09.30.18

Gemini version available ♊︎

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

Posted in Deception, Patents at 2:17 pm by Dr. Roy Schestowitz

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.

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 26/10/2021: SUSE Linux Enterprise Micro 5.1 and Multi-Distro Benchmarks

    Links for the day



  2. Links 26/10/2021: Vulkan 1.1 Conformance for Raspberry Pi 4 and Tor Browser 10.5.10

    Links for the day



  3. [Meme] Sounds Legit

    When not cheating on the wife, the EPO‘s “doyen” cheats in the exams and makes it into the epi Council, in effect working “[t]owards a common understanding [sic] of quality” with “patent attorneys nominated as “assessors” by the EPO, epi and BusinessEurope” (notorious lobbyists for dictators, litigation, and monopolies, neither business nor science)



  4. [Meme] Mayoral Patent Office Chief

    As it turns out, political 'double-dipping' isn't just a thing in North Macedonia, Austria, and EPOnia



  5. Romania's Patent Office (OSIM): Nine Different Chiefs in Just Eight Years

    The Romanian State Office for Inventions and Trademarks (OSIM), being the equivalent of the U.S. Patent and Trademark Office (USPTO) in the sense that it covers both patents and trademarks, is a very flaky institution with no shortage of scandals; for our English-reading audiences we now have a summary of a decade’s worth of blunders and leadership changes



  6. The EPO’s Overseer/Overseen Collusion — Part XXIV: The Balkan League - Romania

    Romania’s patent office has been in flux this past decade, occasionally led by people with no relevant experience, but rather political connections (like EPO President António Campinos) and sometimes forged documents and fake degrees



  7. IRC Proceedings: Monday, October 25, 2021

    IRC logs for Monday, October 25, 2021



  8. [Meme] “Social Democracy” at the EPO

    Some comments on the current situation at the European Patent Office from Goran Gerasimovski, the new EPO Administrative Council delegate for North Macedonia and Social Democratic candidate for mayor of Centar (a municipality of Skopje)



  9. [Meme] António Campinos Visits the OSIM

    António Campinos visits OSIM Director-General Ionel Muscalu in February 2014



  10. [Meme] [Teaser] Meet the President

    Later today we shall see what Romania did for Battistelli



  11. Links 26/10/2021: Latte Dock 0.10.3 and Linux 5.15 RC7

    Links for the day



  12. Gemini Protocol's Originator: “I Continue to Care About This Project and I Care About the Community That Has Formed Around It.”

    'Solderpunk' is back from a long hiatus; this bodes well for Geminispace, which grew fast in spite of the conspicuous absence



  13. Bulgarian Like Bavarian Serfdom

    Bulgarian politics seem to have played a big role in selecting chiefs and delegates who backed Benoît Battistelli‘s unlawful proposals, which treat workers almost like slaves and ordinary citizens as disposable ‘collaterals’



  14. The EPO’s Overseer/Overseen Collusion — Part XXIII: The Balkan League - Bulgaria

    Today we examine the role of Bulgaria in Benoît Battistelli‘s liberticidal regime at the EPO (as well as under António Campinos, from 2018 to present) with particular focus on political machinations



  15. Links 25/10/2021: New Slackware64-current and a Look at Ubuntu Budgie

    Links for the day



  16. Links 25/10/2021: pg_statement_rollback 1.3 and Lots of Patent Catchup

    Links for the day



  17. Microsoft GitHub Exposé — Part III — A Story of Plagiarism and Likely Securities Fraud

    Today we tread slowly and take another step ahead, revealing the nature of only some among many problems that GitHub and Microsoft are hiding from the general public (to the point of spiking media reports)



  18. [Meme] [Teaser] Oligarchs-Controlled Patent Offices With Media Connections That Cover Up Corruption

    As we shall see later today, the ‘underworld’ in Bulgaria played a role or pulled the strings of politically-appointed administrators who guarded Benoît Battistelli‘s liberticidal regime at the EPO



  19. IRC Proceedings: Sunday, October 24, 2021

    IRC logs for Sunday, October 24, 2021



  20. Links 25/10/2021: EasyOS 3.1 and Bareflank 3.0

    Links for the day



  21. The Demolition of the EPO Was Made Possible With Assistance From Countries That Barely Have European Patents

    The legal basis of today's EPO has been crushed; a lot of this was made possible by countries with barely any stakes in the outcome



  22. The EPO’s Overseer/Overseen Collusion — Part XXII: The Balkan League - North Macedonia and Albania

    We continue to look at Benoît Battistelli‘s enablers at the EPO



  23. Links 24/10/2021: GPS Daemon (GPSD) Bug and Lots of Openwashing

    Links for the day



  24. Links 24/10/2021: XWayland 21.1.3 and Ubuntu Linux 22.04 LTS Daily Build

    Links for the day



  25. IRC Proceedings: Saturday, October 23, 2021

    IRC logs for Saturday, October 23, 2021



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

    Links for the day



  27. 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



  28. 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)



  29. 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



  30. 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!)


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