] The real issue has nothing to do with slop, it is a lack/loss of customers and erosion of the company's theoretical "value"
Microsoft: Mass Layoffs Are "Offers" (Like "Job Offers"), Culling Experienced and Highly-Paid Staff is "Softer Workforce-reduction Strategy"
Media sites that play along with those lies don't do journalism, they're in the PR industry
Under IBM, Mass Layoffs at Red Hat No Better Than Oracle Under Larry Ellison (Treating Workers Like Disposables - Even Enemies - Overnight)
under IBM the respect for the worker (or peer) does not exist
The Slop-Amplified Fear of Privilege Escalation (Local, Not Remote) in Linux, the Kernel
we are meant to assume this is no better and no worse than Microsoft intentionally putting back doors in everything, even encryption
Jim Zemlin/Linux Foundation Selling Anthropic Slop After Getting Bribed for Slop Marketing ('Linux' Foundation is a Pay-to-Say For-Profit Marketing Company That Buys and Manipulates the Media Based on False Pretences)
Look what they've done to Steven Vaughan-Nichols (SJVN)
GitLab the Latest Company to Do Mass Layoffs and Use Slop as the Go-to Excuse (GitLab Users Should Worry Too)
This round of layoffs (disguised as something else) has nothing to do with slop ("hey hi"). It's about commercial problems.
The Corrupt Lecture the Non-Corrupt - Part XX - EPO Management's Unified (One) Voice or Policy is, Doing Cocaine is OK When You're a Friend and/or Family of President Campinos
The management needs to resign to save the Office
Technology Not Meant to Last
A society apathetic towards declining production (or manufacturing) standards will end up ripped off
statCounter Cannot 'See' Chinese Operating Systems That Gain Many Millions of Users Per Month
There is no way for statCounter to recognise or show the market share of HarmonyOS
SLAPP Censorship - Part 74 Out of 200: The Basis of My Lawsuit Against Alex Graveley, Who Helps Garrett Stack the Docket in Another Continent
claim against the Serial Strangler from Microsoft
Update on Slop About "Linux"
"Linux" is a term many people are interested it, so it's not shocking that slopfarms target it
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, May 11, 2026
IRC logs for Monday, May 11, 2026
GAFAM (Microsoft) "Cloud Computing" Means Another Country's Military Accesses All Your Data
reminder that confidentiality and Clown Computing are complete opposites
Another Discrimination Lawsuit Against IBM and Workers Say IBM Culls Older Workers (Just Like Microsoft)
If IBM fails to retain some of the smartest people, then what is the future of IBM?
Gemini Links 12/05/2026: Android Nostalgia and Switching to Guix
Links for the day