Bonum Certa Men Certa

One Small Patent Step: “There Needs to Be a Device”

MR. OLSON [For Microsoft]: The '580 patent is a program, as I understand it, that's married to a computer, has to be married to a computer in order to be patented.

JUSTICE SCALIA: You can't patent, you know, on-off, on-off code in the abstract, can you?

MR. OLSON [For Microsoft]: That's correct, Justice Scalia.

JUSTICE SCALIA: There needs to be a device.

MR. OLSON [For Microsoft]: An idea or a principle, two plus two equals four can't be patented. It has to be put together with a machine and made into a usable device.

I

n what appears like a major development, the USPTO is finally acknowledging that patenting of ideas, such as algorithms alone, is absurd. The following post concentrates on Google and on Bilski [1, 2, 3, 4] but it generalises. Some believe that this may mark the beginning of abortion of software patents, or at least a subset thereof. [via Glyn Moody]

The Patent and Trademark Office has now made clear that its newly developed position on patentable subject matter will invalidate many and perhaps most software patents, including pioneering patent claims to such innovators as Google, Inc.

[...]

The logic of the PTO’s positions in Nuijten, Comiskey and Bilski has always threatened to destabilize whole fields of patenting, most especially in the field of software patents. If the PTO’s test is followed, the crucial question for the vitality of patents on computer implemented inventions is whether a general purpose computer qualifies as a “particular” machine within the meaning of the agency’s test. In two recent decisions announced after the oral arguments in the Bilski case, Ex parte Langemyr (May 28, 2008) and Ex parte Wasynczuk (June 2, 2008), the PTO Board of Patent Appeals and Interferences has now supplied an answer to that question: A general purpose computer is not a particular machine, and thus innovative software processes are unpatentable if they are tied only to a general purpose computer.


Here are some more details about it.

Patent Trolls Return



The lawsuit against IBM, Oracle and SAP (mentioned the other day) sparked an interesting discussion that looks at the patent troll to blame. It almost seems like another Acacia, a shell company potentially motivated by hidden interests [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11]. McAfee has just suffered a defeat too.

McAfee (MFE) this afternoon disclosed in an SEC filing that a federal jury in Texas last week found the company violated a patent held by venture-backed DeepNines Inc. and ordered McAfee to pay $18 million for past and future damages. The company said it intends to appeal the verdict.


McAfee is far from a friend of Free software [1, 2, 3, 4].

The Root of the Problem



Also of interesting is the following explanation of software patents. [via Digital Majority]

Each industry has its own standards and statistics. The nature of software industry is poles apart from any other industry and for it patents are proving gradually harmful. The idea of software patent is significant as far as it promotes the originality and innovation but contrasts to it, software patents are road blockers for innovation. They harm the creativity and an aspiration to create something naive.

The software products for all applications undergoes the same life cycle. In such cases maintaining originality with concept is a bottleneck. It harms the innovation and mere thought of suing due to patent infringement is yet another big obstacle. But start ups are never sued for patent infringements as a matter of fact. If they come up with something better that can harm the existing company on the same grounds, then they can be pulled to the lawsuits battle zone. For instance the companies like Microsoft has lot of patents signed in their name, but no cases have been heard of Microsoft suing the other company as of mimicking their software or something else.


In many ways, the insidious introduction of patents on concepts in computer programs is similar to unfounded calls for copyright extension Watch this nugget of information which has already been cited.

In setting up the rationalist background of his title, Professor Bently noted that the 2004 EC Staff Working Paper, the Gowers Report, and the EC-commissioned IVIR report had all approached the question rationally, with evidence-based and economic reasoning. Each had come out against extension.


It's the wealthy who makes laws; it's not intended to promote a scientific wealth but rather to facilitate the greed of a few powerful players.

Recent Techrights' Posts

The term FUD (fear, uncertainty, doubt) was created to describe IBM's tactics and IBM is doing it again
Rob Thomas or "RT"
Slop is Distraction
LibreWolf will never include any of this slop nonsense, no matter if toggled on or off
Cult inquiry: Parliament of Victoria, last chance to have your say
Reprinted with permission from Daniel Pocock
Still Lots of IBM Departures
It's not that we lack evidence of IBM layoffs. It's just that we have ample evidence of the press not doing its job (or barely existing anymore).
The Register MS Standards: Promote a Ponzi Scheme in Exchange of Money
Once upon a time it was a serious publisher. Months ago it was taken over by a Microsoft person.
Dr. Andy Farnell: Time to Pull the Plug?
insightful, as usual
The Slopfarms' Business Case (or Business Model) Never Existed and Nowadays, in 2026, They've Mostly Collapsed
Hopefully by year's end many slop suppliers will be offline and slopfarms that rely on them throw in the towel
 
Solicitors Regulation Authority (SRA) Inaction and Incompetence - Part I - Introduction
The SRA is a sham. Many people know this already, but we want to document our own experiences with it.
Live Simply, Live Better
Life isn't about "collecting" possessions; it's about doing things that matter and accumulating knowledge so as to make better choices
Now That XBox is Pretty Much Dead and There Are Mass Layoffs at Microsoft
This means our predictions about Microsoft (and XBox) are "falling into place"
Gemini Links 01/03/2026: "In the Spirit of OFFLFIRSOCH" and "Delete Patreon"
Links for the day
ACM Lowers Its Standards for Age of Autocracy
IBM is more than happy to work with autocracies
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 28, 2026
IRC logs for Saturday, February 28, 2026
Internet Relay Chat (IRC) Turns 37.5
Can IRC reach age 75?
Gemini Links 28/02/2026: Loadbars 0.13.0, IME (Input Method Editor), and ColorColumn in Vim
Links for the day
Two EPO Strikes in March (Maybe More)
As per the SUEPO diary [...] We still have an ongoing series about the EPO, with several more series to start later
Why We Are Concerned About the SRA's Failure and What That Means to the Profession of Lawyers in the UK
Unregulated industries will lose their credibility as there is a threat of growing perception that they operate outside the law rather than practice law
Over 10,000 Pages/Articles Per Year?
Probably my most productive month, ever
Keeping Techrights Online 99.99% of the Time
Some time later this year we'll tell a very long story about how extremists attacked our webhosts
Teaser: The Next Series About the SRA, Which Would be Just as Effective as It It Right Now If It Had Zero Employees
the lapdog (of the "litigation industry") that is meant to be perceived as a watchdog
Richard Stallman, Founder of the Free Software Movement, Will be Giving Public Talk in Bern (Switzerland) in Less Than 12 Days
We are still doing a series about him and his talks
Slopfarms' Demise Looks Like the Beginning of the End (Lowered Demand for Slop)
Slop about "Linux" has gotten hard to find this past week
Links 28/02/2026: "Tehran’s Two-Tiered Internet", "Internet Under Fire"
Links for the day
When an Entire News Site is About One Topic (and One Topic Only)
Tomorrow we start a new series for the new month
Links 28/02/2026: Bill Epsteingate Admits Sex With Young Girls, "Epstein Files Are the Horror That Keeps on Giving"
Links for the day
IBM: Where Companies Come to Perish
thelayoff.com is censoring stories
Tech Layoffs Are Not Because of Slop, They're an Effect of a Rotting Economy and Tech Giants Being Too Deep in Debt
Block is rapidly sinking in debt
March in London Today Against Slop's Harms to Society (and the Environment), Starting at 12:00 GMT at the Microsoft OpenAI Office
Today there is a protest in London (UK)
Microsoft Mass Layoffs Have Officially Resumed, Microsoft's Waggener Edstrom/Frank Shaw Lied
"The former employees say this was a mass layoff"
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, February 27, 2026
IRC logs for Friday, February 27, 2026
Links 27/02/2026: Block Cuts 40% of Its Workforce While Blaming Ponzi Scheme, Netflix Backs Out of Bid for Warner Bros.
Links for the day
IBM CEO and CFO Make It Hotter in the Kitchen
Who's gonna leave the kitchen while they cook the books?
Gemini Links 27/02/2026: Unlearning Literacy (Slop) and Firefox as Slop-ware
Links for the day
It Looks Like Linux Chief Linus Torvalds Made a Good Call Regarding Kent 'Slop' Overstreet
Having never met or even chatted to Overstreet, I'm not in a position to judge him
Links 27/02/2026: Slop Incompatible With Nuclear Codes, Chinese Slop "Chatbots Censor Themselves"
Links for the day
Please Report the European Patent Office (EPO) to Europol for Cocaine Abuse and Tampering With Witnesses and Media to Hide This Cocaine Abuse
there are already police reports connected to the matter
Like a Mafia: Kris De Neef and Nellie Simon, Who Help Campinos Cover Up Cocainegate at the EPO (Substance Abuse at the Highest Office), Are Bullying EPO Whistleblowers
They're all in this together [...] At this point, undoubtedly, the EPO is run like an organised crime operation. Nothing more, nothing less.
pulltheplug.uk Says the Internet Harms Us, Will March in London Tomorrow
Maybe the site is down due to high access demand
EPO Management Trying to Hide Cocainegate, Silence/Discredit Whistleblowers, and Probably in a Panic Due to the Strikes
At the moment, Johannes' mates are receiving over 100,000 euros as a reward for doing illegal drugs
Jim Zemlin's 'Linux' Foundation is the Real Link Between Linux and Pedophilia
It's about the deeds, not the words
The GNU Manifesto Turns 41 in March (Next Week)
And RMS turns 73 next month
The Sister Site is Still Improving the Static Site Generator (SSG) We Use in Techrights
We have a common mission and every week we make measurable advancements
Techrights is 100% Disconnected From Cheeto's America, the Problem is Hired Guns in London Helping Violent Americans Attack Us Domestically
Not a new problem, not limited to us
Greenland Needs to Disconnect From United States Tech to Protect Its Independence
The more Greenland protects itself from Social Control Media, the more robust or resilient it'll be to regime change
Open Source Endowment (OSE) Looking to Raise Money for Free Software, But It's Hard to Know who Runs the Open Source Endowment Foundation
Their Web site does not (easily) show who the Board of Directors includes
Apple Doesn't Want Anybody to Ask What Happened to Vision Pro
They lost a lot of money
Solicitors Regulation Authority (SRA) on Slop and Breach of Confidentiality
They should absolutely not ignore this
If You Want More Verifiable (Auditable) Security, Use GNU Linux-Libre
GNU/Linux will never be 100% secure
Microsoft XBox Can't Stop Talking About Slop
Will we see more "prepared" (under embargo) Microsoft propaganda released simultaneously at 9PM tonight?
Rust Will Not Inherit the Earth, It Barely Deserves a Place on the Planet
Rust - like Haskell and many other short-lived fetishes - will come and go
Truth Versus Fiction: IBM's Collapse Due to Money Crunch, Not Slop Disguised as Code
core issue is financial
Almost 5,000 Known Gemini Capsules
It is now just 98 short of 5k
Priceless leaks found in crowdfunding campaign
Reprinted with permission from Daniel Pocock
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, February 26, 2026
IRC logs for Thursday, February 26, 2026